Terms of use

Last Updated: October 24, 2023

These Hidynotes Terms of Use explain the relationship between Hidynotes (“Hidy”) a company registered in the Western Sydney Start-up Hub at 5 Fleet Street, North Parramatta Heritage Precinct, Sydney, 2151, Australia; and you when you access and use Hidynotes.com and its related domains and browser extensions.

Throughout this Hidynotes terms of use (“Terms of Use”), when we write “Hidynotes” or «we» or «us», we’re referring to Hidynotes (“Hidy”). You agree to be bound by these Terms of Use by using Hidynotes.com (“Site”), by Hidynotes browser extension, Trello Power-Up, Hidynotes web app or Hidynotes mobile app (“Service”).

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, COOKIES POLICY, FORM AN AGREEMENT BETWEEN YOU AND HIDYNOTES. BY USING THE HIDYNOTES SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE HIDYNOTES SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND RSOFTWARE AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.

Description of Service

Hidynotes is a privacy notes section for Trello to visually hide your private notes, images and or data from other team members on the board where appropriate.

General Conditions

  1. By completing the registration process for Site and/or Service, you agree with the terms and conditions of this Terms. You agree to provide Hidynotes with accurate and complete registration information and to promptly notify our support team at [email protected] in the event of any changes to any such information.

  2. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

  3. Support for Site and Service is available in English, only via email.

  4. You understand that Hidynotes uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

  5. You must not modify, adapt or hack the Site and/or Service or modify another website so as to falsely imply that it is associated with the Site and/or Service.

  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site and/or Service, use of the, or access to the Site and/or Service without the express written permission by Hidynotes.

  7. We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hidynotes customer, employee, member, or officer will result in immediate account termination.

  9. You must not upload, post, host, or transmit unsolicited email, or "spam" messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. Hidynotes does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

  12. You expressly understand and agree that Hidynotes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hidynotes has been advised of the possibility of such damages).

  13. The failure of Hidynotes to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

  14. Accounts registered by “bots” or other automated methods are not permitted. Hidynotes cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

  15. You may use all of the free features of Hidynotes free of charge. Using features that are not free of charge as a “ENTERPRISE” and “PRO” user may incur charges.

Security

Hidynotes shall process all personal data in the strictest confidentiality and implement the appropriate technical and organizational measures as required by applicable regulations. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of the Information you transmit to us, including Personal; accordingly, you acknowledge that you do so at your own risk. If Hidynotes finds out about a security system breach, we notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on the Site. More information about our security policies and technologies can be found here.

Payment, Refunds, Upgrading and Downgrading Terms

Certain features are only accessible to users who have registered as “ENTERPRISE” and “PRO” users and who pay for ENTERPRISE and PRO plans. You will find all the benefits and features of Hidynotes ENTERPRISE and PRO plans on our products page https://www.hidynotes.com/product

  1. A valid payment method via our payment merchant Stripe is required for Hidynotes non-free users. Free users are not required to provide any payment info or use any payment service.

  2. Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle. As long as your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.

  3. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).

  4. If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to block access to your Hidynotes ENTERPRISE or PRO plans.

  5. Downgrading your Service may cause the loss of content, features, or capacity of the Service. Hidynotes does not accept any liability for such loss.

Our order process is conducted by our online reseller Stripe. Stripe.com is the Merchant of Record for all our orders. Stripe provides all customer service inquiries and handles returns.

Cancellation and Termination

Because of situations beyond the control of Hidynotes, Hidynotes, in its sole discretion, has the right to suspend or terminate your Hidynotes account and refuse any and all current or future use of the Service, or any other Hidynotes Service, for any reason at any time. Such termination of the Service will result in the deactivation of your account and cancellation of any existing subscription. Hidynotes reserves the right to refuse service to anyone for any reason at any time. Following a termination pursuant to the foregoing sentence, Hidynotes shall refund the pro rata portion of any Prices relating to the remaining term, as applicable.

Modifications to the Service and Prices

  1. Hidynotes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

  2. Prices of all Services are subject to change. Changes will be displayed on the Site and/or Service itself

  3. Hidynotes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute Site and/or Service or any elements, portions, or parts thereof, including without limitation, to any elements, portions, or parts of Service software (in any form or media) without Hidynotes prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on Hidynotes different Services.

  2. The look and feel of the Service is copyright ©Hidynotes. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Hidynotes.

  3. If Hidynotes discovers that you have used its copyrighted or other protected intellectual property in contravention of the terms described above, Hidynotes may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs.

Interruption of service

Hidynotes may, from time to time, need to interrupt Site or Service itself for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Hidynotes and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.

Disputes

If there is any dispute about or involving Hidynotes, Site or Service, you agree that the dispute shall be governed by the Australian laws, without regard to conflict of law provisions and you agree to the exclusive Australian personal jurisdiction. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by Hidynotes. These Terms of Use and any and all other online policies and agreements promulgated by Hidynotes, including without limitation Data Processing Addendum (“DPA”) constitute the entire agreement between Hidynotes and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.. The failure of Hidynotes to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Use.

Responsibility for Content

Hidynotes accepts no responsibility for texts, content, images, data and/or information uploaded by you or other Hidynotes users.

Hidynotes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hidynotes of the site. Use of any such linked website is at the user's own risk.

Changes to Terms of Use

Hidynotes reserves the right to change or revise these Terms of Use at any time by posting any changes or revised Terms of Use on this website, Hidynotes.com at any time and in its sole discretion. By using this Site you are agreeing to be bound by the then-current version of these terms of use.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location, except in cases related to the use of GDPR and CCPA.