Note Recall

Terms of Use

Effective date: September 18, 2026 Last updated: September 18, 2026

These Terms of Use (these “Terms”) govern your access to and use of the Note Recall mobile application, features, content, functionality, and related services (collectively, the “App”) offered by 43rd Element, LLC, a Georgia limited liability company (“Note Recall,” “we,” “us,” or “our”). These Terms are between you and Note Recall only, and not with Apple Inc. or its subsidiaries (“Apple”). Note Recall, not Apple, is solely responsible for the App and its content.

Please read these Terms carefully. By subscribing, downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not download, access, or use the App.

I.App Services and Updates

A.App Functions.

Note Recall is a personal notetaking and reflection tool that enables users to create, store, review, organize, and analyze notes through features that may include artificial-intelligence-enabled chat, summaries, pattern identification, thematic analysis, and other insights (collectively, “Insights”). The App may be used for personal reflection, journaling, well-being tracking, professional development, planning, productivity, caregiving coordination, and similar purposes. You decide what information to enter into the App and whether, when, and how to use any Insights generated through it. We may add, modify, suspend, or discontinue any App feature or functionality at any time.

B.Updates.

We may provide updates, patches, bug fixes, enhancements, or new versions of the App. You acknowledge that failure to install available updates may affect App functionality, security, or compatibility.

C.Beta or Experimental Features.

We may make beta, pilot, preview, or experimental features available from time to time. Such features may be incomplete, unstable, changed without notice, or discontinued at any time.

II.Eligibility; Credentials

A.Eligibility.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to access the App.

B.Credentials.

You may access the App using an Apple ID or another authentication method that we make available. You are responsible for maintaining the security of your device, Apple ID, and for all activity occurring under your account.

C.Unauthorized Use.

You must promptly notify us at support@43rdelement.com if you believe that your device, Apple ID, or access credentials have been compromised or used without authorization.

III.License Grant and Restrictions

A.Limited License.

Subject to your compliance with these Terms, Note Recall grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Apps Terms and Conditions, solely for your personal, non-commercial use, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Your license is also subject to Apple’s Licensed Application End User License Agreement (Standard EULA), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula.

B.Ownership Reserved.

The App is licensed, not sold, to you. Note Recall and our licensors retain all right, title, and interest in and to the App, including all software, source code, object code, designs, text, graphics, interfaces, workflows, databases, content, trademarks, service marks, trade names, trade dress, and all intellectual property and proprietary rights therein, except for User Content.

C.License Restrictions.

You shall not, and shall not permit any other person to:

IV.Fees and Subscriptions

A.Subscription.

The App is offered through an annual subscription. You purchase the App through the Apple App Store, and Apple processes all payments. Note Recall does 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, available at https://www.apple.com/legal/internet-services/itunes/. Unless otherwise disclosed to you at the point of purchase, the current subscription price is $9.99 per year. The price and billing period are shown in the App and on the App Store before you purchase.

B.Automatic Renewal.

Your subscription begins when your purchase is confirmed by Apple. Subscriptions automatically renew for successive annual periods unless you cancel at least 24 hours before the end of the current term. You can manage or cancel your subscription at any time in your Apple ID account settings.

C.Canceling Subscriptions.

You may manage or cancel your subscription through your Apple ID account settings or through the subscription-management functionality made available by Apple. To avoid being charged for the next annual subscription period, you must cancel before the end of the current subscription period. Cancellation does not entitle you to a prorated refund for any unused portion of a subscription period. Deleting the App from your device does not cancel your subscription.

D.Price Changes.

We may change the price of the App or a subscription from time to time; any price change applies only to future purchases or renewals and, for subscriptions, will be disclosed to you before it takes effect. Where required, we will obtain your consent before charging you a changed price. If you do not agree to a price change, you may cancel your subscription before the next renewal date. Continued use of the App after a price change becomes effective constitutes acceptance to the extent permitted by applicable law and Apple’s applicable subscription process.

E.Taxes.

Fees are exclusive of taxes unless otherwise stated. You are responsible for all sales, use, value-added, excise, and similar taxes arising from your purchase or use of paid App features.

V.User Content and Feedback

A.User Content.

The App may permit you to submit, upload, create, store, display or otherwise make available information, Trusted Contact notes, text, images, files and other materials (“User Content”). As between you and Note Recall, you retain ownership of your User Content, subject to the license granted in these Terms.

B.License to Note Recall.

You grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable license to process, display, and otherwise use your User Content solely to operate, provide, maintain, secure, and support the App and related services, and to comply with applicable law.

C.Storage of User Content.

Your User Content is stored locally on your device and/or in your personal third-party cloud storage account, such as iCloud, as applicable. We do not operate servers that store User Content and we do not have access to, or the ability to read, retrieve, recover, export, modify, or delete User Content on your behalf.

