Maitland Terms of Use
Effective date: October 11, 2026
PLEASE READ SECTION 15. IT REQUIRES YOU AND MAITLAND TO RESOLVE DISPUTES ONE AT A TIME, IN SMALL CLAIMS COURT WHERE THE DISPUTE QUALIFIES AND OTHERWISE THROUGH BINDING INDIVIDUAL ARBITRATION. IT WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS BY FOLLOWING SECTION 15.9.
These Terms are a contract between you and Maitland Desk LLC (“Maitland,” “we” or “us”). They cover the Maitland app for iPhone and iPad, the web app at maitland.app, and the servers behind them (together, the “Service”). You accept these Terms when you create an account or use the Service. If you do not accept them, do not use the Service.
Two other pages are part of these Terms. The Privacy Policy at maitland.app/privacy says what information we collect and what we do with it. The Security Page at maitland.app/security says how the Service’s encryption works and what it does not protect.
1. The Service
Maitland is a personal to-do list, planner and notebook. What you write in it is your “Content.” Your Content is stored as plain text files. Those files are encrypted on your device before they reach our server, with a key we do not hold. The Security Page describes that design and its limits. Maitland is offered only in the United States.
2. Your account
You must be at least 16 years old. If you are under 18, a parent or guardian must agree to these Terms for you.
Keep your password to yourself. You are responsible for what happens under your account.
Your encryption key and your 24-word recovery phrase are made on your devices. If you use a password, we store a copy of the key locked with it, which we cannot open, and we never have the recovery phrase. If you lose your devices, your password and the recovery phrase, no one can open your Content, including us. We are not responsible for Content that cannot be opened because the key, the password and the recovery phrase were lost.
One account opens one set of Content.
3. Price
Sorting what you capture, the Daybook’s pages and the extra ink colors need a subscription. Everything else in the Service works without one, including capture, your lists, notebooks, the calendar and export.
Subscriptions are sold only in the app for iPhone and iPad, and Apple bills them to your Apple account under Apple’s terms and refund policy. A subscription costs $4.99 a month or $39.99 a year. A first subscription starts with a two-week free trial, as Apple offers it, and becomes a paid subscription when the trial ends unless you cancel. A subscription renews automatically for the same period and price unless you cancel at least 24 hours before the period ends. Cancel in your Apple account’s subscription settings on your iPhone or iPad. You can share a subscription with your family through Apple’s Family Sharing. Deleting your Maitland account does not cancel a subscription.
Accounts created before the App Store launch are free through December 31, 2027, with no purchase.
A price change follows Apple’s process: Apple tells you before the new price applies and, where its rules require, asks for your agreement, and you can cancel before it takes effect. Section 13 does not apply to price changes.
4. Your Content
Your Content belongs to you. We claim no ownership of it.
You give us permission to do the few things the Service needs: store your Content, transmit it, back it up, and show it to you.
Your Content is encrypted with a key we do not hold, so we cannot read it and we do not review it. You are responsible for your Content and for having the right to store it.
You can export your Content as plain text at any time.
5. The AI assistant
“The AI assistant” is the name for the features that sort your tasks.
Sorting runs on your device. Nothing you write is sent to an AI company. If we offer a feature that sends your words to one, we will update these Terms and the Privacy Policy first, and the app will tell you before the first time it happens.
What the AI assistant writes is written by software and may be wrong. It is a suggestion. It is not legal, medical, financial or other professional advice. Check anything that matters before you act on it.
6. Acceptable use
Do not use the Service to break the law or to violate anyone’s rights. Do not use it to store or send malicious code. Do not try to get into another person’s account or into our systems. Do not interfere with the Service, and do not resell it. You may not use the Service to send content that is unlawful, harassing, abusive or otherwise objectionable, and we don’t tolerate abusive users. You can block or report a sender in the app. We review every report and act on it within 24 hours, which may include removing the content and closing the sender’s account. We may suspend or close an account that does any of these things.
