Terms of Service: notolens

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Sebastian Graef LLC, operating as notolens (“notolens,” “we,” “us,” or “our”), governing your access to and use of the notolens website, platform, automated scanning systems, dashboards, APIs, and associated services (collectively, the “Service”).

By registering for an account, accessing our website, or purchasing a subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a corporation, partnership, or other legal entity, you represent and warrant that you possess the requisite legal authority to bind that entity to these Terms. If you lack such authority or disagree with any part of these Terms, you must not access or use the Service.

2. Description and Nature of the Service

notolens provides automated brand intelligence and monitoring software designed to detect potential brand conflicts and unauthorized references across domain registries, official trademark registers, and mobile app stores. The Service identifies domain registrations, trademark filings, and app store listings that resemble or incorporate the brand names, marks, and domains configured in your monitors.

The Service includes preliminary assessment indicators, risk scores, record summaries, and possible next steps (action guides) derived from automated heuristics, public records, and algorithmic evaluations. These outputs are provided strictly to assist organizations in prioritizing internal review and brand protection workflows.

3. No Legal Advice or Attorney-Client Relationship

notolens is an automated technology platform, not a law firm or legal service provider. Nothing provided through the Service, including risk scores, severity classifications, similarity assessments, match records, contextual summaries, or possible next steps (including action guides, third-party reporting channels, and dispute procedures), constitutes legal advice, formal trademark clearance, infringement opinions, or recommendations regarding legal strategy.

Possible next steps and action guides are informational only and do not constitute legal advice or procedural guarantees. notolens does not prepare, transmit, or file abuse reports, takedown notices, disputes, oppositions, or legal claims on your behalf. You are solely responsible for evaluating source records, deciding whether to act, drafting your own communications, and consulting qualified intellectual property counsel before initiating any report, dispute, opposition, or legal proceeding.

Use of the Service does not establish an attorney-client relationship between you and notolens or any of our personnel. Automated risk assessments and action guides are informational indicators only and cannot substitute for the advice of qualified intellectual property counsel. You are solely responsible for evaluating match records and seeking independent legal advice before taking any enforcement, administrative, or legal action.

4. Eligibility and Account Responsibilities

To access paid features and continuous monitoring, you must register for an account. In doing so, you agree to:

Provide true, accurate, current, and complete registration information.
Maintain the security and confidentiality of your authentication credentials.
Promptly notify us at mail@notolens.com upon discovering any unauthorized access to or compromise of your account.
Accept sole responsibility for all activities, scans, and configurations conducted through your account credentials.

Accounts may not be shared across unaffiliated organizations. We reserve the right to suspend or terminate accounts that provide deceptive information or compromise platform security.

5. Monitored Brands and Customer Authorizations

When you configure monitors within the Service, you represent and warrant that:

You are the rightful owner of, hold a valid license to, or have legitimate business authorization to monitor the brand names, trademarks, corporate identifiers, and official domains submitted to the Service.
Your monitoring activities are conducted solely for lawful brand protection, intellectual property defense, security monitoring, or domain portfolio management.
You will not configure monitors for the purpose of unlawful surveillance, harassment, competitive defamation, extortion, or the bad-faith registration of lookalike domains or conflicting trademarks (cybersquatting).

We reserve the right, but assume no obligation, to investigate monitor configurations and suspend or terminate any monitor that we reasonably believe violates this section or infringes third-party rights.

6. Acceptable Use and Restrictions

You agree to use the Service strictly in compliance with applicable local, national, and international laws and regulations. You agree that you shall not, directly or indirectly:

Reverse engineer, decompile, disassemble, or attempt to derive the source code, internal algorithms, or proprietary scoring weights of the Service.
Scrape, crawl, extract, harvest, or index data, records, or interfaces from the platform through automated scripts, bots, or unauthorized spiders.
Circumvent, disable, or tamper with security controls, rate limits, access tokens, authentication mechanisms, or multi-tenant boundary protections.
Introduce malicious software, viruses, trojans, worms, or disruptive code into our systems or network infrastructure.
Resell, sublicense, redistribute, lease, or syndicate match records, data feeds, or reports to third parties without our express prior written consent.
Use the Service to build, train, benchmark, or validate a competing software product, service, or dataset.
Interfere with or disrupt the normal operation, integrity, or network availability of the Service or its underlying infrastructure.

7. Third-Party Registries and Public Records

The Service queries, aggregates, and analyzes data published by independent third parties, including domain name registries and registrars, national and regional trademark offices, domain name systems (DNS), and mobile application marketplaces.

notolens does not control, operate, or maintain these third-party sources. Consequently:

We do not guarantee that third-party data is accurate, complete, uninterrupted, or current.
Registry publication cadences, regional office backlogs, and upstream network outages may introduce delays in match detection.
We do not endorse, sponsor, or assume responsibility for content, code, or materials hosted on third-party domains, websites, or applications identified in match records.

8. Subscriptions, Fees, and Payment Terms

Access to continuous monitoring, automated scans, full match records, and daily digest emails requires an active paid subscription.

