Terms of Service

Pre-Launch / Private Beta Terms

These Terms govern access to PendLearn's pre-launch website, waitlist, mobile application, AI features, beta firmware, and wearable recorder. By creating an account, joining a beta, pairing a device, or using any PendLearn service, you agree to these Terms.

1. About PendLearn and acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you and Eduintel LLC, a Wyoming limited liability company with Filing ID 2019-000875238, operating the PendLearn brand ("PendLearn", "we", "us", or "our"). Our business address is 30 N Gould St Ste R, Sheridan, WY 82801, USA.

The "Services" include the PendLearn website, waitlist, accounts, mobile application, beta software and firmware, AI assistant, wearable recorder, related accessories, support channels, and any pre-launch features we make available under these Terms.

You accept these Terms when you click to accept them, create an account, join a beta program, use a beta device, pair a device with the application, or otherwise access the Services. If you do not agree, do not use the Services.

If you use PendLearn on behalf of an organization, you represent that you have authority to bind that organization. In that case, "you" includes the organization, except where a provision clearly applies only to an individual consumer.

2. Pre-launch and private-beta status

PendLearn is not yet a generally available commercial service. Access may be limited to waitlist members, invited testers, development partners, or selected institutions. Beta access is provided for evaluation, testing, and product development.

You understand that beta features may be incomplete, experimental, unavailable in some locations, or changed without advance notice. Transcripts, synchronization, device behavior, battery life, AI quality, and data export may not perform consistently. You should not rely on PendLearn as the sole copy of important information.

We may impose usage limits, require updates, reset test accounts, discontinue beta features, recall beta hardware, or end the beta at any time. Participation does not guarantee access to the public product, a particular launch date, or free access after launch.

We will use reasonable care in operating the beta, but no service-level commitment, uptime guarantee, or production warranty applies unless we agree separately in writing.

3. Eligibility and accounts

The current pre-launch service is intended only for people who are at least 18 years old and legally able to enter into a contract. It is not directed to children or high-school students during this beta phase. A future student program involving minors will require separate age checks, guardian permissions, school approvals, and additional terms.

You must provide accurate account information and keep it current. Supported sign-in methods may include email and password, Google Sign-In, and Sign in with Apple. You are responsible for protecting your credentials and paired devices.

You may not share an account in a way that bypasses testing limits, impersonate another person, or allow an unauthorized person to access private transcripts or AI conversations. Notify us promptly at hello@pendlearn.com if you suspect unauthorized access.

We may refuse, limit, or revoke beta access when reasonably necessary to protect users, comply with law, preserve limited testing capacity, or enforce these Terms.

4. The PendLearn services and device

PendLearn is designed to help users capture spoken educational or professional content, convert speech into text, organize transcripts, and interact with AI-generated explanations. It may include recording sessions, voice-activity detection, highlights, search, summaries, explanations, exports, and Reflection Mode.

The wearable records only after the user starts a session or activates a supported live mode. Visual or haptic indicators may show recording or streaming status, but you remain responsible for giving any notice or obtaining any consent required by law or by the rules of the location, institution, class, meeting, or event.

The Services may operate differently depending on whether a paired phone is connected. Audio may be transmitted securely to the phone for temporary processing, or temporarily stored in encrypted form on the pendant until synchronization is available. Further information appears in Section 6 and in the Privacy Policy.

PendLearn does not guarantee that every voice, word, speaker, language, accent, or technical term will be captured accurately. Environmental noise, clothing, distance, microphone placement, battery state, Bluetooth conditions, and device orientation may affect performance.

5. Recording, consent, and responsibility for other people

You are solely responsible for deciding when and where to record or stream audio. Recording laws vary by country, state, province, institution, and context. Some places require consent from every participant; others prohibit recording in specific settings or impose notice, confidentiality, employment, education, healthcare, or data-protection requirements.

