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Términos del servicio

Last Revised: December 19, 2025

Smarty Homework LLC
1815 N Orange Ave
Orlando, FL 32804 USA
Email: hello@smartyhomework.com

1. General

These Terms of Service (“Terms”) govern your access to and use of the Smarty Homework website (smartyhomework.com), mobile applications, and related services (collectively, the “Service”). By accessing or using the Service, you acknowledge these Terms and Privacy Policy. Where required by law, a parent or legal guardian must provide consent on behalf of a child. If you do not agree, you may not use the Service.

2. Description of Service

Smarty provides educational and learning-support tools that use artificial intelligence (“AI”) and other technologies to assist students in completing and understanding homework. We may update, modify, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility & Parental Consent

Smarty is designed for use by children, parents, and families. Users under the age of 13 must have a parent or legal guardian’s consent before creating an account or accessing account-based features. Parents and guardians are responsible for supervising their child’s use of the Service and ensuring that all activity complies with these Terms and applicable laws.

By creating or managing a child account, parents grant Smarty permission to collect limited personal and educational information from their child in accordance with our Privacy Policy and the Children’s Online Privacy Protection Act (COPPA).

4. Account Registration

When registering for the Service, you agree to: (i) provide accurate and complete information; (ii) keep your login credentials confidential; (iii) promptly update any information that becomes inaccurate; and (iv) be responsible for all activities that occur under your account.

Smarty reserves the right to suspend or terminate any account that violates these Terms or poses a risk to the Service or other users.

5. Acceptable Use

You agree not to:

  • Use the Service for unlawful, harmful, or deceptive purposes;
  • Attempt to gain unauthorized access to other accounts or Smarty systems;
  • Submit or share content that is offensive, abusive, or infringes on others’ rights;
  • Use the Service to cheat, bypass educational integrity, or misrepresent work as your own;
  • Interfere with or disrupt the Service, servers, or networks;
  • Use any data-scraping or automated methods to extract information from the Service.

Violation of these rules may result in suspension or termination of your account.

 

6. AI-Powered Features

Smarty uses third-party AI providers to deliver personalized learning experiences. Text or audio you submit when using AI features may be processed by third-party providers solely for the purpose of generating responses and supporting system reliability, security, and abuse prevention. Smarty does not use AI interactions to train models, build user profiles, or personalize advertising. You agree not to include sensitive personal information in AI prompts. AI outputs are educational aids only and may contain errors; Smarty is not responsible for any reliance on AI-generated content.

7. Subscriptions, Payments, and Renewals

Certain features of the Service require a paid subscription. Payments made on the web are processed through Stripe; in-app purchases are processed through Apple App Store and Google Play according to their respective terms. Subscriptions automatically renew at the end of each billing period unless canceled before renewal. To cancel or modify your subscription, follow the instructions within your account settings or the app store where you made your purchase.

All fees are non-refundable except where required by law. Refunds for Apple or Google purchases must be requested directly through Apple or Google. Smarty may change subscription pricing at any time, effective for future billing cycles.

8. Educational Data and Content

By using the Service, you grant Smarty a non-exclusive, royalty-free license to use learning data and anonymized, aggregated content solely for the purposes of providing, maintaining, securing, and analyzing the Service. You retain ownership of your original content. Smarty does not sell personal information and only shares data as outlined in our Privacy Policy.

9. Intellectual Property

All Service content, software, and materials (including text, graphics, and logos) are owned by Smarty Homework LLC or its licensors and are protected by applicable intellectual property laws. You may use the Service solely for personal, non-commercial, educational purposes. No other use, reproduction, or distribution is permitted without prior written consent from Smarty.

10. Termination

Smarty may suspend or terminate your account or access to the Service at any time if you violate these Terms or if necessary to protect the integrity or security of the Service. You may close your account at any time by following the instructions within the Service. Upon termination, your right to use the Service ends immediately.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SMARTY HOMEWORK LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMARTY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTY HOMEWORK LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF SMARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTY’S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

This indemnification obligation applies only to parents, guardians, or adult account holders, not to minor children.

