Terms of Service

Version 1.0

Last updated: 02-11-2023

Introduction

Welcome to Float Note, a product of De App Specialist, registered at Kastanjelaan 1-22, Noord-Brabant, Eindhoven, Netherlands, with Chamber of Commerce number 74982303 and VAT number NL001117421B50. You can contact us via email at info@deappspecialist.nl or by phone at +31612237832.

Float Note is an advanced to-do list application created to enhance your productivity and focus by providing a platform for efficient task management. Our core features include a persistent app window, integrated pomodoro timer, automated task duration logging, a 'focus mode' to keep your most important task(s) in sight while minimizing distractions, advanced search functionalities, system creation within a workshop section, and more. Additionally, Float Note offers interactive features like friend lists, shared pomodoro timer sessions, chat rooms, life-planning courses, and a gamified experience to encourage productivity hacks.

These Terms of Service ("Terms", "ToS") govern your access to and use of our app, website, and services ("Service", "Float Note"). By accessing or using Float Note, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you may not access or use Float Note.

We encourage you to read these Terms carefully, and to contact us if you have any questions or concerns. Your use of Float Note is also subject to our Privacy Policy, which describes how we collect, use, and share your information.

These Terms apply to all users of Float Note, including without limitation users who are browsers, registered users, subscribers, and others who access or use Float Note.

Please review the following sections to understand the terms and conditions that apply to your use of Float Note.

Acceptance of Terms

By accessing or using Float Note, you confirm that you have read, understood, and agree to be bound by these Terms of Service, as well as any other guidelines, policies and future modifications. When accepting these Terms, you represent and warrant that you have the legal authority to agree to and accept the Terms on behalf of yourself and any party you represent in connection with your use of Float Note. If you do not agree with these Terms in their entirety, you are not authorized to use Float Note in any manner or form.

Furthermore, by using Float Note, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using Float Note may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

These Terms apply to all visitors, users, and others who access or use the Service. Your access to and use of Float Note is conditioned on your acceptance of and compliance with these Terms.

If you are using Float Note on behalf of a business or entity, that business or entity accepts these terms. It will hold harmless and indemnify De App Specialist and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of Float Note or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Account Registration and Use

To access certain features of Float Note, you will need to create an account. When you create an account, you agree to:

1. Provide Accurate Information: You must provide accurate, current, and complete information during the registration process and keep your account information updated.
2. Account Security: You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to immediately notify Float Note of any unauthorized use of your account or any other breach of security.
3. Account Use: Your account is for your personal use only. You may not share your account with others or use the account of someone else at any time. You may not assign or transfer your account to any other person or entity.
4. Account Restrictions: You must not use your account for any illegal activities, including but not limited to fraud and unauthorized access to other networks or accounts.
5. User Conduct: You agree to use Float Note in a manner consistent with any and all applicable laws and regulations, and these Terms of Service.
6. Termination: Float Note reserves the right to terminate or suspend your account, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use Float Note will immediately cease. If you wish to terminate your account, you may simply discontinue using Float Note and, if desired, delete your account through the app settings.
7. Data Retention and Deletion: Upon termination or deletion of your account, all personal data associated with your account will be deleted, as described in our Privacy Policy, except as required by law.

By creating an account, you also consent to the use of: electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and automatic telephone dialing system and pre-recorded calls and messages to provide messages, including informational and operational messages.

User Conduct

While using Float Note, you agree to adhere to the following conduct guidelines to ensure a positive and lawful user experience:

• Lawful Use: You agree to use Float Note only for lawful purposes and in compliance with these Terms of Service and any applicable laws, regulations, and guidelines.
• Respectful Interaction: You agree to interact respectfully with other users, and not to harass, threaten, or abuse others within any interactive features Float Note may offer such as chat rooms or shared sessions.
• Intellectual Property Rights: You agree not to infringe upon the intellectual property rights of Float Note or any third parties. This includes not copying, distributing, or creating derivative works based on Float Note without explicit permission.
• No Distribution of Harmful Material: You agree not to distribute any harmful, obscene, or illegal material or engage in activities that may disrupt or negatively affect Float Note's services.
• No Unauthorized Access: You agree not to attempt unauthorized access to any part of Float Note, to accounts of other users, or to networks connected to Float Note.
• No Automation: You agree not to use bots, scripts, or other automated methods to interact with Float Note.
• No Commercial Use: You agree not to use Float Note for commercial purposes without obtaining prior written permission from Float Note.
• Reporting Violations: You agree to promptly report any violations of these conduct guidelines to Float Note.
• Accurate Information: You agree to provide accurate information to Float Note and other users, where applicable.
• Feedback: While not mandatory, you are encouraged to provide feedback to help improve Float Note. Any feedback you provide will be treated as non-confidential and non-proprietary.