D.Backup.

You are solely responsible for maintaining current and complete backup copies of your User Content. Uninstalling the App, disabling or modifying synchronization with iCloud or another third-party cloud storage service, deleting or resetting your device, device loss, theft, damage, malfunction, replacement, or other device or storage failure may result in the permanent loss of User Content. You are responsible for maintaining any backups or copies of User Content that you wish to preserve. We will have no ability to recover lost User Content and will not be responsible for any loss of, damage to, or inability to access User Content resulting from those events.

E.Feedback.

If you provide suggestions, comments, ideas, recommendations, bug reports, or other feedback about the App (“Feedback”), you grant Note Recall a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable right to use, reproduce, modify, distribute, display, perform, commercialize, and otherwise exploit the Feedback for any purpose without compensation or attribution to you.

VI.Privacy and Permissions

A.Privacy Policy.

Our collection, use, disclosure, retention, and protection of personal information in connection with the App are described in our Privacy Policy posted at https://www.43rdelement.com/noterecall/legal/privacy-policy.html.

B.Permissions.

Certain App features may require device permissions, such as access to NOTIFICATIONS, CONTACTS, PHOTOS or CAMERA. You may be able to manage permissions through your device settings, but disabling permissions may limit App functionality.

C.Aggregated and De-Identified Data.

Note Recall may create and use aggregated, anonymized, or de-identified data derived from use of the App for analytics, improvement, security, reporting, business, and lawful purposes, provided such data does not identify you.

VII.Third-Party Services and Content

A.Third-Party Services.

The App may rely on or interoperate with open-source components or third-party platforms, products, devices, operating systems, networks, app stores, telecommunications providers, authentication providers, or other services, including Apple and the App Store (“Third-Party Services”).

B.No Control.

We do not control and are not responsible for Third-Party Services, including their content, availability, accuracy, security, performance, or practices. Your use of Third-Party Services is at your own risk and subject to the applicable third party’s terms. Your use of the App is also subject to Apple’s applicable Media Apps Terms and Conditions, App Store rules, and any other terms that Apple makes applicable to your use of the App Store, your Apple ID, in-app purchases, and subscriptions. These Terms do not provide for usage rules for the App that conflict with the Apple Media Apps Terms and Conditions.

VIII.Intellectual Property

A.Company Marks.

Note Recall’s name, logos, product names, service names, slogans, graphics, and other source identifiers are trademarks or proprietary marks of Note Recall or its licensors. You may not use them without Note Recall’s prior written consent.

B.Reservation of Rights.

Except for the limited license expressly granted in Article III, no right, title, interest, or license in or to the App or Note Recall intellectual property is granted by implication, estoppel, or otherwise.

IX.Disclaimers

A.As-Is Basis.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, INSIGHTS, DEMO MODE, TRUSTED CONTACT-NOTE FEATURE, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOTE RECALL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND NON-INTERFERENCE.

B.No Medical or Professional Device.

You acknowledge and agree that the App is a productivity tool designed solely for notetaking, data organization, and personal use. The App does not provide medical advice, professional diagnoses, opinions, treatments, or services. The Insights generated by the App are not a substitute for professional expertise, judgment, diagnosis, or treatment. Your use of the App, including the input of health-related information or symptoms, does not create a doctor-patient relationship, therapist-patient relationship, or any other professional healthcare relationship between you and Note Recall. You should never disregard professional medical advice, change a treatment plan, or delay seeking medical care because of something you have recorded or analyzed within the App. If you think you may have a medical emergency, call 911 or your local emergency number immediately. If you are in the United States and are experiencing suicidal thoughts, emotional distress, or a mental-health crisis, call or text 988 to reach the Suicide & Crisis Lifeline. If you are outside the United States, contact your local emergency services or crisis-support provider.

C.No Reliance on AI-Generated Outputs.

The App uses artificial intelligence or machine-learning systems to answer chat questions about your notes, tag notes, extract facts, and generate Insights (“AI Outputs”). AI Outputs may be inaccurate, incomplete, misleading, outdated, offensive, or otherwise unsuitable for a particular purpose.

D.User Responsibility.

You are solely responsible for reviewing, evaluating, and independently verifying all AI Outputs before using, sharing, publishing, implementing, or relying on them. AI Outputs are provided for general informational and assistive purposes only and do not constitute professional advice, including legal, medical, financial, tax, investment, engineering, or other regulated or professional advice. Your use of, reliance on, or actions taken based on AI Outputs are at your own risk.

E.No Monitoring.

The App does not monitor your notes, trusted contact-submitted notes, questions, Insights, or other content for emergencies. We do not undertake any duty to identify, intervene in, report, or respond to a potential emergency, safety concern, or crisis.