7. Our property
The Service, its design, its code and the Maitland name belong to us or to our licensors. Copyright, trademark and other laws protect them. These Terms give you a personal, non-transferable license to use the app and the Service. They give you no other rights in them. Your Content is not our property, and neither is the plain-text format your files are kept in.
8. Other companies’ services
The Service depends on Apple (sign-in, silent sync notices, app distribution, subscription billing, and dictation on older iPhones), DigitalOcean (hosting) and an email delivery service (the email we send you). Each operates under its own terms. With your permission, the iPhone app writes events you create to your iPhone’s calendar and reads that calendar in order to display it. Apple’s permission settings control that access. We are not responsible for services run by other companies.
9. App Store terms
This section applies if you got the app from Apple’s App Store. These Terms are between you and Maitland, not Apple. Your license to the app is limited to use on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent the law permits, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Maitland’s sole responsibility. Maitland, not Apple, is responsible for addressing claims by you or anyone else relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. Maitland, not Apple, is responsible for investigating, defending, settling and discharging any claim that the app or your use of it infringes a third party’s intellectual property rights. You must comply with any third-party terms that apply when you use the app, such as your wireless carrier’s agreement. You represent that you are not located in a country that is subject to a U.S. government embargo or that the U.S. government has designated a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties. Questions, complaints and claims about the app go to Maitland at the address in the Contact section. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
10. NO WARRANTIES AND NO OTHER PROMISES
10.1 AS IS. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, MAITLAND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, THAT YOUR CONTENT WILL NEVER BE LOST OR DAMAGED, OR THAT ANYTHING THE AI ASSISTANT WRITES WILL BE ACCURATE.
10.2 NO OTHER REPRESENTATIONS, AND NO RELIANCE. THE ONLY STATEMENTS MAITLAND MAKES ABOUT THE SERVICE ARE THE ONES WRITTEN IN THESE TERMS, THE PRIVACY POLICY AND THE SECURITY PAGE. MAITLAND MAKES NO OTHER REPRESENTATION OR PROMISE OF ANY KIND. YOU AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER STATEMENT IN DECIDING TO USE OR PAY FOR THE SERVICE.
10.3 SECURITY. THE SECURITY PAGE DESCRIBES HOW THE SERVICE’S ENCRYPTION IS DESIGNED AND WHAT IT DOES NOT PROTECT. WE DO NOT SAY THAT THE DESIGN OR THE SOFTWARE IS FREE OF FLAWS, THAT IT CANNOT BE DEFEATED, OR THAT IT PROTECTS AGAINST ANYTHING THE SECURITY PAGE DOES NOT LIST. NO SYSTEM IS PERFECTLY SECURE.
10.4 What this means in practice. Maitland sends a reminder only when you ask for one, and a reminder may fail. It depends on your phone, your notification settings and a recent sync, and we do not promise that any reminder will arrive. Do not rely on Maitland as your only record of a deadline, an appointment, or anything else where a missed date would hurt you. Keep your own exports of anything you cannot afford to lose. Maitland is a personal tool. It is not built for information that a law requires you to protect in a particular way, such as patient records.
11. LIMITS ON LIABILITY
11.1 NO CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT THE LAW ALLOWS, MAITLAND WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. MAITLAND ALSO WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER THEY ARE CALLED DIRECT DAMAGES OR CONSEQUENTIAL DAMAGES: LOST PROFITS, LOST REVENUE, LOST BUSINESS OR LOST GOODWILL; LOST TIME; A MISSED DEADLINE, APPOINTMENT OR TASK; A REMINDER THAT DID NOT ARRIVE OR ARRIVED LATE; LOSS OF, DAMAGE TO, OR INABILITY TO OPEN YOUR CONTENT; UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR YOUR CONTENT; ANYTHING THE AI ASSISTANT WROTE OR FAILED TO WRITE; AND THE COST OF A SUBSTITUTE SERVICE.
11.2 CAP. TO THE FULLEST EXTENT THE LAW ALLOWS, MAITLAND’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID MAITLAND IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND (B) US $50.
