Terms of Use

1. About these Terms

These Terms of Use (“Terms”) govern your use of Mark'n Memo, an Android app provided by Masatiki. Please read these Terms before using Mark'n Memo. If you do not agree to them, do not use the app.

Information about personal information and other data handled by the app is provided separately in the Privacy Policy.

2. What Mark'n Memo does

Mark'n Memo is a note-taking app that lets you create text notes by typing or using speech recognition available on your device, organize notes into categories, and set reminder notifications and alarms. For backup, restore, export, and import, you select the destination or source through Android’s system file picker.

Mark'n Memo is not a medical, safety, emergency-response, legal, or professional service.

3. Conditions of use

You must use Mark'n Memo in compliance with applicable law, these Terms, and any terms that apply to your device or third-party services. If you are not legally able to agree to these Terms on your own, use the app only with the involvement of a parent or legal guardian where required.

You are responsible for maintaining a device, operating system, network connection, permissions, and settings suitable for safe use of the app, and for controlling access to your device.

4. Speech recognition and review of content

Voice input uses the Android speech recognition service available on your device. Background noise, speech patterns, language settings, connectivity, your device, the operating system, or the speech recognition service can cause incorrect text, omissions, duplicates, interruptions, or failures.

Before you save, share, send, or rely on transcribed text, review it and make any needed corrections. Do not rely on speech recognition results alone when making an important decision.

5. Reminders, alarms, and important deadlines

Notifications and alarms can be delayed, hidden, or not delivered because of device conditions, Android behavior or updates, notification or alarm permissions, time settings, restarts, battery optimization or power-saving modes, Do Not Disturb settings, or the app being stopped or removed.

Do not use Mark'n Memo as your only way to receive notice of an emergency, medical or medication need, safety check, legal deadline, payment deadline, or other critical personal or business deadline. Use another reliable method to confirm important events and deadlines.

6. Note storage, backups, and notification privacy

Most memo text, categories, settings, and reminder information are stored primarily on your device. Data may be lost if your device fails, is lost or stolen, is reset, experiences an operating system or app error, has corrupted data, is replaced, or if you uninstall the app.

You are responsible for regularly backing up important data to a secure location you control. If you choose a third-party storage service for a backup or export, review that service’s terms and security practices.

Depending on your device and lock-screen settings, notifications may display memo content. Before storing sensitive content, review your notification previews, lock-screen settings, device lock, and app lock settings.

7. Third-party services

Some Mark'n Memo features are affected by services provided by others, including Android, device-manufacturer features, speech recognition services, Google Play services, Firebase, Google Mobile Ads, Google User Messaging Platform, and any document provider you choose.

Those services are governed by their providers’ terms and privacy policies, and their specifications, geographic availability, accuracy, availability, or pricing may change. Masatiki does not control third-party services and cannot guarantee their continued availability or complete accuracy.

8. Prohibited conduct

You may not:

• Use Mark'n Memo in violation of law or to facilitate crime, fraud, or harm to another person;
• Infringe another person’s copyright, trademark, privacy, reputation, or other rights;
• Use the app to create, store, or distribute malware, harmful code, or unlawful data;
• Interfere with, gain unauthorized access to, or bypass security for Mark'n Memo, related systems, or third-party services;
• Improperly copy, modify, decompile, or reverse engineer Mark'n Memo, except where applicable law permits it; or
• Engage in other conduct that Masatiki reasonably determines to be improper based on legitimate grounds.

9. Intellectual property and your notes

Mark'n Memo and its related websites, designs, software, text, logos, and trademarks are owned by Masatiki or their respective rights holders. These Terms give you a limited, revocable, non-transferable, non-exclusive right to use Mark'n Memo for personal, lawful purposes.

You or the applicable rights holder retain rights in the notes you create. You are responsible for ensuring that you have the necessary rights to content you save, enter, export, or share and that the content does not infringe another person’s rights.

10. Changes, updates, and discontinuation

Masatiki may add, change, suspend, or discontinue Mark'n Memo features for reasons such as quality, safety, legal compliance, or changes to third-party services. When reasonably practical, Masatiki will provide notice of a material change through an appropriate channel.

Back up or export any notes you need in case a feature changes or the app is discontinued.

11. Disclaimer of warranties

To the extent permitted by applicable law, Mark'n Memo is provided “as is” and “as available.” Masatiki does not promise that the app will always operate without interruption or error, work on every device, provide accurate, complete, or timely speech recognition or reminders, or prevent all data loss.

This section does not limit any warranty or right that cannot be waived under applicable consumer protection or other law.

12. Limitation of liability

To the extent permitted by applicable law, Masatiki is not liable for unforeseeable, indirect, special, incidental, or consequential losses, lost profits, lost opportunities, or lost data arising from your use of Mark'n Memo. Masatiki is also not liable for loss caused by your failure to review content, check settings, or make reasonable backups, or by device failure or loss, third-party services, connectivity, operating-system behavior, or permission settings, except to the extent the loss is attributable to Masatiki.

Where Masatiki is liable and that liability may legally be limited, liability is limited to direct and ordinary loss that you actually and reasonably incur. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, death or personal injury, or any other liability that applicable law does not allow to be excluded or limited.

13. Changes to these Terms

Masatiki may change these Terms to reflect changes to Mark'n Memo, the way it is provided, applicable law, or legitimate business needs. Updated Terms will be posted on this page with a new “Last updated and effective” date. For material changes, additional notice may be provided through the website, app, or distribution store when required by law or reasonably practical.

If you do not agree to updated Terms, stop using Mark'n Memo.

14. Governing law and disputes

These Terms and your use of Mark'n Memo are governed by the laws of Japan, without regard to conflict-of-law principles. This choice of law does not take away any non-waivable rights you have under consumer protection or other mandatory laws that apply where you live.

If a dispute arises, you and Masatiki will first try in good faith to resolve it through discussion. If it cannot be resolved, it may be brought before a court that has jurisdiction under applicable law.

15. Contact

Questions about these Terms or Mark'n Memo may be sent to marknmemo+contact@gmail.com.