You agree to indemnify, defend, and hold harmless Smarty Homework LLC, its affiliates, and their respective employees, officers, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use or misuse of the Service, your violation of these Terms, or your infringement of any rights of another.

14. Dispute Resolution and Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS OR THE SERVICE THAT SEEKS MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. Before starting arbitration, the party seeking arbitration must first send a written Notice of Claim by email to legal@smartyhomework.com describing the dispute, the claim, and the relief sought. Both parties will attempt in good faith to resolve the dispute informally within 30 days. If the dispute is not resolved, it shall be submitted to the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, conducted by a single arbitrator in English. The arbitration may be conducted by phone, video, or in writing, at the choice of the initiating party.

If you do not wish to arbitrate, you may opt out within 30 days of first accepting these Terms by sending an email to legal@smartyhomework.com. Class or collective arbitration and class actions are not permitted. Either party may seek injunctive or equitable relief in court for matters not involving monetary damages.

If the user is a minor, the parent or legal guardian must initiate or agree to arbitration on the child’s behalf.

15. Third-Party Links and Services

The Service may contain links to third-party websites or integrate with external services. Smarty does not control or endorse these third parties and is not responsible for their content, privacy practices, or performance. Your interactions with any third-party service are solely between you and that provider.

16. Modifications to Terms

Smarty Homework LLC may revise these Terms at any time. If changes are material, we will post a notice on our website or app and update the “Last Revised” date above. Your continued use of the Service after any change constitutes acceptance of the new Terms.

17. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Smarty Homework LLC regarding your use of the Service. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not be deemed a waiver of any rights. You may not assign these Terms without prior written consent; Smarty may assign them freely in connection with a merger, acquisition, or sale of assets.

18. Smarty+ Grade Improvement Guarantee

A. Guarantee Scope and Eligibility

Eligibility: Limited to first-time subscribers of Smarty+ only.

Applicable Term: The Guarantee applies only to the first paid month of subscription to Smarty+.

Claim Limit: This Guarantee may be invoked and refunded only once per user/account.

Usage Requirement: The user must demonstrate a minimum of ten (10) hours of logged-in resource use within the first paid month of their Smarty+ subscription.

Applicable Grades: Applies to grades on an official report card for any subject.

B. Defining "Better Grades"

For the purpose of this Guarantee, a user is not eligible for a refund if their grade (letter grade, percentage, or other official metric) in any single subject on the "After" Report Card is higher than the corresponding grade on the "Before" Report Card. Any improvement in a subject's grade, even by a minimum of one (1) point, shall constitute "Better Grades."

C. Claiming the Refund

If the user does not achieve "Better Grades" as defined in Section 2, they may claim a refund of their first month's base subscription fee by satisfying all the following requirements:

  • Documentation Required: The user must submit two (2) official, verifiable report cards:

    • The "Before" Report Card: The final report card immediately preceding the term or semester during which Smarty+ was used.

    • The "After" Report Card: The official final report card for the term or semester during which Smarty+ was used.

  • Proof of Usage: The user must provide documented proof from their Smarty+ account logs confirming that they met the minimum ten (10) hours of logged-in resource use during the first paid month.

  • Submission Deadline: All required documentation (both report cards and proof of usage) must be submitted to Smarty+ (via the designated claims process) within thirty (30) days following the official end date of the term or semester covered by the "After" Report Card.

D. Financial Limits

The refund under this Guarantee is strictly limited to the base subscription fee only for the first paid month of Smarty+. This refund:

  • Excludes taxes, sign-up fees, administrative fees, or any charges beyond the base subscription cost.

  • Is limited to the actual amount paid for the first month's base subscription, even if that amount was a promotional or discounted rate.

19. Contact Information

Smarty Homework LLC
1815 N Orange Ave
Orlando, FL 32804 USA
Email: help@smartyhomework.com
Privacy Inquiries: privacy@smartyhomework.com
Accessibility Inquiries: accessibility@smartyhomework.com

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