Last update: February 4, 2022
These Terms govern •
the use of LaunchNotes, and, •
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
LaunchNotes is provided by:
Shiny Planes, Inc - 340 S LEMON AVE #3304 Walnut CA 91789 United States
Owner contact email:
"LaunchNotes" refers to: •
this website, including its subdomains and any other website through which the Owner makes its Service available;•
applications for mobile, tablet and other smart device systems;•
the Application Program Interfaces (API);•
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
The following documents are incorporated by reference into these Terms:•
Publicity rights. We may identify you as a LaunchNotes customer in our promotional materials. We will promptly stop doing so upon your request sent to email@example.com.•
Powered by LaunchNotes. Customer and/or Third Parties are obliged to use “Powered by LaunchNotes” logo for all Designated Applications, packaging, internet, advertising, initial splash screen and related LaunchNotes marketing material of Customer’s Designated Applications, or in the accompanying documentation.•
By agreeing to our Terms of Service, you are also agreeing to our Data Processing Agreement: https://www.launchnotes.com/data-processing-agreementWhat the User should know at a glance•
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.•
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using LaunchNotes, Users confirm to meet the following requirements:•
There are no restrictions for Users in terms of being Consumers or Business Users;Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by LaunchNotes.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.Conditions for account registration
Registration of User accounts on LaunchNotes is subject to the conditions outlined below. By registering, Users agree to meet such conditions.•
Accounts registered by bots or any other automated methods are not permitted.•
Unless otherwise specified, each User must register only one account.•
Unless explicitly permitted, a User account may not be shared with other persons.Account termination
Users can terminate their account and stop using the Service at any time by doing the following:•
By using the tools provided for account termination on LaunchNotes.•
By directly contacting the Owner at the contact details provided in this document.Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.Content on LaunchNotes
Unless where otherwise specified or clearly recognizable, all content available on LaunchNotes is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on LaunchNotes infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.Rights regarding content on LaunchNotes - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on LaunchNotes, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on LaunchNotes, the User may download, copy and/or share some content available through LaunchNotes for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.Content provided by Users
The Owner allows Users to upload, share or provide their own content to LaunchNotes.
By providing content to LaunchNotes, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on LaunchNotes they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of LaunchNotes as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to LaunchNotes.
Users acknowledge, accept and confirm that all content they provide through LaunchNotes is provided subject to the same general conditions set forth for content on LaunchNotes.Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through LaunchNotes. Users acknowledge and accept that the Owner does not filter or moderate such content
. However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to LaunchNotes:•
if any complaint based on such content is received;•
if a notice of infringement of intellectual property rights is received;•
upon order of a public authority; or•
where the Owner is made aware that the content, while being accessible via LaunchNotes, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through LaunchNotes.Access to provided content
Content that Users provide to LaunchNotes is made available according to the criteria outlined within this section.Private content
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.Content for determined audiences
Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.
No personal data, identifier or any other information related to Users, except for a pseudonym of their choice (such as a nickname or avatar) shall appear in connection with the content, unless Users decide otherwise on their own initiative.
Users may (and are encouraged to) check on LaunchNotes to find details of who can access the content they provide.Access to external resources
Through LaunchNotes Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.Acceptable use
LaunchNotes and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of LaunchNotes and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to LaunchNotes or the Service, terminating contracts, reporting any misconduct performed through LaunchNotes or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:Conduct restrictions•
pretending to fulfill any possible condition or requirements for accessing LaunchNotes and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;•
concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;•
manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;•
defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;•
promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behavior on LaunchNotes;•
probing, scanning or testing the vulnerability of LaunchNotes, including the services or any network connected to the website, nor breaching the security or authentication measures on LaunchNotes, including the services or any network connected to LaunchNotes;•
installing, embedding, uploading or otherwise incorporating any malware into or via LaunchNotes;•
using LaunchNotes or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);•
attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on LaunchNotes or the Service;Excessive use of the Service•
using a resource of LaunchNotes excessively in relation to other Users of LaunchNotes – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;Excessive use of the API•
sending abusive or excessively frequent requests to the Service via the API. The Owner will determine what constitutes abuse or excessive usage of the API and additionally reserves the right to temporarily or permanently suspend access to the API by the User. In such cases, the Owner will make a reasonable attempt to alert the User prior to suspension;Scraping
adopting any automated process to extract, harvest or scrape information, data and/or content from LaunchNotes and all the digital properties thereto related unless where explicitly allowed to do so by the Owner;Content restrictions
disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;•
publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;•
disseminating or publishing any content that is false or may create unjustified alarm;•
using LaunchNotes to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;•
using LaunchNotes to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;•
publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of LaunchNotes or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to LaunchNotes are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of LaunchNotes and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.API usage terms
Users may access their data relating to LaunchNotes via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses LaunchNotes, is bound by these Terms and, in addition, by the following specific terms:•
the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.TERMS AND CONDITIONS OF SALEPaid Products
Some of the Products provided on LaunchNotes, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of LaunchNotes.Product description
Prices, descriptions or availability of Products are outlined in the respective sections of LaunchNotes and are subject to change without notice.
While Products on LaunchNotes are presented with the greatest accuracy technically possible, representation on LaunchNotes through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:•
Users must choose the desired Product and verify their purchase selection.•
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.Order submission
When the User submits an order, the following applies:•
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.•
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.•
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on LaunchNotes are displayed:•
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of LaunchNotes.
Offers and discounts are always granted at the Owner’s sole discretion.Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:•
Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;•
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;•
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;•
A Coupon cannot be applied cumulatively;•
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;•
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;•
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of LaunchNotes.
All payments are independently processed through third-party services. Therefore, LaunchNotes does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.Delivery
Performance of services
The purchased service shall be performed or made available within the timeframe specified on LaunchNotes or as communicated before the order submission.Contract duration
Users have the option to test LaunchNotes or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of LaunchNotes may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on LaunchNotes.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by the Owner.In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 1 days after the notice of termination has been received by the Owner.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?• Regarding the purchase of a service
, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement...on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.Common provisions
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).Service reselling
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to LaunchNotes are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with LaunchNotes are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.Contacts
All communications relating to the use of LaunchNotes must be sent using the contact information stated in this document.Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of LaunchNotes or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link
.Definitions and legal references
LaunchNotes (or this Application)
The property that enables the provision of the Service.Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.Business User
Any User that does not qualify as a Consumer.Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.Example withdrawal form
Shiny Planes, Inc - 340 S LEMON AVE #3304 Walnut CA 91789 United States
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:_______________________________________________________
(insert a description of the goods/services that are subject to the respective withdrawal)
• Ordered on: _______________________________________ (insert the date)
• Received on: _______________________________________ (insert the date)
• Name of consumer(s):____________________________________________
• Address of consumer(s):___________________________________________
• Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides LaunchNotes and/or the Service to Users.Product
A good or service available for purchase through LaunchNotes, such as e.g. physical goods, digital files, software, booking services etc.The sale of Products may be part of the Service.Service
The service provided by LaunchNotes as described in these Terms and on LaunchNotes.Terms
All provisions applicable to the use of LaunchNotes and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.User (or You)
Indicates any natural person or legal entity using LaunchNotes.Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.