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Terms of Service

Last Updated: June 17, 2026

These Terms of Service apply to all Record & Learn LLC products, services, and website interactions.

1. Scope and Acceptance of These Terms

These Terms of Service govern your use of the Record & Learn LLC website, all iOS applications published by Record & Learn LLC, marketing services offered to business clients, and any other products or interactions associated with Record & Learn LLC.

Acceptance and Formation

By accessing or using this website, or by purchasing, enrolling in, or starting any Record & Learn LLC service, you accept these Terms and become bound by them — including the no-guarantee, warranty-disclaimer, limitation-of-liability, indemnification, and dispute-resolution provisions that protect Record & Learn LLC, its owner, and its brand.

For website-build and marketing clients specifically, you accept these Terms and any related service agreement, and are automatically enrolled in and bound by them, upon the earliest of: (a) signing a Record & Learn LLC service agreement, including by electronic signature; (b) making any payment for a service, such as the one-time build fee or any monthly fee; or (c) instructing us to begin — or accepting the start of — any service, including enrolling in the monthly marketing plan or granting the account access needed to perform it.

Under Ohio law, a contract does not need to be notarized to be legally binding — a written or even verbal agreement is enforceable as long as it includes an offer, acceptance, and consideration. These Terms, together with any service agreement, contain all three: our offer of the services described, your acceptance as described above, and the mutual consideration of the services provided and the fees paid. Where you accept by payment or by starting a service rather than by signature, that conduct constitutes acceptance of these Terms, and you may not later claim you are not bound because you did not physically sign. If you do not agree to these Terms, do not use the website or our services.

2. Use of the Website

You may browse the website, review product and company information, and contact Record & Learn LLC for product, partnership, pilot, investor, or client-software discussions.

  • Do not misuse the website or interfere with its normal operation
  • Do not submit fraudulent, abusive, or unlawful inquiries
  • Do not attempt to access non-public parts of the site or related systems without authorization

3. Products Covered

These terms apply to all Record & Learn LLC products, including but not limited to: Record & Learn, The Bill, Habit Quests, PlatePick, Backcountry Brain, Farmer Town, noteVenture, MyfriendHana, and Stop & Think.

Product-specific controls

Individual products may have support pages or App Store listings that describe additional conditions. Those product-specific materials should be read alongside these terms.

4. Acceptable Use

You agree to use the website and any shared-policy products responsibly and lawfully.

  • Do not use the website or products for unlawful conduct
  • Do not attempt to reverse engineer, disrupt, or exploit the services
  • Do not submit content that infringes the rights of others
  • Do not misrepresent your identity or relationship to a business, school, or organization

5. Contact and Inquiry Communications

If you contact Record & Learn LLC through the website, you agree that we may respond to your inquiry and continue the conversation as reasonably necessary to address the request.

6. Intellectual Property

The website, branding, product names, design elements, copy, and software-related materials presented by Record & Learn LLC are protected by applicable intellectual property laws unless otherwise stated.

  • You may not copy or redistribute protected materials without permission
  • You may reference public product and company information in normal evaluative or editorial contexts
  • Product-specific assets may carry additional rights or restrictions

Ownership of Paid Website Builds (One-Time Build Fee)

Websites built under the one-time website build are licensed to the client as follows:

  • Upon receipt of full payment of the one-time build fee (as quoted in writing), the client receives a perpetual, royalty-free, non-exclusive license to use, display, host, and modify the delivered website for their own business — including after the included first year of hosting, domain, and support ends, and regardless of whether the client subscribes to the monthly marketing plan
  • Record & Learn LLC retains ownership of all underlying code libraries, templates, frameworks, build tooling, and development techniques used to create the website, and may reuse them for other clients and projects
  • Until the build fee is paid in full, all work product remains the exclusive property of Record & Learn LLC and no license is granted
  • Record & Learn LLC may display the completed website in its portfolio and marketing materials unless the client requests otherwise in writing

Ownership of Monthly Marketing Plan Content

All ad creatives, ad copy, campaign structures, Facebook posts, Instagram posts, captions, graphics, video assets, and any other materials produced by Record & Learn LLC under the monthly marketing plan are and remain the sole and exclusive intellectual property of Record & Learn LLC.

