Terms & Conditions of Use
Last updated 1 March 2025
1. About the Application
(a) Welcome to Hootnotes (Application). The Application is an app and web service enabling users to take digital notes, manage content and collaborate (Services).
(b) The Application is operated by Snowy Owl Networks Pty Ltd (ACN 674 683 839). Access to and use of the Application, or any of its associated Products or Services, is provided by Snowy Owl Networks Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately. These Terms apply to all uses of the Application and any associated Services.
(c) Snowy Owl Networks Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Snowy Owl Networks Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) These Terms are between Snowy Owl Networks Pty Ltd and you only. Snowy Owl Networks Pty Ltd and not the Store (defined below) is solely responsible for the content and operation of the Application.
2. Definition of Store
For the purposes of these Terms, “Store” refers collectively to the Apple App Store, Google Play Store, Microsoft Store, and any other digital distribution platform or stores controlled or operated by these entities or their subsidiaries through which the Application is made available for download. This term also extends to any other third-party digital platform where the Application may be distributed and accessed by users.
3. Acceptance of the Terms
You accept the Terms by remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Snowy Owl Networks Pty Ltd in the user interface.
4. Eligibility and Age Requirement
(a) You may not access or use Hootnotes if you are considered a child under the laws of your country, unless your use is directly authorised by a parent, guardian, or another authorised adult (such as a teacher) who agrees to be bound by these Terms.
(b) For the purposes of these Terms, a child is anyone under 13 years old or the minimum legal age required to provide consent for processing of personal data in your country, whichever is higher.
(c) Snowy Owl Networks Pty Ltd does not independently verify parental, guardian, or teacher authorisation. By allowing a child to use Hootnotes, the responsible adult agrees to supervise the child’s use and assumes all liability for their activities on the platform.
(d) If Snowy Owl Networks Pty Ltd becomes aware that a child has created an account without appropriate authorisation, the account may be suspended or terminated.
5. Service Levels (Free, Paid, and Trial Accounts)
(a) Account Types. Hootnotes offers different types of accounts:
(i) Free Accounts: Users with Free Accounts have access to a limited set of features as described on the Hootnotes website.
(ii) Paid Accounts: Users with Paid Accounts have access to additional features as described on the Hootnotes website. Snowy Owl Networks Pty Ltd may modify, add, or remove features for either account type at its sole discretion.
(b) Free Trials.
(i) Snowy Owl Networks Pty Ltd may offer free trials of certain Paid Account features or services on a limited, non-exclusive, non-transferable, and revocable basis solely for evaluation purposes.
(ii) Free trial access does not guarantee continued availability of any features, and Snowy Owl Networks Pty Ltd reserves the right to modify or terminate any free trial at any time, at its sole discretion, without obligation to the user.
(iii) At the end of a free trial period, continued use of Paid Account features may require an active subscription.
(c) Upgrades, Downgrades and Billing.
(i) Users may upgrade from a Free Account to a Paid Account at any time.
(ii) Downgrading or canceling a Paid Account may result in the loss of access to premium features.
(iii) Subscription fees, billing terms, and any applicable refunds for Paid Accounts are governed by Section 12 (Payment) and Section 13 (Refund Policy).
6. Guest Users
(a) A Guest User is an individual who accesses content on Hootnotes via a shared link without registering for an account.
(b) Guest Users have view-only access to shared content and cannot create, modify, or store content within the Application.
(c) By accessing Hootnotes as a Guest User, you agree to be bound by these Terms of Use.
(d) Snowy Owl Networks Pty Ltd is not responsible for any content displayed to Guest Users, nor for any actions taken by them while viewing shared content.
(e) Guest Users may be subject to limited data collection for security, analytics, and operational purposes, as outlined in the Privacy Policy.
7. Registration to use the Services
(a) In order to access the Services, you must first register for an account through the Application (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
ii) Preferred username
(iii) Password
(c) You warrant that any information you give to Snowy Owl Networks Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Snowy Owl Networks Pty Ltd; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
8. Account Security
(a) You are responsible for maintaining the security of your Hootnotes account, including protecting your password and any authentication methods used to access the Service.
(b) Hootnotes provides security features to assist you in protecting your account, but you are solely responsible for any activity that occurs under your account, including content posted or modified by others who have access to it.
(c) Snowy Owl Networks Pty Ltd is not liable for any loss, damage, or unauthorized access resulting from your failure to secure your account credentials.
(d) If you share access to your content with others, you acknowledge that they may have the ability to view, modify, or delete your content, depending on the access permissions you set. Hootnotes does not guarantee content recovery if it is deleted by another user. If shared content is deleted, altered, or modified, Hootnotes is not responsible for restoring lost data.
(e) You are responsible for managing your sharing permissions and ensuring that only trusted individuals have access to your data. If you suspect unauthorized access or deletion of content, you should revoke sharing permissions immediately and contact Hootnotes support.