Before recording, you must obtain all permissions and give all notices required by applicable law and by any classroom, university, employer, venue, conference, or meeting policy. PendLearn does not obtain consent on your behalf, and a device light or vibration is not a substitute for legally required notice.

You must not use PendLearn to record a person who reasonably expects privacy without lawful authority. You must not record confidential examinations, restricted lectures, private medical consultations, legal consultations, counseling sessions, employment interviews, trade-secret discussions, or protected communications unless you have clear authorization.

You are responsible for the content you capture, the instructions you give the AI, the people whose voices or information appear in the content, and your later use or sharing of transcripts and outputs. Where you determine the purpose of recording other people, you may have independent obligations as a data controller or similar responsible party under applicable privacy law.

If anyone asks you to stop recording, you should stop unless you have a clear lawful basis to continue. You must promptly delete content you are not legally permitted to retain.

6. Audio processing, synchronization, and deletion

PendLearn supports two principal processing paths:

Connected path. When the paired phone is available, audio may be transmitted securely to the phone for temporary processing and transcription. Under the default transcript-only model, temporary audio is deleted after successful processing and the transcript is retained.

Offline path. When the paired phone is unavailable, audio may be temporarily stored in encrypted form on the pendant. When the phone reconnects, the recording is securely synchronized for processing. The pendant retains the recording until the transfer is confirmed, after which it is securely deleted. Temporary audio on the phone is deleted after successful processing, subject to limited retry, backup, security, and legal requirements.

If a connection is interrupted during a session, the device may temporarily store the unsent portion so that the session can be completed after reconnection.

In Reflection Mode, audio is streamed to the connected phone for real-time processing and is not intended to be stored on the pendant. Unless a clearly identified optional audio-retention feature is enabled by the user, the default retained result is the transcript and related AI interaction, not the source audio.

Deletion and synchronization may take time to complete across the pendant, phone, cloud systems, and backups. Once content is deleted, it may not be recoverable. Additional details are provided in the Privacy Policy.

7. AI features and generated content

PendLearn may use artificial-intelligence models supplied by PendLearn and third-party providers, including OpenAI and Google Gemini, to transcribe, summarize, explain, organize, translate, or respond to user questions. AI features may process transcript excerpts, prompts, uploaded images, and other content necessary to answer your request.

AI output is generated probabilistically. It may be incorrect, incomplete, misleading, biased, outdated, or unsuitable for your situation. Transcripts can also contain errors. You must independently verify important facts, quotations, dates, formulas, citations, instructions, and conclusions.

PendLearn is an educational and productivity tool. It is not a substitute for a qualified teacher, doctor, lawyer, accountant, therapist, emergency service, or other professional. Do not use AI output as the sole basis for medical, legal, financial, safety-critical, employment, disciplinary, immigration, or academic decisions.

AI providers may apply their own technical safeguards and usage rules. We may switch providers, route requests between providers, or temporarily disable a provider when reasonably necessary for quality, availability, security, or legal compliance.

We do not promise that AI output is unique or that another user will not receive similar output. Your ability to use output may be limited by law, third-party rights, provider terms, or the rights in source material.

8. Educational use and academic integrity

PendLearn is intended to support understanding, review, accessibility, and personal organization. It must not be used to cheat, impersonate another student, complete a prohibited assessment, evade proctoring, fabricate attendance, submit unreviewed AI output as original work, or violate an institution's academic-integrity rules.

You are responsible for checking whether recording, transcription, AI assistance, or device use is permitted in a particular course, examination, laboratory, workplace, or institution. A teacher or institution may impose stricter rules than these Terms.

When you use AI-generated material in coursework or publications, you must make any disclosure, attribution, verification, or citation required by your institution, publisher, or applicable standards.

9. Your content and permissions to operate the service

"User Content" includes audio, transcripts, notes, prompts, AI conversations, images, feedback, labels, exports, and other material you submit, capture, or create through the Services. As between you and PendLearn, you retain your rights in User Content, subject to the rights of other people and applicable law.