Billing cycles: Self-serve subscriptions are billed monthly in advance. Custom plans follow the billing terms agreed for them.
Automatic renewal: Your subscription will automatically renew at the conclusion of each billing period unless cancelled prior to the renewal date from the billing page.
Payment authorization: You authorize us (or our authorized third-party payment processor) to charge your designated payment method for all applicable fees, recurring charges, and applicable taxes.
Plan changes: Upgrades and downgrades take effect immediately. The price difference for the remainder of the billing period is prorated and charged or credited on your next invoice. On a downgrade, monitors beyond the new plan’s brand limit are paused and assets beyond its per-brand limits are archived; their existing matches are kept.
Failed payments: If a payment fails, monitoring continues while the payment is retried. If it remains unpaid, monitoring pauses until the outstanding balance is settled.
Cancellation and refunds: You may cancel your subscription at any time from the billing page. Cancellation takes effect at the end of the current paid billing cycle, when monitoring pauses. Unless explicitly required by applicable law, subscription fees are non-refundable and cancellation does not create pro-rata refunds for the remaining period. Credits from prorated plan changes apply only to future invoices.
Fee adjustments: We reserve the right to revise subscription pricing upon reasonable advance notice. Continued use of the Service following the effective date of a price adjustment constitutes agreement to the updated fees.

9. Intellectual Property Rights

Platform ownership: notolens and its licensors retain all right, title, and interest in and to the Service, including all software, source code, user interfaces, scoring algorithms, databases, documentation, logos, and brand features, along with all associated intellectual property rights worldwide. Except for the limited access rights expressly granted herein, no licenses or rights are granted to you by implication or otherwise.

Customer brand assets: You retain full ownership of all pre-existing trademarks, trade names, copyrights, and proprietary assets submitted to the Service. By configuring monitors, you grant notolens a worldwide, non-exclusive, royalty-free license to store, process, analyze, and display your brand names and marks solely to the extent necessary to execute scans, deliver match records, and operate the Service on your behalf.

Feedback: If you provide suggestions, feature requests, or technical feedback regarding the Service, we may use and incorporate such feedback without restriction, attribution, or financial compensation to you.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. NOTOLENS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOTOLENS MAKES NO WARRANTY OR REPRESENTATION THAT:

THE SERVICE WILL MEET YOUR SPECIFIC OPERATIONAL, LEGAL, OR REGULATORY REQUIREMENTS.
THE SERVICE WILL IDENTIFY EVERY CONFLICTING, CONFUSINGLY SIMILAR, OR INFRINGING DOMAIN, TRADEMARK FILING, OR APPLICATION.
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE.
ANY RISK SCORE, CLASSIFICATION, MATCH SUMMARY, OR POSSIBLE NEXT STEP WILL REFLECT A FORMAL JUDICIAL, REGISTRAR, OR ADMINISTRATIVE DETERMINATION.
ANY POSSIBLE NEXT STEP, REPORTING CHANNEL, OR DISPUTE PROCEDURE WILL RESULT IN SUSPENSION, TAKEDOWN, TRANSFER, OR FAVORABLE OUTCOME.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTOLENS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, LEGAL COSTS, OR ENFORCEMENT EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NOTOLENS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO NOTOLENS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless notolens, its affiliates, directors, officers, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your access to or use of the Service.
Your violation of these Terms or applicable law.
Any dispute, trademark infringement claim, or unfair competition claim arising from brand names, marks, or keywords configured in your monitors.
Any enforcement action, abuse report, takedown request, dispute, opposition, cease-and-desist communication, or litigation initiated by you against third parties relying on data, match records, or possible next steps obtained from the Service.

13. Term, Suspension, and Termination

These Terms remain in effect until terminated by either party in accordance with this section.

Termination by customer: You may terminate your account and these Terms at any time by cancelling your subscription from the billing page and deleting your account from your account settings.
Suspension or termination by notolens: We may suspend or terminate your access to the Service immediately, without prior notice, if we reasonably determine that: (i) you have breached these Terms; (ii) your use poses a security risk to the Service or other customers; (iii) your account is delinquent in payment; or (iv) we are required to do so by applicable law or regulatory authority.
Survival: Sections 2, 3, 6, 7, 9, 10, 11, 12, 14, 16, and 17 shall survive any expiration or termination of these Terms.

14. Dispute Resolution and Governing Law

These Terms and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, United States, without giving effect to any choice or conflict of law provision or rule.

Informal negotiation: Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute, claim, or controversy through informal negotiation. A party seeking dispute resolution must send written notice detailing the dispute to the other party. The parties shall negotiate in good faith for a period of thirty (30) days following receipt of notice.

Jurisdiction and venue: If an informal resolution cannot be reached within thirty (30) days, any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in the State of Florida. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.

Class action waiver: YOU AND NOTOLENS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15. Modifications to Terms

We reserve the right to update, modify, or replace these Terms from time to time to reflect changes in our service capabilities, legal requirements, or business practices. When revisions occur, we will update the “Last updated” date at the top of this page.

For material modifications, we will provide reasonable advance notice via an account notification, email communication, or a prominent platform announcement. Your continued use of the Service following the effective date of any revised Terms constitutes your binding acceptance of the updated terms. If you do not agree to the updated Terms, you must discontinue using the Service.

16. General Provisions

Entire agreement: These Terms, together with our Privacy Policy, constitute the complete and exclusive understanding between you and notolens regarding the Service, superseding all prior oral or written agreements or communications.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Waiver: No failure or delay by notolens in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Force majeure: notolens shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, telecommunications outages, labor disputes, cyberattacks, or government actions.

17. Contact and Legal Notices

For questions, feedback, or legal notices concerning these Terms of Service, please contact Sebastian Graef LLC at mail@notolens.com.