  • Ownership of monthly-plan content is not transferred to the client at any time, including upon cancellation or termination of the marketing plan
  • Clients receive a limited, non-exclusive, non-transferable license to use monthly-plan content solely in connection with their active Record & Learn LLC marketing plan — this license terminates immediately upon cancellation or non-payment
  • If a client discontinues the marketing plan, Record & Learn LLC retains the right to repurpose, archive, or otherwise dispose of monthly-plan content at its sole discretion; content already published to the client's own social accounts may remain published
  • Client-provided assets (such as business logos, original photos taken by the client, and pre-existing brand materials owned by the client prior to engagement) remain the property of the client

7. Privacy

Your use of the website and shared-policy products is also governed by the Record & Learn LLC Privacy Policy. Please review that policy to understand how information is handled.

8. Website Build & Marketing Services Terms

Record & Learn LLC offers two services to business clients: a one-time website build, and an optional monthly marketing plan. The terms below govern both. These are the only services included at the quoted prices — any service not expressly listed here is outside the scope of the engagement unless agreed in writing.

8.1 Website Build — One-Time Fee

  • The website build is a one-time fee (as quoted in writing). It includes a custom-coded, mobile-first, SEO-ready website of standard small-business scope, plus one (1) year of hosting, one (1) year of domain registration for a single standard domain, and one (1) year of support, all measured from the date the website launches
  • "Support" means reasonable content updates to the delivered website — business hours, pricing, services, offers, photos, and contact information — and fixes to defects in the delivered site. Support does not include redesigns, new custom features, additional pages beyond reasonable content updates, e-commerce, booking systems, or third-party integrations, which are quoted separately
  • The one-time build fee (as quoted in writing) is due before the website launches. Once design or development work has begun, the build fee is non-refundable
  • After the first year, continued hosting, domain renewal, and support are not included. Record & Learn LLC will offer renewal pricing in writing before the included year ends. If the client does not renew or transfer the website, hosting and the domain may lapse and the website may go offline at the end of the included year — Record & Learn LLC is not liable for any loss resulting from non-renewal
  • The website is the client's to keep: upon full payment, the client may transfer the website to their own hosting and domain registrar at any time (see Section 6: Intellectual Property for the license terms)
  • Hosting and domain services are fulfilled through third-party providers. Record & Learn LLC does not guarantee uninterrupted uptime and is not liable for outages, data loss, or security incidents caused by those providers or by events beyond its reasonable control. Clients should keep their own copies of all materials they provide
  • Complex builds — multi-location sites, e-commerce, custom booking systems, integrations, and iOS or full-stack app builds — fall outside the standard build and are scoped and quoted separately, with the quote provided in writing before any work begins

8.2 Marketing Plan — Monthly (Optional)

  • The marketing plan is an optional monthly subscription at a flat monthly fee (as quoted in writing). It includes exactly two services: (1) Google Ads campaign management — campaign setup, monitoring, and optimization of the client's Google Ads account; and (2) daily content posts to the client's Facebook page and Instagram account
  • Nothing else is included in the monthly plan. Website changes, hosting, domain costs, Google Business Profile management, local SEO work, email marketing, other social platforms, review management, and any other marketing services are not part of the plan unless agreed in writing
  • "Daily content posts" means Record & Learn LLC will use commercially reasonable efforts to publish content to the client's Facebook and Instagram accounts on a daily cadence. Posting frequency may vary due to platform limits, outages, account restrictions or reviews, content-approval delays, holidays, or client requests. Variations in posting cadence do not entitle the client to a refund or credit
  • The plan requires the client to grant and maintain the access needed to perform the work (Google Ads account access, Facebook page and Instagram account access or publishing permissions). Record & Learn LLC is not responsible for work that cannot be performed, and no credit is owed, while required access is missing, revoked, or broken on the client's side
  • The plan can be added or cancelled at any time. There are no contracts and no minimum term