You grant PendLearn a limited, worldwide, non-exclusive license to host, transmit, encrypt, decrypt, reproduce, format, analyze, and otherwise process User Content only as needed to provide, secure, maintain, troubleshoot, and improve the Services; comply with your instructions; enforce these Terms; and meet legal obligations.

The license ends when the content is deleted from active systems, except for limited backup retention, security records, legal holds, de-identified information, and content we must retain by law. We do not acquire ownership of your private transcripts or AI conversations.

You represent that you have the rights and permissions necessary to provide User Content and to authorize this processing. You must not upload or record content that infringes copyright, confidentiality, privacy, publicity, trade-secret, contractual, or other rights.

PendLearn does not use private audio, transcripts, or AI conversations to train general-purpose AI models without your explicit opt-in. We may use de-identified, aggregated telemetry, quality metrics, and feedback that cannot reasonably identify you to improve reliability and performance.

10. Acceptable use

You must not, and must not help anyone else to:

• Use the Services for covert surveillance, stalking, harassment, blackmail, discrimination, intimidation, or unlawful monitoring.
• Record, collect, reveal, or trade another person's private information without lawful authority.
• Use PendLearn to facilitate violence, exploitation, sexual abuse, child abuse, trafficking, terrorism, or other serious wrongdoing.
• Circumvent consent indicators, authentication, pairing, encryption, usage limits, safety controls, or access restrictions.
• Probe, scan, reverse engineer, tamper with, or exploit the Services or hardware except to the limited extent such restriction is prohibited by law or expressly authorized in a written security-testing program.
• Introduce malware, interfere with Bluetooth or network operation, overload systems, scrape accounts, or attempt unauthorized access to data or devices.
• Use the Services to infringe intellectual-property rights, breach confidentiality, violate academic rules, or misrepresent AI output as verified human work.
• Resell, sublicense, rent, or provide the beta Services as a commercial recording or monitoring service without our written authorization.
• Use the device in a way that is unsafe, illegal, or inconsistent with product instructions.

We may investigate suspected misuse, preserve relevant information, restrict features, suspend access, or report conduct to appropriate authorities when reasonably necessary and lawful. We will not routinely monitor private content solely to search for violations.

11. Beta hardware and physical safety

A beta device may be provided as a loan, evaluation unit, prototype, gift, or purchased unit. The status will be stated in your invitation or separate agreement. Loaned or recalled devices remain our property and must be returned when requested using reasonable return instructions.

Prototype hardware has not necessarily completed all production certifications, durability testing, waterproofing validation, battery-life validation, or consumer-product testing. Do not expose it to water, excessive heat, impact, crushing, puncture, metal tools, or incompatible chargers. Stop using it if the enclosure, battery, cable, or charging port appears damaged, swollen, unusually hot, or unstable.

Use only supported cables, chargers, accessories, and charging conditions. Do not wear the device where it could create an entanglement, choking, machinery, sports, traffic, or medical-equipment risk. The device is not a medical device, emergency device, hearing-protection device, or personal-safety alarm.

You must not open, modify, solder, repair, or replace the battery in a beta device unless we expressly authorize you in writing. Unauthorized modification can create fire, electric, privacy, and radio-compliance risks.

To the extent permitted by law, you are responsible for loss or damage caused by deliberate misuse, unauthorized modification, or failure to follow safety instructions. This does not limit mandatory consumer rights or our liability where it cannot legally be limited.

12. Software license, updates, and third-party software

Subject to these Terms, PendLearn grants you a limited, revocable, non-exclusive, non-transferable license to install and use the beta application and firmware solely with authorized PendLearn services and devices for personal evaluation or an approved institutional test.

The software is licensed, not sold. You may not copy, distribute, create derivative works, extract proprietary components, or use the software with unauthorized hardware, except where applicable law expressly permits an activity that cannot be restricted.

