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Terms of Service

Last Updated: September 12, 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 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 (c) instructing us to begin — or accepting the start of — any service. Historical monthly marketing engagements (Google Ads and/or daily Facebook and Instagram posting), if any were previously started, remain governed by these Terms for work already performed.

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
  • 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 Historical Monthly Marketing Plan Content

Monthly Google Ads management and daily Facebook/Instagram posting are not currently offered. For any historical engagements that produced marketing materials, 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 a 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 Services Terms

Record & Learn LLC currently offers website builds to business clients (quoted up front). Monthly Google Ads management and daily Facebook/Instagram posting are not currently offered. The terms below govern the website build and, where relevant, any historical monthly marketing engagements. 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 — Not Currently Offered

  • Monthly Google Ads campaign management and daily Facebook/Instagram content posting are not currently offered as a commercial service
  • Website builds remain available as quoted in writing under Section 8.1; they do not include Ads management, social posting, Google Business Profile management, local SEO retainers, email marketing, or other marketing services unless agreed in writing
  • If a client previously enrolled in a monthly marketing plan, work already performed remains subject to these Terms (including intellectual-property, billing, and disclaimer provisions) for that historical engagement
  • Any future marketing engagement, if offered again, would be scoped and quoted separately in writing before work begins

8.3 Google Ads Ad Spend (Historical Engagements)

  • Because monthly Google Ads management is not currently offered, Record & Learn LLC does not currently manage client ad spend
  • For any historical Google Ads engagements, advertising budget (ad spend) was separate from any agreed monthly marketing fee and paid by the client directly to Google
  • Clients remain responsible for their own Google Ads billing and for all charges Google bills to their account

8.4 Billing, Cancellation & Refunds

  • The one-time build fee (as quoted in writing) is due before launch; once design or development work has begun, it is non-refundable
  • Fees already paid — including any historical monthly marketing fees for a period already started — are non-refundable. No pro-rated refunds are issued for partial months on historical plans
  • Record & Learn LLC may suspend or terminate services for non-payment after reasonable notice
  • Website builds and any historical monthly marketing plans are independent — ending one does not cancel the other's remaining included hosting, domain, or support
  • 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 — 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 does not guarantee specific results from website builds or any historical marketing work — including clicks, impressions, cost-per-click, leads, calls, sales, followers, engagement, reach, rankings, or return on investment. 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