These Terms of Use (“Terms”) govern your use of the Note Recall mobile application (the “App”), provided by 43rd Element, LLC (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1.The App
Note Recall is a personal note-taking and recall app for iOS. It lets you write notes and then search, chat with, and generate “insights” from your own notes using an artificial intelligence model that runs entirely on your device.
The App is provided for your personal, non-commercial use.
2.Eligibility
You must be at least 16 years old, or the age of digital consent in your jurisdiction, to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian. The App is not directed to children under 13.
3.Your Content and Where It Lives
You own your notes. The text, tags, logs, and other content you create in the App (“Your Content”) belong to you. We do not claim ownership of Your Content.
We do not have access to Your Content. Note Recall does not use developer-operated servers or accounts. Your Content is stored:
- locally on your device, and
- if you enable iCloud, in your own private iCloud (CloudKit) account, which is controlled by you and governed by Apple’s terms.
Because we operate no backend, we cannot read, retrieve, recover, export, or delete Your Content on your behalf. You are responsible for backing up Your Content. Uninstalling the App, disabling iCloud, or a device failure may result in permanent loss of Your Content, and we cannot recover it.
4.Artificial Intelligence Features — Important Disclaimers
The App uses an AI language model to answer questions about your notes, tag notes, extract facts, and generate insights. The model (currently Qwen3 4B) runs entirely on your device after a one-time download (see Section 6). The App does not send Your Content to any AI service — whether operated by us or by a third party — for processing.
You understand and agree that:
- AI output can be wrong. AI-generated answers, summaries, tags, facts, and insights may be inaccurate, incomplete, outdated, or misleading, and may misrepresent your own notes. The App attempts to ground answers in your notes and cite sources, but it does not guarantee accuracy.
- Do not rely on AI output for important decisions. You are solely responsible for verifying any information before acting on it.
- Outputs are not professional advice. See Section 5.
- AI features may be unavailable, may change, or may be removed at any time.
5.Not Medical, Legal, or Financial Advice
Note Recall is not a medical device and does not provide medical, mental-health, legal, financial, or other professional advice, diagnosis, or treatment. Any content the App surfaces about health, symptoms, medications, wellness trends, legal matters, or finances is for personal informational and organizational purposes only.
- Always seek the advice of a qualified physician or other qualified health provider with any questions about a medical condition or medication. Never disregard professional medical advice or delay seeking it because of something you read in the App.
- The App lets you record health-related information (such as symptom logs and medication logs) and may surface health-related content drawn from your own notes. It presents patterns from your own data; it does not interpret them as a clinician would.
Reliance on any information provided by the App is solely at your own risk.
6.Model Downloads
To enable on-device AI, the App may download a large AI model (currently approximately 2.4 GB) from a third-party host (Hugging Face). You are responsible for any data, storage, or carrier charges. The downloaded model is subject to its own open-source license (see the licenses included in the App), and your use of it must comply with that license.
7.Acceptable Use
You agree not to:
- use the App for any unlawful purpose or in violation of any applicable law or regulation;
- use the App to create, store, or generate content that is illegal, infringing, or that violates the rights of others;
- reverse engineer, decompile, or attempt to extract source code from the App, except to the extent this restriction is prohibited by law; or
- interfere with, disrupt, or attempt to gain unauthorized access to the App or any related systems.
You are solely responsible for the content you create and the prompts you enter.
8.Third-Party Software and Services
The App relies on third-party components and services, including Apple (iOS, iCloud/CloudKit), the open-source AI model (currently Qwen3 4B), and Hugging Face (model hosting). Your use of those components and services is governed by their respective terms and licenses. We are not responsible for third-party software or services.
9.Intellectual Property
The App itself — including its software, design, and branding (but excluding Your Content and third-party open-source components) — is owned by us and protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms and the Apple App Store Terms of Service.
10.Fees, Purchases, and Refunds
The App is a paid, subscription-based application. You purchase it through the Apple App Store, and Apple processes all payments — we do not receive, handle, or store your payment card or other financial information. Your purchase is also subject to the Apple Media Services Terms and Conditions.
Subscription. Access to the App is offered on a recurring subscription. Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period, and you can manage or cancel them at any time in your Apple ID account settings. The price and billing period are shown in the App and on the App Store before you purchase.
Refunds are handled by Apple in accordance with its App Store policies; we do not process refunds directly. We may change prices from time to time; any change applies only to future purchases or renewals and, for subscriptions, will be disclosed to you before it takes effect.
11.Disclaimer of Warranties
12.Limitation of Liability
13.Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising out of your misuse of the App, your violation of these Terms, or your violation of any law or third-party right.
14.Changes to the App and These Terms
We may modify, suspend, or discontinue the App (or any feature) at any time. We may also update these Terms; when we do, we will update the “Last updated” date, and continued use of the App after changes take effect constitutes acceptance of the revised Terms.
15.Termination
You may stop using the App at any time by uninstalling it. We may suspend or terminate your access if you violate these Terms. Sections that by their nature should survive termination (including Sections 4, 5, 9, 11, 12, and 13) will survive.
16.Apple App Store Terms
The App is licensed, not sold, to you, and your license is subject to Apple’s Licensed Application End User License Agreement (Standard EULA) (apple.com/legal/internet-services/itunes/dev/stdeula). To the extent these Terms conflict with the Apple Standard EULA regarding your use of the App obtained through the App Store, the Apple Standard EULA governs, except that we — not Apple — are solely responsible for the App and its content. Apple is a third-party beneficiary of these Terms and may enforce them against you.
17.Governing Law
These Terms are governed by the laws of the state of Georgia in the United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Atlanta, Georgia for any dispute not subject to arbitration or small-claims resolution.
18.Contact
Questions about these Terms? Contact us at support@43rdelement.com.