Welcome to Essential Space! These Terms and Conditions for Essential Space ("Terms") govern the relationship between you and Nothing Technology Limited, a company registered in England and Wales under company number: 12984564, with our registered office at 21a John Street, Bedford House, London, United Kingdom, WC1N 2BF ("Nothing", "we", "us", or "our") in relation to our app and widget called Essential Space ("Essential Space" or "Services"). “You” or “Your” means the individual downloading and using Essential Space.

About Essential Space
Essential Space is an Artificial Intelligence (AI) tool designed for you to quickly gather, store and develop ideas. It captures both digital and physical worlds through audio notes, photos and screen captures. Essential Space will extract key information from your audio notes, photos and screen captures, make audio transcriptions, ask Essential Space follow up questions, seamlessly organise all captured content. Essential Space will focus on creating and organising your thinking with the help of AI.

To use Essential Space, simply long-press the side button and speak into your phone to record ideas. Essential Space will convert your voice to text for analysis, following which the software will analyse the text and summarize it. You can also capture screenshots, save articles, and collect other useful content. It is also possible for the software to analyse screenshots and provide summaries of that information, as well. This content is stored in your space and presented in a unique visual format.

1. Use of the Services
1.1 If you download and use Essential Space, you agree to be legally bound by these Terms. If you do not agree with any of the Terms, please do not use Essential Space.

1.2 You agree to:
Use the Services solely for personal purposes and not for any commercial activities.
Not use the Services for any illegal, unethical or harmful activities, including but not limited to: spamming, distributing malware, infringing upon the rights of others or violating any applicable law.
Not modify, reverse-engineer, or tamper with Essential Space in any way.
Provide accurate and lawful inputs when using Essential Space, ensuring your use is not harmful.
Respect fair use boundaries for AI features. Excessive or abnormal use may result in temporary feature limits or suspension of access.

2. The Services
A legally binding contract between you and us is made when you download Essential Space.

3. User Content
3.1 By using Essential Space, you are able to upload, record, and store content such as audio, screenshots, and text.

3.2 You are responsible for the content you upload and ensuring that it complies with applicable laws and regulations.

3.3 The basic services, including voice recording, voice-to-text transcription, screenshot capture, and content storage are available by default when you use Essential Space by long-pressing the side button.

3.4 Essential Space includes features powered by AI which help organise, summarise, and extract information from your content. The AI features, such as summarisation and analysis, are currently in an early access phase. These features may be subject to usage limits, geographic restrictions, or performance-based constraints. We may monitor and adjust access to AI features as we test and improve the service.To maintain fair access and system performance, your access to Flip to Record is subject to a limit of 300 minutes per calendar month. If you exceed this limit, access to these features may be temporarily restricted or disabled for the remainder of the month. We reserve the right to impose reasonable limitations on access to AI features to ensure system stability and a consistent experience for all users. If your usage exceeds fair or expected levels, we may temporarily restrict or suspend your access to certain features. We may also modify such limits from time to time without prior notice.

4. Privacy Protection
We will protect your personal information in accordance with applicable privacy laws and our Privacy Policy.

5. Limitation of Liability
5.1 Essential Space is provided "as is" without any warranties of any kind, either express or implied. By using the AI features, you acknowledge and agree that the availability and performance of such features may be subject to limits, which may vary depending on your usage patterns, system availability, or other factors. We do not guarantee uninterrupted or error-free access to these AI features. We are not liable for any loss or damage resulting from the use of the Service, including but not limited to: (i) losses that were not expected or foreseeable to you and us when this contract was formed (ii) losses that were not caused by any breach on our part (iii) business losses or losses to non-consumers (iv)avoidable losses such as damage to your Nothing device or failing to update or follow installation instructions (v) Service interruptions, (vi) issues arising from third-party content or (vii) losses caused by an event outside our control.

5.2 Essential Space generates summaries based on user-provided inputs. You acknowledge and agree that Essential Space is not responsible for the accuracy, reliability or completeness of the content produced. The content generated by Essential Space is provided for reference and personal use only. The content is provided “as-is” and Nothing makes no warranty, express, implied, including but not limited to warranties of fitness for a particular purpose, merchantability or non-infringement. You use Essential Space at your own risk. You are solely responsible for reviewing and assessing the Essential Space content before relying on it or using it in any context. Any use of Essential Space shall be in accordance with these Terms and the information and content shall not be used for any illegal or immoral purposes or in violation of any third-party rights.

6. Changes to the Service and Terms
6.1 We can suspend the supply of Essential Space at any time to deal a technical problem or make minor technical changes, address a security threat, update Essential Space to reflect any changes in laws or regulations and make changes to Essential Space.
If we make changes that significantly affect your use of the Services, we will notify you.

6.2 We may modify or update these Terms at any time.

7. Termination
7.1 We reserve the right to suspend or terminate your access to the Services with or without notice and at any point, if we determine that you have breached these Terms or if we discontinue providing the Services.

7.2 You have the right to stop using Essential Space at any time and you can delete the Essential Space app or widget from your Nothing device.

8. Intellectual Property
8.1 All intellectual property rights in the Services, including but not limited to the software, design, logos, trade marks, and content (excluding user-generated input), are owned by Nothing.

8.2 You retain ownership of any content or data you submit to Essential Space, but you grant Essential Space and Nothing a non-exclusive, royalty-free, worldwide license to use, process, and store your data and content solely to provide the Services.

8.3 You may not copy, modify, distribute, reverse-engineer, or create derivative works based on Essential Space or its content without our prior written consent.

9. Other Terms
9.1 These Terms constitute the entire agreement between you and us regarding Services and supersede any prior oral or written agreements.

9.2 If any provision of these additional Terms is deemed invalid or unenforceable, that provision shall be deemed divisible and shall not affect the validity and enforceability of the remaining provisions.

9.3 The Services and other Nothing technology may be subject to export control laws and regulations. You acknowledge and agree that you shall not export or re-export any content in contravention of such laws and regulations. You represent and warrant that you are not subject to any blacklists or sanctions of relevant countries, including, without limitation, the United States, the United Kingdom, and the European Union.

9.4 No provision of these Terms may be waived except by a writing executed by the party against whom the waiver is to be effective.

9.5 Nothing's failure to enforce any provision of these Terms shall neither be construed as a waiver of the provision nor prevent Nothing from enforcing any other provision of these Terms.

9.6 We will do our best to resolve any problems or complaints you have with us or the Services. If you have any issues please contact: privacy@nothing.tech.

9.7 None of these Terms shall confer or purport to confer on a third party any benefit or any right to enforce any Terms.

9.8 These Terms shall be governed by English Law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.