Terms of Service
Last Updated: July 21, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) are entered into between Noto AI, Inc., a Delaware corporation (“Noto,” “we,” or “us”), and the business or organization accessing or using the Service (“Customer,” “you,” or “your”).
By accessing or using the Service, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are using the Service on behalf of a business or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Noto provides the Service on a business-to-business basis. These Terms are not intended for and should not be relied on by individual consumers acting in a personal capacity.
2. Fees and Payments
2.1 Standard Fee Structure. Unless otherwise explicitly stated in a written demo agreement, service quote, or custom contract provided by Noto, the fees for use of the Service are as follows:
• Credit Card Transactions: 3.15% + $0.30 per transaction.
• ACH Transactions: 0.6% per transaction.
2.2 Precedence. In the event of a conflict between the fees listed here and a separate signed service agreement or demo quote, the fees stated in the specific agreement shall prevail.
2.3 Fee Deduction. All applicable fees will be automatically deducted from the transaction amount before funds are deposited into your account.
2.4 Right to Modify. Noto reserves the right to modify its fee structure at any time. Any changes will be communicated to you with at least 30 days’ notice before taking effect. Continued use of the Service after changes take effect constitutes agreement to the modified fees.
2.5 White Glove Onboarding Fee. During the granted free trial and evaluation period, you are eligible to cancel and receive a full refund of the onboarding fee if Noto does not meet your requirements.
Data Collection and Usage
3.1 Collection of Information. By using the Service, you agree that Noto may collect, store, and process certain information about you and your transactions. This includes, but is not limited to, contact details, payment information, and usage metadata.
3.2 Purpose of Collection. We collect this data to:
• Facilitate and verify transactions.
• Comply with Know Your Business (KYB) and Know Your Customer (KYC) regulations, as well as Anti-Money Laundering (AML) laws.
• Verify the identity of your business entity and its significant owners/controllers.
• Improve the Service and prevent fraudulent activity.
3.3 Data Sharing (Limited). We do not sell, rent, or share Customer Data with third parties for their own marketing or advertising purposes. We only share Customer Data in the limited circumstances needed to (a) provide customer support and respond to requests, (b) operate and improve the Service (for example, with vetted service providers and infrastructure partners who are contractually required to protect the data and use it only to provide services to us), and (c) comply with applicable law, regulation, or lawful requests from authorities.
3.4 Aggregated / De-Identified Data. We may use information derived from Customer Data in an aggregated and de-identified form (meaning it does not identify you, your end users, or your business) to produce industry analytics, benchmarking, and trend reports, and to improve our products and services. We take reasonable steps to ensure these reports cannot be used to re-identify any individual or Customer.
4. Data Ownership and Export
4.1 Customer Ownership. As between you and Noto, you retain all right, title, and interest in and to all data, content, and materials you or your authorized users submit to or generate through the Service, including without limitation client data, session notes, and other records (collectively, “Customer Data”). Noto acquires no ownership rights in Customer Data.
4.2 Limited License to Noto. You grant Noto a limited, non-exclusive license to access, host, process, and use Customer Data solely as necessary to provide, maintain, secure, and support the Service, comply with applicable law, and as otherwise permitted under Section 3.
4.3 Export Upon Termination. Upon termination or expiration of these Terms for any reason, you may request an export of your Customer Data in a commonly used, machine-readable format. Noto will make Customer Data available for export for at least 60 business days following termination. After that period, Noto may delete or de-identify Customer Data in accordance with its data retention practices and applicable legal requirements, unless a longer retention period is required by law or a separate written agreement.
Security and Data Protection
5.1 Encryption. Noto encrypts Customer Data in transit using industry-standard protocols (e.g., TLS) and at rest using industry-standard encryption (e.g., AES-256).
5.2 Backups and Availability. Noto maintains regular, automated backups of Customer Data and follows internal procedures intended to support timely recovery in the event of data loss or system failure. [Add specifics on backup frequency, retention, and disaster-recovery targets (RPO/RTO) if you want to commit to numbers.]
5.3 Certifications. Noto has not yet completed a SOC 2 audit and does not currently hold a SOC 2 report or other third-party security certification. Noto maintains internal security practices, including the encryption and backup measures described above, and may pursue formal certification in the future. Customer acknowledges this current state as of the effective date of these Terms.
