Terms of Use
These Terms of Use (the “Terms”) govern your access and use of the Blink Notes mobile application (the “App”), owned and operated by Main and 38th LLC (“Company,” “we,” “us,” or “our”). By downloading, installing, accessing, or using Blink Notes, you (“User” or “you”) agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use immediately.
1. ELIGIBILITY AND AGE RESTRICTIONS
• Blink Notes is designed for general audiences, but is not intended for use by children under the age required by local law to provide valid consent. By using the App, you represent that you meet the minimum age requirements in your country or have obtained any necessary parental/guardian consent.
• We do not knowingly solicit personal data from children under these minimum age requirements without appropriate consent.
2. ACCOUNT REGISTRATION
• You may create an account using Apple Sign-In or by providing a valid phone number. When using Apple Sign-In, the email address may be anonymized at your discretion.
• You agree that the information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
3. APP FUNCTIONALITY
• 24-Hour Notes: Each note you create has a 24-hour timer. Once the timer expires, the note is sent to the trash bin and can no longer be read or edited.
• Extending Notes: You can reset the timer on any note before it expires, which keeps it active for an additional 24 hours.
• Trash Bin and Permanent Deletion: If a note is sent to the trash bin, you have up to three (3) days (72 hours) to request restoration. After that period, the note is permanently deleted and cannot be recovered under any circumstances.
• Restoration Fee: You may restore a trashed note by paying a non-refundable fee of US$0.99 (or equivalent in local currency). All transactions are handled through Apple’s in-app purchase system (and integrated third-party services such as RevenueCat); no payment information is stored by us. There are no refunds for restored notes—no exceptions.
• Case-by-Case Support: Under rare circumstances and at our sole discretion, we may assist in reactivating a note if the request is made within the three-day (72-hour) self-deletion window. However, we make no guarantees that such restoration is possible.
• No Liability for Deletions: You acknowledge and agree that it is your responsibility to manage your notes within the App. We are not liable for any loss of data due to the App’s automatic note deletion functionality or any actions you take (or fail to take).
4. USER CONTENT
• User Responsibility: All content you create, store, or transmit within the App is your sole responsibility. You retain all ownership rights to your content. By using the App, you agree that you have the rights to any material you submit and that it does not violate any law or infringe upon any third-party rights.
• Prohibited Content: You agree not to use the App to create, store, transmit, or share content that is unlawful, hateful, defamatory, pornographic, harassing, or otherwise objectionable. You also agree to refrain from using the App for spamming or any criminal activity.
• Intellectual Property Takedowns: We will remove or disable access to user-generated content upon proper notification of claimed infringement in accordance with applicable law.
5. LICENSE AND APP USAGE
• License: We grant you a non-exclusive, non-transferable, revocable license to use the App solely for personal note-taking purposes in compliance with these Terms.
• Restrictions: You may not reverse-engineer, decompile, resell, or copy any portion of the App. We reserve all rights not expressly granted in these Terms.
6. PAYMENTS AND IN-APP PURCHASES
• All payments (e.g., the $0.99 restoration fee) are processed via Apple’s in-app purchase system. We do not store or process your credit/debit card information. Any fees charged are non-refundable.
• You are responsible for any applicable taxes or fees associated with these transactions.
7. DISCLAIMER OF WARRANTIES
• No Warranty: The App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• No Guarantee of Availability: We do not guarantee that the App will be available at all times or that it will be free of errors, defects, or security vulnerabilities.
8. LIMITATION OF LIABILITY
• To the fullest extent permitted by law, neither Main and 38th LLC nor its owners, officers, employees, or agents shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use of, or inability to use, the App (including but not limited to data loss, note deletion, downtime, or business interruption).
• By using the App, you agree to release and hold Main and 38th LLC and its representatives harmless from any claims, damages, or demands of any kind arising out of your use of the App.
9. INDEMNIFICATION
• You agree to defend, indemnify, and hold harmless Main and 38th LLC, its owners, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.
10. DISPUTE RESOLUTION
• You agree that any and all disputes, claims, or causes of action arising out of or in connection with the App or these Terms shall be resolved individually, without resort to any form of class action.
• Jurisdiction and Venue: These Terms and any dispute or claim shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California.
11. MODIFICATIONS AND TERMINATION
• We reserve the right to modify these Terms at any time. When we do, we will post the revised Terms in the App or its official website (if one exists), and indicate the “Last Updated” date.
• Continued use of the App after any such changes shall constitute your consent to the updated Terms.
• We may terminate or suspend your access to the App or your account at any time, with or without notice, if you violate these Terms or if we decide to discontinue offering the App.
12. CONTACT INFORMATION
• For any questions, legal notices, or inquiries regarding these Terms, you may contact us at:
Main and 38th LLC
Attn: Legal
1136 W 6th St., #73
Los Angeles, CA 90017
Phone: +1 (732) 991-8203
Email: legal@mainand38th.com
13. SEVERABILITY
• If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
14. ENTIRE AGREEMENT
• These Terms constitute the entire agreement between you and Main and 38th LLC regarding your use of the App and supersede all prior agreements and understandings.
By creating an account or otherwise using Blink Notes, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Last updated: January 3, 2025