Violations of these guidelines may result in termination or suspension of your Float Note account, at the sole discretion of Float Note.

Access and Usage Restrictions

Access to and use of Float Note are subject to certain restrictions to ensure the service's integrity and the users' safety. You are not permitted to:

• Engage in any activity that interferes with or disrupts the Float Note services or the servers and networks connected to Float Note.
• Reproduce, duplicate, copy, sell, trade, or resell any part of Float Note for any purpose without express written permission from Float Note.
• Attempt to decompile, reverse engineer, or otherwise attempt to discover the source code of Float Note or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law.
• Use Float Note in a manner inconsistent with any applicable laws, regulations, or terms outlined in this Terms of Service document.

Intellectual Property

The content, features, and functionality of Float Note, including but not limited to all information, software, text, displays, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Float Note, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use Float Note for your personal, non-commercial use only.

• Copyrights: All content provided within Float Note is the property of Float Note or its content suppliers and protected by international copyright laws.
• Trademarks: The Float Note name, the Float Note logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Float Note or its affiliates or licensors. You must not use such marks without the prior written permission of Float Note. All other names, logos, product and service names, designs, and slogans on Float Note are the trademarks of their respective owners.
• Patents: Any patents associated with Float Note, its features, and services are the sole property of Float Note and protected by international patent laws.
• License: Subject to your compliance with these Terms of Service, Float Note grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Float Note for your personal, non-commercial purposes. This license is revocable at any time without notice and with or without cause.
• Restrictions: You may not copy, modify, distribute, publicly display or perform, sublicense, sell, lease, or otherwise commercialize Float Note or its content without the express written consent of Float Note.
• User Contributions: By submitting, posting, or displaying content on or through Float Note, you grant Float Note a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods. This license authorizes us to make your content available to the rest of the community associated with Float Note, to enable feature or functionalities available within Float Note, or to provide the service as described in these Terms of Service and the Privacy Policy.
• Feedback: You are not required to provide feedback to Float Note. However, should you provide feedback, suggestions, ideas, or any other information, you agree that Float Note is free to use such feedback without any restriction or compensation to you.
• Infringement Notices: If you believe that any content on Float Note infringes upon your intellectual property rights, you may submit a notification to support@floatnote.com detailing the alleged infringement.
• No Waiver: No waiver by Float Note of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Float Note to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
• Enforcement: Float Note reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Float Note.

User-Generated Content

Float Note provides various interactive features that allow you and other users to create, post, send, and receive content, including but not limited to task lists, shared pomodoro timer sessions, chat messages, course progress, and any other information or material available through Float Note ("User-Generated Content").

• Content Ownership: You retain all ownership rights to the content you submit to Float Note. However, by submitting User-Generated Content through Float Note, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, display, perform, and distribute your User-Generated Content in connection with the operation and promotion of Float Note.
• Responsibility for User-Generated Content: You are solely responsible for your User-Generated Content and any consequences of posting or publishing it. Float Note is not responsible or liable for the content or accuracy of any User-Generated Content posted by you or any other user.
• Your User-Generated Content must comply with all applicable laws and regulations, and it must not:
  - Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  - Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
  - Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
  - Be likely to deceive any person, promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Accuracy of Content: You represent and warrant that you own or control all rights in and to your User-Generated Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• Content Review: We have the right, but not the obligation, to review, screen, or edit User-Generated Content. You understand and agree that we have the right (but not the obligation) to remove or refuse to post any User-Generated Content for any or no reason in our sole discretion.
• Use of User-Generated Content: We may use your User-Generated Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
• Feedback: Although you are not required to provide feedback regarding Float Note, should you provide feedback, suggestions, or ideas, you agree that we are free to use such feedback without any restriction or compensation to you.
• No Expectation of Privacy or Confidentiality: Please note that User-Generated Content is not confidential and that others may view and use your User-Generated Content. You should not submit any content or information that you consider confidential.
• Backup Your Content: You are responsible for backing up any User-Generated Content that you post on Float Note. We are not responsible for lost or deleted User-Generated Content.
• Indemnification: You agree to indemnify and hold harmless Float Note, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your User-Generated Content or your violation of these Terms of Service.

