ModLearn Terms of Use
(Authorized Users)

Last Updated: 01/06/2026

These Terms of Use (“Terms”) govern your access to and use of ModLearn’s Garden Retail Badge Program and related services (the “Program”) when you access them as an employee/contractor/authorized user of a ModLearn customer (your “Employer”). ModLearn may provide the Program through third-party systems and may administer those systems on your Employer’s behalf as authorized by your Employer.

By clicking “I Agree” (or otherwise accessing the Program), you agree to these Terms.

1) Parties; Relationship to Employer Agreement

These Terms are between Owen Raisch d/b/a ModLearn (“ModLearn,” “we,” “us”) and you (“you”). Your Employer has a separate written agreement with ModLearn regarding the Program (the “Employer Agreement”). These Terms apply only to your individual use of the Program.

If there is a conflict between these Terms and the Employer Agreement, the Employer Agreement controls as between ModLearn and your Employer.

2) Program Scope; Changes

Your Employer has engaged ModLearn to implement and support the Program for your Employer’s workforce, including access to ModLearn’s badge-content library, analytics dashboard, and support (and any custom content created for your Employer).  

ModLearn may update the Program and these Terms from time to time. If changes are material, ModLearn may require you to re-accept the updated Terms before continuing.

3) Safety Notice; No Professional Advice

ModLearn is not your Employer’s safety program and does not provide legal, medical, or occupational safety advice. Your Employer is responsible for workplace safety, required training, supervision, job assignments, tools, and protective equipment.

Always follow your Employer’s instructions, posted warnings, and your supervisor’s direction. If anything in the Program conflicts with workplace conditions or your Employer’s instructions, stop and ask your supervisor.

4) Third-Party Platforms

The Program may be delivered through third-party platforms not owned by ModLearn (for example, a third-party LMS). Those third-party platforms are operated by their providers. Your Employer may authorize ModLearn to perform administrative actions within those systems on your Employer’s behalf (e.g., uploading content, configuring assignments, managing enrollments) based on your Employer’s direction and approvals.

ModLearn is not responsible for outages, errors, availability, or provider-side failures of third-party platforms.

5) Acceptable Use

You agree to:

  • use the Program only for your Employer’s internal workforce-learning purposes;

  • follow your Employer’s policies while using the Program;

  • not copy, scrape, reverse engineer, disrupt, or attempt to gain unauthorized access to the Program or any accounts/systems;

  • not upload unlawful, infringing, or malicious content.

Your Employer may suspend or terminate your access at any time. ModLearn may suspend access to protect the Program, users, or third-party systems.

6) Content Ownership; Submissions; Sharing

6.1 ModLearn IP

ModLearn retains all intellectual-property rights in and to the Program platform, generic Garden Retail Badge content, and improvements (“ModLearn IP”).  

6.2 Employer Content

Your Employer owns company-specific SOP content and materials created by its employees within the Program (“Employer Content”).  

6.3 License to Host and Process Employer Content

Your Employer grants ModLearn a non-exclusive, worldwide, royalty-free license to host, display, and process Employer Content solely for operating and improving the Program.  

6.4 Content Sharing and Approval Controls

If the Program includes sharing features, only content your Employer expressly approves in-app will be shared. Content marked “Internal Only” will remain accessible solely to your Employer.  

7) Confidentiality

You may have access to confidential information of your Employer or ModLearn. You agree to protect confidential information using reasonable care and to use it only as needed to participate in the Program. This aligns with the confidentiality obligations in the Employer Agreement.  

8) Warranties; Disclaimers

Except as expressly set forth in the Employer Agreement, the Program and all related services are provided “AS IS” and ModLearn disclaims all other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.  

9) Limitation of Liability

To the maximum extent permitted by law:

  • ModLearn will not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the Program; and

  • ModLearn’s total liability arising out of or relating to the Program will not exceed the total amounts paid by your Employer to ModLearn in the twelve (12) months preceding the event giving rise to the claim (or, if lower, the minimum amount required by applicable law).

This limitation is intended to align with the Employer Agreement.  

10) Independent Contractor

ModLearn is an independent contractor to your Employer. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between you and ModLearn.  

11) Governing Law; Arbitration

These Terms are governed by California law (without regard to conflict-of-law principles). Any dispute arising under these Terms that cannot be resolved informally will be submitted to binding arbitration in Sacramento, California, administered by the American Arbitration Association (AAA) under the AAA rules then in effect that the AAA determines apply to the dispute.  

12) Assignment

ModLearn may assign these Terms to an affiliate or successor in interest in connection with a merger, reorganization, or sale of substantially all assets.

13) Severability

If any provision is unenforceable, the remaining provisions remain in full force.

14) Survival

Sections 6 (Content Ownership; Submissions; Sharing), 7 (Confidentiality), 8 (Warranties; Disclaimers), 9 (Limitation of Liability), 11 (Governing Law; Arbitration), 12 (Assignment), and 13 (Severability) survive termination to the extent necessary.

15) Employer Third-Party Beneficiary

Employer Third-Party Beneficiary. Your Employer is an intended third-party beneficiary of Sections 3 (Safety Notice), 5 (Acceptable Use), and 7 (Confidentiality) and may enforce those sections.

16) Contact

Questions about these Terms:

ModLearn (Owen Raisch)

E-Mail: owen@modlearn.ai

ModLearn
520 Westlake Dr.
West Sacramento, CA 95605