5.4 Breach Notification. In the event Noto becomes aware of unauthorized access to or acquisition of Customer Data that compromises its security, confidentiality, or integrity (a “Security Incident”), Noto will notify affected Customers without undue delay, and in any event within 5 business days of confirming the incident. Notice will describe, to the extent known, the nature of the incident, the categories of data involved, and the steps Noto is taking or recommends in response. Noto will cooperate with Customer’s reasonable requests for information relating to the incident and with any legally required regulatory notifications.
Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
Mobile opt-in data and consent will not be shared with third parties or affiliates for marketing or promotional purposes.
License and Restrictions
Subject to your compliance with these Terms, Noto grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your internal business purposes. This license extends to your employees and authorized users acting on your behalf, subject to your responsibility for their compliance with these Terms.
You agree not to:
• Use the Service for any illegal, unauthorized, or prohibited purpose.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble the Service.
• Copy, distribute, transmit, display, perform, sell, resell, sublicense, or create derivative works of the Service, except as expressly permitted by these Terms.
• Interfere with or disrupt the integrity or performance of the Service.
• Use any automated means, including bots or scrapers, to access or interact with the Service outside of Noto’s supported APIs or integrations.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Service.
User Content
The Service may allow you to submit or post content, including text, images, or other materials (“User Content”). You retain ownership of your User Content, but by submitting or posting it on the Service, you grant Noto a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating, providing, and improving the Service.
You agree not to submit or post any User Content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable. Noto reserves the right to remove or disable any User Content that violates these Terms or is deemed inappropriate at its reasonable discretion.
Intellectual Property
The Service and its content, including but not limited to text, graphics, logos, images, and software, are the property of Noto or its licensors and are protected by intellectual property laws. You agree not to use, copy, reproduce, modify, distribute, or create derivative works based on the Service without Noto’s prior written consent, except as expressly permitted under Section 7.
Third-Party Fees and Payment Processing
Payment Processing Partner. Noto uses a third-party payment processor (currently Finix Payments, Inc.) to facilitate transaction processing, fund settlement, and related services. Your use of payment processing functionality within the Service may also be subject to Finix’s own terms of service and policies, which will be made available to you separately. Noto is not responsible for the acts, omissions, or availability of its payment processing partner, except as expressly set forth in a separate written agreement.
Third-Party Fees and Payment Processing
Payment Processing Partner. Noto uses a third-party payment processor (currently Finix Payments, Inc.) to facilitate transaction processing, fund settlement, and related services. Your use of payment processing functionality within the Service may also be subject to Finix’s own terms of service and policies, which will be made available to you separately. Noto is not responsible for the acts, omissions, or availability of its payment processing partner, except as expressly set forth in a separate written agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Noto and its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your or your authorized users’ use of the Service; (c) your violation of any applicable law or the rights of a third party; or (d) any User Content you submit through the Service. Noto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Noto’s defense of such claim.
Term and Termination
These Terms remain in effect for as long as you use the Service. Either party may terminate for convenience upon [30] days’ written notice, or immediately if the other party materially breaches these Terms and fails to cure within [15] days of notice. Noto may also suspend or terminate access immediately where necessary to comply with law or to prevent harm to the Service, Noto, or other users. Sections relating to fees owed, data ownership and export, intellectual property, indemnification, limitation of liability, and dispute resolution survive termination.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND NOTO.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. NOTO’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO NOTO IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved in the state or federal courts located in New York County, New York, and each party consents to the exclusive jurisdiction of those courts.
Modifications to These Terms
Noto may update these Terms from time to time. Material changes will be communicated at least 30 days before taking effect, consistent with Section 2.4 for fee changes. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Miscellaneous
These Terms, together with any applicable service agreement or quote, constitute the entire agreement between you and Noto regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full effect. You may not assign these Terms without Noto’s prior written consent; Noto may assign these Terms in connection with a merger, acquisition, or sale of assets.
Contact
Questions about these Terms, data export requests, or Security Incident reports can be directed to: aj@withnoto.com.
