Terms of Service & EULA - Adapt Learning

1. Terms of Service

Effective Date: November 5th, 2025

This Terms of Service Agreement ("Agreement") is a binding legal contract between you ("User," "you," or "your") and Adapt Learning, LLC ("Company," "we," "us," or "our"), the owner and operator of the ADAPT mobile application ("App") and any related services (collectively, the "Service").

By downloading, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use the Service.

1. Description of Service

The Service is an educational technology platform that provides users with personalized, niche courses and learning coaches. The content, lesson structures, and coaching responses are generated by a third-party artificial intelligence model (the "AI Service").

2. Eligibility and Age Requirement

You must be at least 16 years of age to create an account and use the Service.

By creating an account, you represent and warrant that:

(a) You are 13 years of age or older.

(b) If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you are using the App with the permission and under the supervision of your parent or legal guardian, who has read and agreed to be bound by this Agreement on your behalf.

We do not knowingly collect information from or direct the Service to children under the age of 13.

3. User Accounts

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for safeguarding your account password (which we do not see) and for all activities that occur under your account.

4. Grant of License

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on a single mobile device that you own or control, solely for your personal, non-commercial educational purposes.

5. Intellectual Property Rights (Company Ownership)

(a) Company Ownership: The Service and its entire contents, features, and functionality (including but not limited to all information, software, source code, object code, algorithms, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are the exclusive property of Adapt Learning, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) No Rights Transferred: This Agreement does not transfer any intellectual property rights from the Company to you or any third party. You acknowledge and agree that you have no right, title, or interest in or to the App or any of its content, except for the limited license explicitly granted in Section 4.

(c) Trademarks: The Company name, the terms "ADAPT," "Adapt Learning," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

6. Acceptable Use Policy

You agree not to, and will not assist, encourage, or enable others to:

(a) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structures, ideas, or algorithms of the App or the underlying AI Service;

(b) Modify, translate, or create derivative works based on the App or any part thereof;

(d) Input any sensitive personal information (such as financial information, health information, social security numbers, or government-issued identifiers) into the Service;

(e) Use the Service to infringe upon the intellectual property rights of any third party.

7. AI-Generated Content and User Inputs

You acknowledge that all educational content is generated by the AI Service and is provided for informational purposes only. You must comply with our AI Generated Content Disclaimer, which is incorporated by reference into this Agreement.

You retain ownership of the original content you submit to the Service ("User Inputs"). By using the Service, you grant the Company a worldwide, royalty-free license to use, reproduce, and transmit your User Inputs to our third-party AI Service provider solely for the purpose of generating a response and providing the Service to you.

8. Subscriptions, Credits, and Payments

a. The Credit System

The Service operates on a digital "Credit" system. Credits are a limited, non-transferable, revocable license to use certain features within the App, such as generating courses and using the AI Learning Coach.

Initial Grant: Upon creating an account, you will receive an initial, complimentary grant of fifty (50) Credits.

Usage: The AI Learning Coach costs one (1) Credit per inquiry. Generating courses will cost a specified amount of Credits, which will be clearly displayed to you in the App at the time of generation.

Earning Credits: You may be able to earn additional Credits by participating in promotional activities, such as our referral program. The terms for such promotions will be specified within the App.

No Monetary Value: Credits are not currency, have no monetary value, cannot be redeemed for cash, and cannot be transferred or sold to any other person or account. All Credits are forfeited if your account is terminated.

b. Subscription Plans

We offer several plans to enhance your experience:

Free Plan: This is the default plan, which includes your initial grant of 50 Credits and the ability to earn more through promotions.

Basic Plan: For a recurring monthly fee, this subscription provides you with a specified allotment of Credits each month. The current price and Credit allotment are displayed on the App's subscription screen.

Unlimited Plan: For a recurring monthly fee, this subscription provides you with unlimited access to course generation and the AI Learning Coach, subject to the Acceptable Use Policy.

c. Payment, Billing, and Automatic Renewal

Payment Processing: All payments for subscriptions ("In-App Purchases") are processed directly by Apple through the App Store.