(f) If you become aware of any unauthorized access to your account, including misuse of your password, unauthorized modifications, or deletion of content, you must promptly notify Snowy Owl Networks Pty Ltd so that appropriate action can be taken. You may also immediately revoke access to some or all of your content within Hootnotes by using the available in-app security and sharing controls.
9. Early Access Program & Data Loss Notice
(a) If you are an early access user of Hootnotes, you acknowledge that you are using a pre-release version of the Application with limited functionality.
(b) Snowy Owl Networks Pty Ltd does not guarantee that any content created during the early access period will be retained. You are solely responsible for backing up your data before the transition. We will notify you at least 7 days before transitioning to the full version, but failure to back up your data is at your own risk.
(c) By participating in the early access program, you understand that some features may not be available initially but will be included in the full release.
(d) Early access users will receive an initial three-month access to Hootnotes. Users who complete a survey provided by Snowy Owl Networks Pty Ltd, or who are otherwise selected at the company's discretion, may be granted an extended access period of up to 12 months, including all features that become available during that time.
10. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Snowy Owl Networks Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Application is limited, non-transferable and allows for the use on any products that you own or control, as permitted by the Store’s usage rules set forth in its terms and conditions. This Application may also be accessed by other accounts associated with you through family sharing or volume purchasing arrangements, where applicable.
(v) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Snowy Owl Networks Pty Ltd;
(vi) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Snowy Owl Networks Pty Ltd for any illegal or unauthorised use of the Application; and
(viii) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
(ix) You agree to comply with any applicable third-party terms of agreement when using the Application, including, for example, your wireless data
service agreement when using a VoIP application.
(x) You represent and warrant that:
(A) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a ‘terrorist supporting’ country, and
(B) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. User-Generated Content and Prohibited Use
(a) Responsibility for Content.
(i) Snowy Owl Networks Pty Ltd allows users to create, store, and share content. You are solely responsible for any content you generate, upload, or share within the Application, including its accuracy, legality, and appropriateness.
(ii) Snowy Owl Networks Pty Ltd does not claim ownership of user-generated content, but you grant Snowy Owl Networks Pty Ltd a non-exclusive, worldwide, royalty-free license to host, store, and display such content solely for the purpose of providing the Services.
(b) Prohibited Content. By using Hootnotes, you agree not to upload, share, or distribute any content that:
(i) Violates any applicable laws or regulations in your jurisdiction.
(ii) Is fraudulent, defamatory, obscene, hateful, threatening, harassing, or otherwise objectionable.
(iii) Infringes on intellectual property rights, privacy rights, or other legal rights of any party.
(iv) Spreads malware, spam, or harmful software.
(v) Encourages violence, discrimination, or illegal activity.
(c) Prohibited Uses. You must not use Hootnotes for any unlawful, unethical, or unauthorized purposes, including but not limited to:
(i) Engaging in fraud, hacking, phishing, or deceptive practices.
(ii) Violating the terms of third-party services integrated with Hootnotes.
(iii) Disrupting, overloading, or interfering with the Application’s operation or security.
(d) Content Review & Enforcement
(i) Snowy Owl Networks Pty Ltd does not actively monitor user-generated content but reserves the right to review content flagged as violating these Terms.
(ii) If your content is reported, Snowy Owl Networks Pty Ltd may:
• Investigate and determine whether it violates these Terms.
• Restrict, suspend, or terminate your account if a violation is found.
• Report suspected illegal activity to law enforcement or regulatory authorities, if required by law.
• Respond to valid content removal requests, including defamation claims, copyright takedown notices, or privacy concerns.
(e) No Liability for User Content. Snowy Owl Networks Pty Ltd is not liable for any content posted by users. If you believe your rights have been violated by user-generated content, you should report it through our support channels.
12. Payments and Refunds
(a) Payment Terms
(i) All payments for Hootnotes Services are processed through third-party payment providers (e.g., Apple App Store, Google Play Store).
(ii) By making a payment, you agree to the payment provider's terms and conditions, which govern billing, renewals, and refunds.
(iii) If a payment request is denied or remains unpaid, you may be charged additional fees (including banking fees and charges).
(b) Subscription Fees & Changes
(i) Snowy Owl Networks Pty Ltd may modify subscription fees at any time. Any changes will apply from the next billing cycle unless otherwise stated.
(ii) Continued use of Paid Account features requires an active subscription.
(c) Refund Policy
(i) Refund requests must be submitted through the original payment provider (e.g., Apple App Store, Google Play Store), unless otherwise stated by Snowy Owl Networks Pty Ltd.
(ii) If a refund is granted by the payment provider, it will be processed according to their policies and timelines.
(iii) Snowy Owl Networks Pty Ltd does not provide additional refunds beyond what is required under Australian Consumer Law or other applicable consumer protection laws.
13. Copyright and Intellectual Property
(a) The Application, the Services and all of the related products of Snowy Owl Networks Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Snowy Owl Networks Pty Ltd or its contributors. Except as expressly provided in these Terms, no license or rights to use are granted, implied or otherwise, under any intellectual property rights of Snowy Owl Networks Pty Ltd.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Snowy Owl Networks Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Application pursuant to the Terms;
(ii) copy and store the Application and the material contained in the Application in your device's cache memory; and
(iii) print pages from the Application for your own personal and non-commercial use.