Feedback and Reviews

We welcome your feedback and reviews on Float Note across all platforms including app stores, social media, email and third-party review sites. By submitting feedback or reviews, you grant us permission to use, modify, and incorporate your suggestions into Float Note without any compensation. Your feedback helps us improve Float Note, ensuring we continually meet your needs and expectations.

Privacy

Your privacy is very important to us, and we have provided the Privacy Policy that explains our practices regarding the collection, use, and disclosure of your personal information when you use Float Note. By agreeing to these Terms of Service, you also agree to our Privacy Policy, which may be updated from time to time.

• Information Collection and Use: Your use of Float Note involves the collection and use of your personal information, as detailed in our Privacy Policy. It is essential that you read and understand the privacy practices outlined in the Privacy Policy before using Float Note.
• Consent to Data Processing: By using Float Note, you consent to the processing of your data as outlined in our Privacy Policy and agree to comply with any applicable laws and regulations regarding the privacy and data protection.
• Data Security: We have implemented various measures to ensure the security and confidentiality of your personal information as described in our Privacy Policy. While we strive to protect your data, we cannot guarantee its absolute security.
• International Data Transfers: As described in our Privacy Policy, Float Note may involve the international transfer of your personal data. By using Float Note, you agree to such transfers in accordance with our Privacy Policy.
• User Rights: You have specific rights concerning your personal data, as outlined in our Privacy Policy. We encourage you to review and understand your rights and our obligations regarding your data.
• Cookies: We use cookies and similar technologies as described in our Privacy Policy to provide and improve Float Note. By using Float Note, you agree to our use of cookies and such technologies.
• Changes to Privacy Practices: Any changes to our privacy practices will be communicated as described in our Privacy Policy. Your continued use of Float Note after any updates to our Privacy Policy indicates your acceptance of such changes.
• Contact: If you have any questions or concerns about privacy or data protection, you can contact us as provided in our Privacy Policy.

Your acceptance of these terms, as well as your use of Float Note, is subject to our Privacy Policy, which is incorporated into these Terms of Service by this reference.

Payment, Refunds, and Subscription Terms

Float Note operates on a freemium model, providing a basic version of the app for free, with the option to upgrade to a premium subscription for access to additional features and benefits. Below are the terms regarding payment, refunds, and subscription:

• Subscription Plans: We offer various subscription plans, including monthly, yearly, and lifetime memberships. Each plan grants you access to the full range of premium features available in Float Note.
• Payment Processing: Payments for premium subscriptions are processed securely through our third-party payment processor, Stripe. We do not store or have access to your payment card details.
• Subscription Renewal: Monthly and yearly subscriptions are set to renew automatically at the end of each billing cycle. You can manage or cancel your subscription at any time through your account settings.
• Free Trials: From time to time, we may offer free trials for our premium subscription. Free trials are subject to these Terms of Service, and you may be required to enter your payment information to start the trial.
• Refunds: All sales are final, and no refunds will be issued for partially used or unused subscription periods, except as required by law or as otherwise specified in these Terms of Service.
• Upgrades and Downgrades: You can upgrade or downgrade your subscription level at any time. Changes will take effect at the beginning of the next billing cycle.
• Pricing Changes: We reserve the right to modify the pricing of our subscription plans at any time. Any price changes will be communicated to you in advance, providing you the opportunity to change or cancel your subscription before the changes take effect.
• Promotional Offers: We may occasionally offer promotional prices or other offers. Such offers may be subject to additional terms and may be changed or discontinued at our discretion.
• Chargebacks: Initiating a chargeback for a valid charge from us is considered a breach of these terms and may result in the termination of your account.
• Taxes: Prices for our subscription plans are inclusive of any applicable taxes. You are responsible for any additional taxes or fees applicable in your jurisdiction.

By choosing a premium subscription, you agree to these payment, refund, and subscription terms. Your use of Float Note and any dispute arising out of such use is subject to these Terms of Service and our Privacy Policy.