We may deliver firmware and application updates through app stores, Bluetooth, or other supported channels. Some updates may be required for security, compatibility, data protection, or continued beta access. Interrupting a firmware update can damage or disable the device.

The Services may include open-source software governed by separate licenses. Those licenses control where they conflict with these Terms for the relevant component.

13. PendLearn intellectual property

PendLearn and its licensors own the Services, device designs, firmware, software, interfaces, branding, models, documentation, databases, inventions, trade secrets, and related intellectual-property rights, excluding User Content and third-party materials.

No right is granted to use the PendLearn name, marks, product appearance, screenshots, confidential beta materials, technical protocols, or unreleased features except as necessary for permitted beta use or with our written permission.

You may not publish benchmark results, teardown details, confidential screenshots, unreleased specifications, security findings, or non-public product information if your beta invitation or separate NDA identifies that information as confidential. You may always make disclosures protected by law, including good-faith reports to regulators or legal counsel.

14. Feedback and beta communications

We may ask you to provide usability observations, bug reports, recordings made specifically for testing, questionnaires, interviews, or other feedback. Participation in a particular research activity is voluntary unless it is an express condition of a limited testing cohort.

You grant PendLearn a perpetual, worldwide, irrevocable, royalty-free right to use, reproduce, modify, and incorporate feedback, suggestions, and ideas without compensation or attribution, provided that we do not publicly identify you without permission.

You agree to receive operational beta communications, including security notices, update requirements, device recalls, data-flow changes, and program changes. Marketing emails are optional and may be unsubscribed from separately.

15. Privacy and security

Our Privacy Policy explains what personal information we collect, the connected and offline audio paths, temporary audio handling, transcript storage, AI-provider disclosures, user rights, and retention. The Privacy Policy is incorporated into these Terms by reference.

We use reasonable administrative, technical, and physical safeguards designed to protect personal information, including encryption where appropriate, access controls, secure communications, and controlled deletion. No system is completely secure, and beta software may contain vulnerabilities. You must protect your device, phone, account, and exported files.

If you believe your account, device, recording, transcript, or other information has been compromised, contact hello@pendlearn.com promptly.

16. Third-party services

The Services may rely on third parties such as Apple, Google, Firebase, cloud-hosting providers, authentication providers, OpenAI, Google Gemini, app stores, email services, and analytics or support tools. Their services may be governed by their own terms and privacy notices.

We are not responsible for third-party services outside our control, but we remain responsible for our own obligations when we use a provider to process personal information on our behalf. Availability or functionality may change if a provider changes or discontinues a service.

Links or integrations do not imply endorsement. You are responsible for reviewing third-party terms where you choose to use an external account or service.

17. Availability, changes, suspension, and termination

You may stop using the Services at any time and may request account deletion through the application or by contacting hello@pendlearn.com. Deleting the app does not necessarily delete your account, cloud data, or recordings remaining on a pendant.

We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, misuse recording functions, fail to return recalled hardware, or if continuation is not reasonably possible. Where appropriate, we will provide notice and an opportunity to export or delete data.

We may change, replace, limit, or discontinue beta features. Before making a material change that significantly affects the processing of personal information, we will provide an updated privacy notice or obtain consent where required.

Sections that by their nature should survive termination remain effective, including intellectual property, feedback rights, disclaimers, limitations of liability, dispute terms, and obligations concerning content recorded before termination.

18. No payments during the current pre-launch phase

The current pre-launch service does not charge a subscription or general service fee. Beta access may be free, invitation-only, or provided under a separate testing arrangement. You are responsible for your own phone, internet, mobile-data, electricity, and compatible equipment costs.

Free beta participation does not guarantee that future products, cloud storage, AI usage, replacement hardware, accessories, or subscriptions will be free. Before introducing a paid service, we will disclose the price, billing period, renewal terms, cancellation method, taxes, and any trial conditions, and we may require acceptance of updated terms.