Billing: We offer monthly subscriptions. The current prices for the Basic Plan (approximately $6.00 USD per month) and the Unlimited Plan (approximately $12.00 USD per month) will be clearly displayed in the App's subscription screen.

AUTOMATIC RENEWAL: Your subscription will automatically renew each month unless you cancel it at least twenty-four (24) hours before the end of your current billing period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

d. Cancellation and Refunds

Cancellation: You must cancel your subscription directly through your Apple ID account settings. We do not have the ability to cancel your subscription on your behalf. To cancel, go to "Settings" > "[Your Name]" > "Subscriptions" on your iOS device.

Refunds: ALL PAYMENTS ARE NON-REFUNDABLE. Because all payments are processed by Apple, you must contact Apple Support directly to request a refund. Any such request is subject to Apple's sole discretion and its own refund policies.

e. Price Changes

We reserve the right to modify our subscription prices at any time. We will provide you with reasonable notice of any price changes by posting the new prices in the App.

9. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE CONTENT GENERATED BY THE AI SERVICE WILL BE ACCURATE, RELIABLE, OR ERROR-FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADAPT LEARNING, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, RESULTING FROM (A) YOUR USE OF THE SERVICE; (B) YOUR RELIANCE ON ANY CONTENT PROVIDED BY THE SERVICE; OR (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Adapt Learning, LLC from and against any claims, liabilities, damages, and expenses arising out of or in any way connected with (i) your access to or use of the Service, or (ii) your violation of this Agreement.

12. Apple App Store Provisions (iOS Compliance)

(a) Acknowledgement: You and Adapt Learning, LLC acknowledge that this Agreement is concluded between you and Adapt Learning, LLC only, and not with Apple Inc. ("Apple"). Adapt Learning, LLC, not Apple, is solely responsible for the App.

(b) Scope of License: The license granted to you is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the App Store Terms of Service.

(c) Maintenance and Support: Adapt Learning, LLC is solely responsible for providing any maintenance and support services. Apple has no obligation whatsoever to furnish any maintenance and support services.

(d) Warranty: Adapt Learning, LLC is solely responsible for any product warranties. In the event of any failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation.

(e) Product Claims: Adapt Learning, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(f) Intellectual Property Rights: In the event of any third-party claim that the App infringes that third party's intellectual property rights, Adapt Learning, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

(g) Third-Party Beneficiary: Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance, Apple will have the right to enforce this Agreement against you.

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising from this Agreement shall be resolved through binding arbitration in Tampa, Florida.

Class Action Waiver: YOU AND ADAPT LEARNING, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Adapt Learning, LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14. Changes to Agreement

We reserve the right to modify this Agreement at any time. We will notify you of any changes by posting the new Agreement in the App and updating the "Effective Date."

15. Contact Information

If you have any questions about this Agreement, please contact us at:

Adapt Learning, LLC
815 Water St, Tampa FL 33602
support@adaptlearning.io

2. End User License Agreement (EULA)

Effective Date: November 5th, 2025

1. Acknowledgement

You and Adapt Learning, LLC acknowledge that this Agreement is concluded between you and Adapt Learning, LLC only, and not with Apple Inc. ("Apple"). Adapt Learning, LLC is solely responsible for the App and the content thereof.

2. Scope of License

The license granted to you for the ADAPT App is limited to a non-transferable license to 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 Services Terms and Conditions.

3. Content and Zero Tolerance Policy (Objectionable Content)

Adapt Learning, LLC has a zero-tolerance policy for objectionable content and abusive users.

(a) You agree not to use the App to generate, upload, post, or share content that is offensive, defamatory, pornographic, hateful, or illegal.

(b) You agree not to use the AI features to generate content that promotes violence, harassment, discrimination, or illegal acts.

(c) Adapt Learning, LLC reserves the right to block, ban, or terminate the account of any user found to be engaging in abusive behavior or generating objectionable content, immediately and without notice.

4. Maintenance and Support

Adapt Learning, LLC is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

5. Warranty

Adapt Learning, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

6. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

7. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

8. Contact Information