Snowy Owl Networks Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Snowy Owl Networks Pty Ltd.
(c) Snowy Owl Networks Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or
process), to you.
(d) You may not, without the prior written permission of Snowy Owl Networks Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
(e) In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Snowy Owl Networks Pty Ltd, not the Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
14. Privacy
Snowy Owl Networks Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Snowy Owl Networks Pty Ltd's Privacy Policy, which is available from the Application and website hootnotes.io.
15. Compliance with Global Regulations
(a) Snowy Owl Networks Pty Ltd complies with applicable data protection and consumer laws, including the Australian Privacy Act 1988 (Cth), the EU General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA), and other relevant international regulations.
(b) If you are located in a jurisdiction with additional legal requirements, you are responsible for ensuring your use of Hootnotes complies with local laws.
(c) AI & Automated Features:
(i) If Hootnotes provides you with AI-powered tools, you acknowledge that AI-generated content is automated and may not always be accurate, reliable, or free from bias. AI-generated outputs may be stored as part of user data and processed in accordance with our Privacy Policy. Hootnotes may use anonymized AI interactions to improve our automated tools, but we do not use AI to make binding decisions. You are responsible for reviewing, verifying, and modifying AI-generated content before use, and Hootnotes disclaims all liability for any decisions, outcomes, or consequences resulting from AI-generated content.
(ii) AI-based features may be subject to additional terms outlined in the Privacy Policy.
(d) Snowy Owl Networks Pty Ltd may update these Terms or the Privacy Policy from time to time to reflect changes in legal or regulatory requirements, and will notify users where required by law.
16. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Snowy Owl Networks Pty Ltd is solely responsible for providing any maintenance and support services related to this Application. Snowy Owl Networks Pty Ltd and you acknowledge that the Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(c) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Snowy Owl Networks Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(d) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Snowy Owl Networks Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Snowy Owl Networks Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party
material
and advertisements on the Application);
(iii) costs incurred as a result of you using the Application, the Services or any of the products of Snowy Owl Networks Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.
17. Limitation of liability
(a) To the maximum extent permitted by law, Snowy Owl Networks Pty Ltd’s total liability arising out of or in connection with the Services, including contract, tort (including negligence), or statute, shall not exceed the total amount paid by you (if any) in the past 12 months for the Services. If no payment has been made, liability is limited to the re-supply of the Services.
(b) You expressly understand and agree that Snowy Owl Networks Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You also understand and agree that the Store is not responsible for addressing any claims you or a third party may have relating to the Application or your possession and/or use of the Application, including but not limited to:
(i) product liability claims,
(ii) any claim that the Application fails to conform to applicable legal or regulatory requirements, and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of HealthKit and HomeKit frameworks.
18. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Snowy Owl Networks Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Snowy Owl Networks Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
19. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Snowy Owl Networks Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Snowy Owl Networks Pty Ltd with 14 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Snowy Owl Networks Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Snowy Owl Networks Pty Ltd via the 'Contact Us' link on our homepage or via email at contact@hootnotes.io. You may also send mail to Snowy Owl Networks Pty Ltd at this address:
Snowy Owl Networks Pty Ltd
Ground Floor
470 St Kilda Road
Melbourne Vic 3004
Australia.
(c) Snowy Owl Networks Pty Ltd may, at any time and in its sole discretion, suspend or terminate your account if:
(i) You have violated these Terms, engaged in illegal or unauthorized activities, or caused harm to Snowy Owl Networks Pty Ltd, its users, or third parties;
(ii) Snowy Owl Networks Pty Ltd is required to do so by law, including regulatory changes or legal orders;
(iii) The provision of the Services is no longer commercially viable, and we provide reasonable notice where possible.
(d) Subject to local applicable laws, Snowy Owl Networks Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Snowy Owl Networks Pty Ltd's name or reputation or violates the rights of those of another party.
(e) You and Snowy Owl Networks Pty Ltd acknowledge and agree that the Store, and its subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of them, the Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(f) Inactive Account Deletion. If your account remains inactive for a continuous period of 12 months, Hootnotes reserves the right to terminate your account and permanently delete associated data, as described in our Privacy Policy. Before account deletion, Hootnotes will attempt to notify you at least 30 days in advance via your registered email, allowing you to log in and prevent deletion. Certain non-personal, anonymized data may be retained for security, analytics, or compliance reasons, even after account deletion.
20. Indemnity
You agree to indemnify Snowy Owl Networks Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
21. Dispute Resolution
21.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
21.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
21.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
21.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
21.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
22. Venue and Jurisdiction
The Services offered by Snowy Owl Networks Pty Ltd are intended for users in Australia and overseas. All users, regardless of location, agree that these Terms are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
23. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
24. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
25. Open Source Licences
Hootnotes uses a range of open source software. Click below to view all open source licences used.