Note Dash Terms of Use
Last updated: March 2026
1. Acceptance of these Terms
These Terms of Use (“Terms”) govern your access to and use of the Note Dash browser-based web application and related services (the “App”). The App is operated by Top Clef Publishing (“we,” “us,” or “our”). By accessing or using the App, you agree to these Terms. If you do not agree, do not use the App.
If you are using the App on behalf of an organization (for example, a school), you represent that you have authority to bind that organization, and “you” includes the organization.
2. Changes to the App or these Terms
We may update the App and these Terms from time to time. We will update the “Last updated” date above when we make changes. Your continued use of the App after changes become effective means you accept the updated Terms.
3. Eligibility and children
THE APP IS NOT DIRECTED TO CHILDREN UNDER 13 AND IS NOT INTENDED FOR USE BY CHILDREN UNDER 13.
If you are under 13, do not use the App. By using the App, you represent that you are at least 13 years old.
If you believe a child under 13 has used the App or provided personal data to us, contact us at [email protected] so we can take appropriate steps, including deletion where appropriate.
4. The App and permitted use
The App provides interactive note-reading games and related educational features. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for personal, non-commercial educational purposes.
We may update, modify, suspend, or discontinue any part of the App at any time, including gameplay limits, features, and availability.
5. Intellectual property
The App and all related content and materials, including text, graphics, artwork, trademarks, and software (collectively, the “Content”), are owned by Top Clef or its licensors and are protected by intellectual property laws.
NOTEBUSTERS is a registered trademark of Top Clef Publishing. NOTE DASH is a trademark of Top Clef Publishing. You may not use our trademarks without our prior written permission.
Except for the limited license granted above, we reserve all rights in the App and Content. You may not copy, reproduce, distribute, publicly display, sell, license, rent, lease, or create derivative works from the App or Content without our written permission.
6. Prohibited conduct and anti-abuse rules
You agree not to, and not to assist others to:
· Bypass, disable, or interfere with usage limits, rate limits, or anti-abuse controls (including by repeatedly clearing cookies, using automated tooling, or using VPN or proxy rotation to evade controls).
· Use bots, scripts, scraping, or other automated methods to access the App or generate gameplay at scale.
· Attempt to access non-public areas, administrative features, export endpoints, or data without authorization.
· Probe, scan, or test the vulnerability of the App, or attempt to circumvent security or authentication measures.
· Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas of the App (except to the extent such restriction is prohibited by law).
· Use the App in a way that could damage, disable, overburden, or impair the App or interfere with others’ use.
We may implement technical controls to enforce these rules, but you acknowledge that no control is perfect and we may not detect or prevent every misuse.
7. Usage limits
We may set gameplay limits and rate limits to help keep the App available, secure, and fair for all users and to prevent abuse. Limits may change over time and may be applied per device, browser, session, cookie identifier, or other technical signals (including pseudonymous identifiers). We do not guarantee that any limit will be enforced in every situation.
8. Third-party services and links
The App may rely on third-party services (for example, hosting or security providers) and may include links to third-party websites. We do not control third-party services or websites and are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
9. Privacy
Your use of the App is subject to the Note Dash Privacy + Cookie Notice, which describes how we collect and use information, including cookies and pseudonymous telemetry.
10. Feedback
If you provide feedback, suggestions, or ideas about the App, you grant Top Clef a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and incorporate that feedback without compensation to you.
11. Disclaimers
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP CLEF DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, secure, or error-free, or that it will improve any particular learning outcome.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP CLEF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOP CLEF’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID TO TOP CLEF PUBLISHING FOR USE OF THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations of liability. To the extent such limitations are not permitted, they may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Top Clef Publishing, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any law or the rights of any third party.
14. Termination
We may suspend or terminate your access to the App at any time for any reason, including suspected abuse or violation of these Terms. Sections that by their nature should survive termination will survive (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution).
15. Copyright policy and DMCA (United States)
If you believe content in the App infringes your copyright, you may send a notice to our designated agent at [email protected]. Please include: (a) a description of the copyrighted work you claim was infringed; (b) a description of the material and where it is located; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (f) your physical or electronic signature.
We may remove allegedly infringing content and may terminate repeat infringers where appropriate.
16. Dispute resolution, arbitration, and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.
You and Top Clef Publishing agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms (a “Dispute”) will be resolved through binding individual arbitration, except as described below.
Informal resolution first: Before starting arbitration, you agree to send us a notice describing the Dispute and your desired resolution to [email protected]. We will try to resolve the Dispute informally.
Arbitration forum and rules: The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or other applicable rules). The arbitration will be conducted in Los Angeles County, California, unless you and Top Clef Publishing agree otherwise. The arbitrator may award the same remedies a court could award on an individual basis.
Class action waiver: YOU AND TOP CLEF PUBLISHING AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
Exceptions: Either party may bring a claim in small claims court in Los Angeles County, California (or your county of residence if it has jurisdiction) if it qualifies. Either party may seek injunctive or equitable relief in court for actual or threatened infringement or misappropriation of intellectual property or unauthorized access to the App.
Opt-out: You may opt out of arbitration and the class action waiver by sending an email to [email protected] within 30 days of first accepting these Terms. Your opt-out must include your name, the date you first used the App, and a clear statement that you want to opt out of arbitration and the class action waiver. Opting out will not affect any other parts of these Terms.
Severability of arbitration provisions: If a court determines that any part of this Section 16 is unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement will be null and void.
17. Governing law and venue
Except as otherwise provided in Section 16, these Terms and any Dispute will be governed by the laws of the State of California, without regard to conflict of laws principles. Any court proceedings permitted under these Terms will be brought in the state or federal courts located in Los Angeles County, California, and you and Top Clef Publishing consent to personal jurisdiction and venue there.
18. Miscellaneous
· Entire agreement: These Terms constitute the entire agreement between you and Top Clef Publishing regarding the App and supersede any prior agreements related to the App.
· Severability: If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.
· No waiver: Our failure to enforce a provision is not a waiver of our right to do so later.
· Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
· Headings: Headings are for convenience only and do not affect interpretation.
· Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
19. Contact
If you have any questions or legal inquiries, please contact us at [email protected].