X.Trusted Contact Notes

A.Inviting Trusted Contacts.

The App may allow you to invite a family member, friend, support person, or other individual (each, a “Trusted Contact”) to submit notes to you through a trusted contact-note feature. A Trusted Contact may receive an invitation by text message made available by the App. A Trusted Contact may accept or decline an invitation. A Trusted Contact is not required to create a Note Recall account or purchase a subscription to submit notes through an accepted invitation.

B.Trusted Contact Access.

Trusted Contacts may be permitted to submit notes to you, but they do not receive access to your account, your personal notes, your Insights, your chat history, or other User Content unless the App expressly indicates otherwise.

C.Authority to Contact.

By inviting a Trusted Contact, you represent and warrant that you have the authority to provide the Trusted Contact’s contact information and to send the invitation. You are responsible for your relationship with each Trusted Contact and for deciding whether the Trusted Contact is appropriate to participate.

XI.Demo Mode

A.Demo Mode.

The App offers a demonstration mode (“Demo Mode”) that contains sample notes, fictional or randomly generated content, and pre-generated or simulated Insights. Content displayed in Demo Mode:

XII.Limitation of Liability

A.Waiver of Consequential Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTE RECALL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, CONTENT, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS.

B.Liability Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NOTE RECALL AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF: THE AMOUNT PAID TO NOTE RECALL FOR THE APP DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR $50.00.

The exclusions and limitations in this Article XII apply regardless of the form of action, whether in contract, tort, strict liability, negligence, statute, or otherwise, and even if Note Recall has been advised of the possibility of the damages.

XIII.Indemnification

A.User Indemnity.

You will defend, indemnify, and hold harmless Note Recall and its affiliates, licensors, service providers, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

B.Procedure.

Note Recall may assume exclusive control of the defense of any matter subject to indemnification by you. You agree to cooperate with our defense and may not settle the matter without our prior written consent.

XIV.Suspension and Termination

A.Termination by You.

You may stop using the App at any time. Deleting the App from your device does not cancel an active subscription; you must cancel through Apple’s applicable subscription-management process.

B.Termination or Suspension by Us.

We may suspend or terminate your access to all or part of the App, with or without notice, if we reasonably believe that:

Upon termination, the license granted to you under these Terms will end. Sections that by their nature should survive termination will survive, including provisions concerning User Content, Feedback, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general terms.

XV.Dispute Resolution

A.Governing Law.

These Terms and any dispute, claim, or controversy arising out of or relating to the App or these Terms are governed by the laws of the State of Georgia, without giving effect to any conflict-of-laws rule that would require application of the laws of another jurisdiction.

B.Good-Faith Resolution.

Before filing any lawsuit, the parties shall attempt in good faith to resolve the dispute by written notice and informal negotiation for at least 10 business days after one party gives the other written notice describing the dispute in reasonable detail.

C.Jurisdiction.

Subject to Section B of this Article XV, the state and federal courts located in Fulton County, Georgia will have exclusive jurisdiction over any dispute arising out of or relating to the App or these Terms, and each party irrevocably submits to the personal jurisdiction of those courts.

D.Injunctive Relief.

Nothing in these Terms prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of intellectual property, confidential information, data, systems, or security credentials.

XVI.Notices and Communications

A.Notices to Us.

Legal notices to Note Recall must be sent to:

43rd Element, LLC
2900 Wadley Ln
Dacula, GA 30019

B.Notices to You.

We may provide notices to you through the App, by email to the address associated with your account, by device notification, or by other reasonable means. You agree that electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by applicable law.

C.Electronic Communications.

By using the App, you consent to receive communications from Note Recall electronically, including through the App and push notifications where permitted and consented to, or notices posted on our website.

XVII.General Terms

A.Entire Agreement.

These Terms, together with the Privacy Policy and any subscription terms presented to you at purchase, constitute the entire agreement between you and Note Recall regarding the App.

B.Severability.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in effect.

C.No Waiver.

Our failure to enforce any provision of these Terms is not a waiver of that provision. Any waiver must be in writing and will be effective only for the specific instance stated.

D.Assignment.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or by operation of law.

E.Third-Party Beneficiaries.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries to these Terms.

F.Apple Terms.

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 Note Recall — not Apple — is solely responsible for the App and its content. Nothing in these Terms is intended to limit rights that you may have under the Apple Standard EULA to the extent it applies and cannot lawfully be disclaimed.

G.Relationship of the Parties.

These Terms do not create any partnership, joint venture, employment, franchise, agency, fiduciary, or similar relationship between you and Note Recall.

H.Headings.

Headings are for convenience only and do not affect interpretation.

I.Contact Us.

If you have questions about these Terms or the App, contact us at support@43rdelement.com.