8.3 Google Ads Ad Spend

  • Google Ads advertising budget (ad spend) is entirely separate from the agreed monthly marketing fee (as quoted in writing) and is paid by the client directly to Google
  • The client is responsible for setting up and maintaining their own Google Ads billing, and for all charges Google bills to their account
  • Record & Learn LLC manages campaigns within the budget the client sets but does not control Google's pricing, auction dynamics, or billing

8.4 Billing, Cancellation & Refunds

  • The monthly plan is billed monthly in advance. Cancellation takes effect at the end of the current billing period
  • Fees already paid — including the one-time build fee once work has begun and any monthly fee for a period already started — are non-refundable. No pro-rated refunds are issued for partial months
  • Record & Learn LLC may suspend or terminate services for non-payment after reasonable notice
  • Cancelling the monthly plan does not affect the client's website or the remainder of any included build-year hosting, domain, and support — the build and the plan are independent services
  • Record & Learn LLC may change its pricing for future quotes and renewals at any time; price changes do not apply retroactively to fees already paid

8.5 Client Responsibilities

  • Clients are responsible for providing accurate business information (name, address, hours, services, pricing, licensing claims) for use in the website, ads, and social content — Record & Learn LLC is not liable for inaccuracies in client-provided information
  • Clients are responsible for ensuring they have the rights to all assets they provide (logos, photos, text) and that their business, offers, and advertising claims comply with the laws and regulations that apply to their industry
  • Clients must review published content and campaigns and promptly report anything that needs correction

8.6 No Guarantee of Results

Record & Learn LLC manages campaigns and content on behalf of clients but does not guarantee specific results — including clicks, impressions, cost-per-click, leads, calls, sales, followers, engagement, reach, rankings, or return on investment. Marketing outcomes depend on factors outside Record & Learn LLC's control. See our full Disclaimers page.

9. iOS Applications Terms

Record & Learn LLC publishes iOS applications through the Apple App Store. The following terms apply to all Record & Learn LLC apps:

  • Apps are distributed through Apple's App Store and are subject to Apple's Terms of Service and App Store Review Guidelines
  • Subscriptions (where applicable) are managed through Apple — billing, renewals, and cancellations are handled by Apple through the user's Apple ID account
  • AI-generated content (flashcards, quizzes, study notes, slide decks) is provided for educational reference purposes and may contain inaccuracies
  • Users retain ownership of their recordings and content; Record & Learn does not access user data stored on-device or in the user's private iCloud database
  • Refunds for App Store purchases are handled by Apple per their refund policy

10. App-Specific Terms

Safety-Critical Applications

Backcountry Brain provides AI-powered species identification, wildlife guidance, and survival protocols. These features are for informational purposes only and must not be relied upon in life-threatening or emergency situations. Always verify species identification through authoritative sources. Do not use navigation features as your sole means of navigation in wilderness areas.

Financial Tools

The Bill provides personal finance calculations and budgeting tools for informational purposes only. It is not a substitute for professional financial advice. Record & Learn LLC is not responsible for financial decisions made based on app calculations.

AI-Powered Features

Several apps (Record & Learn, MyfriendHana, Backcountry Brain) use on-device AI. AI outputs including transcriptions, flashcards, species identifications, and conversational responses may contain errors. Users are responsible for verifying AI-generated content.

Game and Gamification Features

Apps with gamification elements (Habit Quests, Farmer Town, noteVenture, MyfriendHana) may adjust game mechanics, rewards, progression, and balancing at any time.

11. Performance Claims

All statistics, metrics, and performance figures displayed on the Record & Learn LLC website are for reference purposes only. They are based on limited client data and do not constitute guarantees of future performance.