11.3 THESE LIMITS APPLY TO EVERY KIND OF CLAIM. SECTIONS 11.1 AND 11.2 APPLY WHETHER A CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATION, A STATUTE, OR ANY OTHER THEORY. THEY APPLY EVEN IF MAITLAND WAS TOLD THE DAMAGES WERE POSSIBLE. THEY APPLY EVEN IF A REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE. SECTION 11.1 AND SECTION 11.2 ARE INDEPENDENT OF EACH OTHER, AND EACH SURVIVES IF THE OTHER IS FOUND UNENFORCEABLE.
11.4 WHO IS PROTECTED. THESE LIMITS ALSO PROTECT MAITLAND’S MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SERVICE PROVIDERS.
11.5 The bargain. The price of the Service reflects these limits. We would not offer the Service at this price without them.
11.6 Where the law says otherwise. Some states do not allow some of these limits. In those states the limits apply as far as the law allows. Nothing in these Terms limits liability for gross negligence, willful misconduct or fraud, or liability that the law does not allow a contract to limit.
12. Ending things
You may stop using the Service and delete your account at any time from Settings → Account. We may suspend or close your access if you break these Terms. We will give notice where we reasonably can. When your access ends, so does your right to use the Service. Export your Content first, because deleting an account removes it from our server. Sections 4, 7, 10, 11, 14, 15 and 16 continue to apply after your access ends.
13. Changes to these Terms
We may change these Terms. We will post the new version here with a new effective date. For a material change, we will tell you in the app or by email before the change takes effect. If you keep using the Service after that, you accept the change. Changes to Section 15 follow the separate rule in Section 15.11.
14. Governing law and courts
New York law governs these Terms and the Service, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs Section 15. Section 15 sends disputes to small claims court or to arbitration. Any dispute that ends up outside both will be brought only in the state or federal courts located in New York County, New York. You and Maitland consent to those courts’ jurisdiction.
15. DISPUTES: SMALL CLAIMS COURT OR BINDING ARBITRATION, NO JURY TRIAL, NO CLASS ACTIONS
15.1 Talk to us first. Most problems can be solved by writing to support@maitland.app. Before starting a small claims case, an arbitration or any other court case, the party with the complaint must send the other a written notice. The notice must give the sender’s name and account email, describe the dispute, and state what the sender wants. Send notices to Maitland at support@maitland.app. We send notices to your account email. You and we will then try in good faith to resolve the dispute for 60 days. Neither side may start any of those until those 60 days have passed. Any limitations period stops running during the 60 days.
15.2 Small claims court comes first. A “Dispute” is any claim between you and Maitland that arises out of or relates to the Service, your Content, these Terms, the Privacy Policy, the Security Page, or any statement about the Service. The word has the broadest meaning the law allows. It covers claims based on contract, tort, statute, fraud, misrepresentation or any other theory. It covers claims that arose before you accepted these Terms and claims that arise after your account ends. It covers claims against Maitland’s members, officers, employees, contractors and service providers.
If a Dispute qualifies for small claims court, it must be brought there, on an individual basis, and not in arbitration. You may use the small claims court in New York County, New York. You may instead use the one in the county where you live, if that court will hear the case. Maitland may use the small claims court, or the equivalent court for claims by a business, in the county where you live. If a small claims case is later transferred, or is changed so that it no longer qualifies for small claims court, the Dispute must then be arbitrated under Section 15.3.
15.3 AGREEMENT TO ARBITRATE EVERYTHING ELSE. YOU AND MAITLAND AGREE THAT ANY DISPUTE THAT DOES NOT QUALIFY FOR SMALL CLAIMS COURT WILL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION, AND NOT IN COURT. THERE IS ONE EXCEPTION. EITHER OF US MAY GO TO COURT TO STOP INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY.
15.4 NO JURY TRIAL. YOU AND MAITLAND EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IN ARBITRATION THERE IS NO JUDGE AND NO JURY, AND A COURT’S REVIEW OF AN ARBITRATOR’S AWARD IS LIMITED. IF A DISPUTE PROCEEDS IN COURT FOR ANY REASON, YOU AND MAITLAND STILL WAIVE A JURY TRIAL TO THE FULLEST EXTENT THE LAW ALLOWS.