Any hardware purchase, deposit, crowdfunding reward, institutional pilot, or paid development arrangement is governed by the separate written terms presented for that transaction.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRE-LAUNCH SERVICES AND BETA HARDWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR TESTING. WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, AND ERROR-FREE OPERATION.

We do not warrant that recordings will be complete, that synchronization will always succeed, that transcripts or AI output will be accurate, that deleted data can be recovered, or that the Services will meet the requirements of a particular university, employer, regulator, accessibility program, or professional standard.

Nothing in these Terms excludes warranties, remedies, or statutory rights that cannot legally be excluded. Consumers in the EEA, United Kingdom, Switzerland, and other jurisdictions retain mandatory protections under applicable law.

20. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; intentional misconduct; gross negligence where applicable law prohibits limitation; breach of mandatory product-liability law; or any liability that cannot legally be limited.

For users outside jurisdictions that prohibit the following limitation, PendLearn will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss; loss of profits, opportunity, goodwill, data, content, grades, research, business, or anticipated savings; or losses caused by inaccurate transcription, AI output, failed recording, failed synchronization, unauthorized recording, or your violation of third-party rights.

To the maximum extent permitted by law, our aggregate liability arising from the free beta Services will not exceed the greater of USD 100 or the amount you paid directly to PendLearn for the specific service giving rise to the claim during the twelve months before the event. A separate hardware purchase agreement may provide a different remedy or warranty.

For consumers in jurisdictions that limit contractual exclusions or liability caps, these limitations apply only to the maximum extent permitted by mandatory law. Nothing in these Terms restricts non-waivable consumer rights.

21. Indemnity for misuse

If you use the Services on behalf of a business or institution, you will indemnify and hold PendLearn harmless from third-party claims, losses, and reasonable costs arising from your organization's unlawful recordings, infringement, unauthorized surveillance, violation of academic or workplace policies, or material breach of these Terms, except to the extent caused by PendLearn.

This indemnity does not apply to an individual consumer to the extent it would conflict with mandatory consumer law.

22. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming and applicable United States federal law, excluding conflict-of-law rules. If you are a consumer, this choice does not deprive you of mandatory protections available under the law of your habitual residence.

Before filing a claim, please contact hello@pendlearn.com and provide a description of the issue. We will try in good faith to resolve the dispute informally within 30 days.

For business users, state and federal courts with jurisdiction in Wyoming will have exclusive jurisdiction, unless mandatory law requires otherwise. Consumers may bring proceedings in any court available under applicable consumer law, including courts in their place of residence where required.

Nothing prevents either party from seeking urgent injunctive relief, reporting a concern to a regulator, or using a mandatory consumer-dispute process.

23. Changes to these Terms

We may update these Terms to reflect product changes, security needs, provider changes, legal requirements, or public launch. The effective date appears at the beginning.

For material changes, we will provide reasonable notice through the app, website, or email. Where law requires consent, the change will not apply until consent is obtained. Continuing to use the Services after a non-material update becomes effective constitutes acceptance of the updated Terms.

24. General legal terms

These Terms, the Privacy Policy, your beta invitation, and any separate signed agreement form the entire agreement regarding the pre-launch Services. If a signed agreement conflicts with these Terms, the signed agreement controls for its subject matter.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, financing, corporate reorganization, or transfer of the PendLearn business, subject to applicable privacy law.

If a provision is unenforceable, it will be modified only to the minimum extent necessary, and the remainder will continue in effect. Failure to enforce a provision is not a waiver. Headings are for convenience only.

The English version controls unless local law requires otherwise. Translations are provided for convenience. Electronic communications and acceptance are valid to the extent permitted by law.

25. Contact information

Operator: Eduintel LLC, a Wyoming limited liability company (Filing ID 2019-000875238), operating as PendLearn.

Business address: 30 N Gould St Ste R, Sheridan, WY 82801, USA

General, beta, legal, privacy, and security contact: hello@pendlearn.com

Website: pendlearn.com