LivePen Terms of Use

Last updated: November 21, 2024

We are Livescribe Inc. ("Livescribe," "Company," "we," "us," "our"), a company registered in California, United States at 548 Market St, Suite 28753, San Francisco, CA 94104-5401.

We provide and operate the mobile application LivePen (the "App" or "Product") and provide smartpen devices that can connect to the LivePen app, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Products").

You can contact us by email at info@livescribe.com or by mail to 548 Market St, Suite 28753, San Francisco, CA 94104-5401, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Livescribe, concerning your access to and use of the Products. You agree that by accessing the Products, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of tehse legal terms, then you are expressly prohibited from using the Products and you must discontinue use immediately.

We may update these Terms of Use ("Terms") in the future.

When you use our Products, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

We have the right to suspend or terminate your account and refuse any and all current or future use of our Products for any reason at any time.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted to and activity that occurs under your account.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Uptime, Security, and Privacy

  1. Your use of the Products is at your sole risk. We provide these Products on an “as is” and “as available” basis. We do not offer service-level agreements for our Products.
  2. We take many measures to protect and secure your data through backups and encryption. We generally encrypt data transmitted over the public Internet, but do not warrant or guarantee that we will do so in all cases.
  3. When you use our Products, you entrust us with your data. We take that trust to heart. You agree that Livescribe may process your data as described in our Privacy Policy and you expressly waive any claims arising from authorized data collection and processing.
  4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Products.
  5. We are not responsible for any unauthorized access to your data resulting from factors beyond our control, such as breaches affecting third-party services, or unauthorized access to your smartpen or the device you use to run the App.
  1. You give us a limited license to use the content posted by you and your users in order to provide and improve the Products, but we claim no ownership rights over those materials. All materials you submit to the Products remain yours.
  2. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Products.
  3. The Company or its licensors own all right, title, and interest in and to the Products, including all intellectual property rights therein, and you obtain no ownership rights in the Products as a result of your use. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Product logos for promotional purposes. We reserve the right to rescind any permissions if you violate these Terms.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products without the express written permission of the Company.

Quality Assurance

We design our Products with care, based on our own experience and the experiences of customers who share their time and feedback. We make no guarantees that our Products will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Products may have some bugs. Not all reported bugs will get fixed and we don’t guarantee completely error-free Products.

You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the Products.

Limitation of Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Products; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Products; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Products, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

If you have a question about any of these Terms, please contact our support team.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If attempts at informal negotiations fail, the Parties shall finally and exclusively settle the Disputes through binding arbitration. You understand that without this clause, you could have opted for the courtroom drama of a jury trial. Instead, arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (AAA), as well as the AAA's Supplementary Procedures for Consumer Related Disputes, both available here. The AAA Consumer Rules dictate the arbitration fees and your portion of the arbitrator's pay. Arbitration may proceed in various formats — in person, via document exchange, over the phone, or online. The arbitrator will record the decision in writing, offering reasons only if requested by one of the Parties. The arbitrator is bound by applicable law and their decision may be challenged on the basis of law.Unless the AAA rules or laws dictate otherwise, arbitration shall take place in Miami-Dade, Florida.

These Terms of Use are adapted from the Basecamp open-source policies / CC BY 4.0

The Font Software (font face) used in the LivePen app is Outfit - Copyright 2021 The Outfit Project Authors. This Font Software is licensed under the SIL Open Font License, Version 1.1.