15.5 NO CLASS ACTIONS. YOU AND MAITLAND MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY. NEITHER OF US MAY ACT AS A PLAINTIFF, A CLASS MEMBER OR A REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THIS APPLIES IN SMALL CLAIMS COURT, IN ARBITRATION AND IN ANY OTHER COURT. THE ARBITRATOR MAY NOT COMBINE MORE THAN ONE PERSON’S CLAIMS AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT, AND ONLY AS FAR AS NEEDED TO RESOLVE THAT PARTY’S OWN CLAIM. NO ARBITRATOR HAS AUTHORITY TO CONDUCT A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ARBITRATION.
15.6 Rules. JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures, or under its Comprehensive Arbitration Rules and Procedures if a claim exceeds $250,000. The JAMS Consumer Arbitration Minimum Standards apply. If 25 or more similar demands are brought against Maitland by the same or coordinated lawyers, the JAMS Mass Arbitration Procedures and Guidelines also apply. The rules are at jamsadr.com. If these Terms and the JAMS rules conflict, these Terms control unless that would violate the Minimum Standards. One arbitrator will decide the dispute. If JAMS cannot or will not administer the arbitration, you and we will choose another administrator, and a court will choose one if we cannot agree.
15.7 Fees. If you start the arbitration, you pay no more than $250 of the JAMS filing fee. Maitland pays the rest of the JAMS fees and the arbitrator’s fees. If Maitland starts the arbitration, Maitland pays all of them. Each side pays its own lawyers unless the law or the arbitrator’s award says otherwise. If the arbitrator finds that a claim or defense was frivolous or was brought for an improper purpose, measured by the standard of Federal Rule of Civil Procedure 11(b), the arbitrator may shift fees and costs to the party that brought it, as far as the law and the JAMS rules allow.
15.8 Where and how. The arbitration will be conducted in English. It will be decided on written submissions, or by telephone or video, unless the arbitrator decides an in-person hearing is needed. An in-person hearing will be held in the county where you live, or somewhere else that you and we agree on.
15.9 Your right to opt out. You may opt out of arbitration under Section 15.3 within 30 days after you first accept these Terms. To opt out, send an email from your account email to support@maitland.app with the subject “Arbitration opt-out.” If you opt out, Disputes that do not qualify for small claims court go to the courts named in Section 14. The rest of these Terms still apply, including the jury waiver in Section 15.4 and the class action waiver in Section 15.5, as far as the law allows.
15.10 What the arbitrator decides. The arbitrator decides every issue, including whether a Dispute must be arbitrated and whether this Section 15 is valid. There is one exception. Only a court may decide whether Section 15.5 is enforceable. The arbitrator must follow these Terms, including Sections 10 and 11, and may award an individual party any relief that a court could award that party under these Terms. The award will be in writing and will give reasons. Any court with jurisdiction may enter judgment on it.
15.11 Changes to this Section. If we change this Section 15, we will give you at least 30 days’ notice by email or in the app. You may reject the change by emailing support@maitland.app within those 30 days. If you reject it, the earlier version of this Section continues to apply to you. A change does not apply to a Dispute that either of us had written notice of before the change took effect.
15.12 If part of this Section fails. If a court decides that Section 15.5 cannot be enforced as to a particular claim or a particular kind of relief, such as public injunctive relief, that claim or relief will be separated from the arbitration. It will proceed in court under Section 14 after the arbitration of everything else has ended. If any other part of this Section 15 cannot be enforced, the rest remains in force.
16. General
These Terms, the Privacy Policy and the Security Page are the entire agreement between you and Maitland about the Service. They replace every earlier agreement and statement about it. If a part of these Terms cannot be enforced, the rest remains in force. We may assign these Terms. You may not. If we do not enforce a right at once, we have not waived it. Send notices to us at support@maitland.app. We send notices to you at your account email.
Contact
Maitland Desk LLC, c/o Registered Agents Inc., 418 Broadway, Ste R, Albany, NY 12207, support@maitland.app.