For complete details on data sources, limitations, and scope of all performance claims, please review our full Disclaimers page.

12. Disclaimers and No Warranties

THE WEBSITE, ALL PRODUCTS, AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW — INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • We do not warrant uninterrupted, error-free, or secure operation of this website, client websites, hosting, or any product
  • We do not warrant that any website, campaign, or content will be free of defects, or that any defect will be corrected within a particular time
  • We do not warrant compliance with industry-specific regulations or accessibility standards (such as WCAG or ADA-related requirements) unless expressly agreed in writing
  • We do not promise that every page or product description is exhaustive
  • Website and product materials are informational unless a separate written agreement says otherwise
  • No oral or written advice or information from Record & Learn LLC creates any warranty not expressly stated in these Terms

13. Limitation of Liability

To the fullest extent permitted by law, Record & Learn LLC, its owner, members, employees, and affiliates are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost revenue, lost data, loss of goodwill, business interruption, or the cost of substitute services — arising from or related to the website, any product, or any service, even if advised of the possibility of such damages.

  • Record & Learn LLC is not liable for losses caused by third-party platforms and providers (Google, Meta/Facebook/Instagram, Apple, hosting providers, domain registrars), including outages, policy enforcement, account suspensions, data loss, or pricing changes
  • Record & Learn LLC is not liable for losses arising from client-provided information, content, or assets, or from the client's own business practices, offers, pricing, or regulatory compliance
  • Record & Learn LLC is not liable for marketing results that differ from projections, estimates, illustrative examples, or past performance
  • Record & Learn LLC is not liable for website downtime, lost content, or security incidents beyond its reasonable control — clients are responsible for keeping copies of materials they provide

IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF RECORD & LEARN LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCT OR SERVICE SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO RECORD & LEARN LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you; in that case, liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Record & Learn LLC, its owner, members, employees, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the website, products, or services
  • Your violation of these Terms or of any applicable law or regulation
  • Content, information, or assets you provide — including claims that they infringe a third party's rights or are inaccurate, misleading, or unlawful
  • Your business operations, offers, pricing, advertising claims, and regulatory compliance — including claims arising from ads, websites, or social content we prepare from information you provide
  • Disputes between you and your customers

15. Force Majeure

Record & Learn LLC is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, power or internet outages, labor disputes, governmental actions, war, terrorism, epidemics, or failures of third-party platforms, networks, or providers. Performance is suspended for the duration of such an event.

16. Severability, Entire Agreement & No Waiver

  • If any provision of these Terms is found unenforceable, that provision is enforced to the maximum extent permitted and the remaining provisions remain in full force
  • These Terms, together with the Privacy Policy, the Disclaimers page, and any written service agreement, are the entire agreement between you and Record & Learn LLC and supersede prior discussions and representations
  • A failure by Record & Learn LLC to enforce any provision is not a waiver of that provision or any other
  • You may not assign these Terms without written consent; Record & Learn LLC may assign them in connection with a business transfer

17. Children's Privacy and Age Requirements

Apps are rated 4+ on the App Store and are designed to be safe for all ages. Record & Learn LLC complies with COPPA. We do not knowingly collect personal information from children under 13.

If you are under 13, you may use the apps but should do so under parental supervision.

18. Governing Law

These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict of law principles.

19. Arbitration and Dispute Resolution

Any dispute arising from these Terms or use of Record & Learn LLC products shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

  • You agree to waive any right to participate in a class action lawsuit or class-wide arbitration
  • Small claims court actions are exempt from this arbitration requirement

20. Changes to These Terms

We may update these Terms as our products and services evolve. When material changes are made, we will update the last-updated date. Continued use after changes constitutes acceptance.

21. Contact Us

If you have questions about these Terms of Service, contact us here:

Email: msayf@recordandlearn.info

Company: Record & Learn LLC

Response Time: We typically respond within 48 hours

Subject Line: Please include "Terms of Service" in your subject line