Lifetime Subscription Terms

The term "lifetime" in the context of a Float Note subscription refers to the lifespan of the Float Note app, not the lifetime of the subscriber. Float Note reserves the right to discontinue the app or any of its services at any time due to various reasons, which may include but are not limited to technological changes, business decisions, or external circumstances beyond our control. In the event that Float Note is discontinued, the lifetime subscription will naturally conclude, and no further services will be provided under this subscription.

We will make all reasonable efforts to notify subscribers in advance of any such discontinuation and provide options where feasible. However, subscribers to the lifetime plan acknowledge and agree that there will be no refunds or compensatory services provided beyond the discontinuation of the app.

Refund Policy

Float Note operates on a 'no-refund' policy for all in-app purchases or subscription charges. However, exceptions can be made on a case-by-case basis at the sole discretion of Float Note.

By using Float Note after purchasing access to the premium services, you acknowledge and agree that you are waiving your right to a 14-day cooling-off period, which would otherwise entitle you to a refund, as the service starts immediately upon payment. Should you not agree with this waiver, you should not use the premium services of Float Note.

Third-Party Integrations

Float Note may allow integrations with third-party services or platforms. While we aim to provide smooth interoperability, we are not responsible for any issues, damages, or losses that may arise from your use of these third-party integrations. The third-party services are governed by their own terms and privacy policies, which we encourage you to review before enabling such integrations. By accessing or using any third-party services through Float Note, you agree to comply with the applicable terms and acknowledge that Float Note is not liable for any adverse effects caused by such integrations.

Third-Party Services and Links

Float Note may integrate or provide links to third-party services, websites, or resources for enhanced functionality or for informational purposes. Below are the terms regarding the use and interaction with these third-party services and links:

• Integration: We may integrate third-party services within Float Note to provide additional features. For example, authentication services like Firebase, payment processing through Stripe, and usage analytics through Google Analytics. The use of these integrated services is subject to their respective terms and privacy policies.
• Links to Other Websites: Float Note may contain links to external websites or resources for your convenience or informational purposes. Clicking on third-party links may direct you to a website or resource outside of Float Note.
• No Endorsement: The inclusion of any third-party links does not imply endorsement by Float Note of the third parties or any association with its operators. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.
• User Responsibility: You acknowledge and agree that your use of third-party services or following links to third-party websites is at your own risk. We encourage you to read the terms and privacy policies of any third-party services or websites you visit.
• Data Sharing: Interaction with third-party services may require sharing of certain personal data. Refer to our Privacy Policy for details on how we handle data sharing with third-party services.
• Disputes: Any disputes or issues arising from the use of third-party services or links accessed through Float Note are solely between you and the third-party service provider.
• Changes and Removal: We reserve the right to add, modify, or remove third-party integrations or links at any time without prior notice to you.
• Support: Support or inquiries related to third-party services or links should be directed to the respective third-party providers.

Your use of third-party services and links is subject to these Terms of Service, and by using them, you agree to comply with the respective terms and conditions of these third-party services and links.

Dispute Resolution

The following terms outline the process and conditions for resolving disputes that may arise between you and Float Note:

• Contact Us First: If a dispute arises, we strongly encourage you to contact us at support@floatnote.com first to seek a resolution by notifying us of your concerns. We will attempt to resolve any disputes in good faith.
• Governing Law: These Terms of Service and any dispute arising out of or in connection with them shall be governed by the laws of the Netherlands, without regard to its conflict of law principles.
• Jurisdiction: You agree that any legal action or proceedings arising out of these Terms of Service or in any way relating to your use of Float Note shall be brought exclusively in the competent courts of Eindhoven, Netherlands.
• Dispute Resolution Procedure: In the event of a dispute, both you and Float Note agree to first attempt to resolve the issue informally. If the issue cannot be resolved informally, both parties agree to resolve any claim, dispute, or controversy through final and binding arbitration.
• Arbitration: The arbitration will be conducted in Eindhoven, Netherlands, in accordance with the Arbitration Rules of the Netherlands Arbitration Institute then in effect, by one or more arbitrators appointed in accordance with said Rules. The language of arbitration shall be English.
• No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
• Dispute Resolution: Both you and Float Note agree to only bring claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Float Note agree otherwise, no claim may be consolidated or joined with more than one person’s or party’s claims. Unless both you and Float Note agree otherwise, neither party may pursue any claim on a class or other representative basis.
• Limitation Period: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Float Note or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By using Float Note, you agree to abide by this dispute resolution procedure in the event of any dispute between you and Float Note.

Customer Support

Float Note strives to provide timely and effective customer support. Should you encounter any issues or have questions regarding Float Note, feel free to contact our customer support team via email at support@floatnote.com. Our team will endeavor to respond and address your inquiries as soon as possible. While we aim for prompt resolutions, response times may vary depending on the nature of the issue and the volume of inquiries.

Limitation of Liability and Disclaimer of Warranties

Limitation of Liability:

• General Limitation: To the maximum extent permitted by law, in no event shall Float Note, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Float Note.
• Specific Limitation: Float Note's total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Float Note over the 12-month period preceding the date your first claim arose.
• Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Disclaimer of Warranties:

• No Warranties: Float Note is provided "as is" and "as available" without any representation or warranty of any kind, express or implied, as to the service or any content provided on or through Float Note. To the maximum extent permitted by applicable law, Float Note disclaims all warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• No Guarantee of Accuracy: Float Note does not warrant or guarantee the accuracy, completeness, reliability, or timeliness of the content available on or through Float Note. You acknowledge that any reliance on such material or systems will be at your own risk.
• No Guarantee of Availability: Float Note does not guarantee that the service will be available at all times, or that it will be free from errors, viruses, or other harmful components.
• Your Responsibilities: You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the app for the reconstruction of any lost data.

By using Float Note, you acknowledge and agree that Float Note has no liability for any errors or omissions in the service, whether provided by Float Note or third parties.

Indemnification

You agree to indemnify, defend, and hold harmless Float Note, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, from and against any claims, losses, damages, liabilities, and expenses (including, without limitation, reasonable attorney's fees) arising out of or related to:

• Your Use of the Service: Any use of the Float Note service that violates these Terms of Service or any applicable law.
• User Content: The user content you create, share or transmit through Float Note service, including any claims of infringement upon intellectual property rights.
• Third Party Services: Your use of any third-party services accessed through Float Note.
• Violation of Law: Any violation of law or rights of any third party, or any other violation of these Terms.
• Breach of Representations and Warranties: Any breach of representations, warranties, or covenants set forth in these Terms.

Float Note reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Float Note's defense of such claim.

Modifications to the Terms

Float Note reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting the revised version on the Float Note app and website. It is your responsibility to review the Terms of Service periodically for any changes. Your continued use of the Float Note service following the posting of revised Terms of Service indicates your acceptance and agreement to the changes.

• Notification: Significant changes to these Terms will be notified through in-app notifications and/or email.
• Review: The updated Terms will be available on our website. We encourage you to review the Terms periodically to stay informed about our terms and conditions.
• Effective Date: The updated Terms will specify the effective date of the changes, giving you an understanding of when the new terms come into effect.
• Consent: Your continued use of Float Note following the notification of updated Terms constitutes your acknowledgment and consent to abide by the updated terms.
• Previous Versions: We will archive and make available previous versions of our Terms of Service for review, upon request.

If you have any questions or concerns about the changes to our Terms of Service, you can contact us at support@floatnote.com.

Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands. Any disputes arising out of or in connection with these Terms of Service or the use of Float Note will be subject to the exclusive jurisdiction of the courts of Eindhoven, Netherlands.

By using Float Note, you agree to submit to this jurisdiction and waive any objections to such jurisdiction or venue. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.

If you have any questions or concerns regarding the governing law or jurisdiction, you can contact us at support@floatnote.com.

Miscellaneous

• Entire Agreement: These Terms of Service, along with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Float Note regarding your use of the service and supersede all prior agreements, understandings, and communications, whether written or oral.
• Severability: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Service will remain in full force and effect.
• Assignment: You may not assign or transfer these Terms of Service or any of your rights or obligations under these Terms, without our prior written consent. Float Note may assign these Terms of Service without restriction or notification.
• No Waiver: No waiver by Float Note of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Float Note to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
• Notices: Any notices or other communications provided by Float Note under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Float Note app or website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
• Force Majeure: Float Note shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.