Terms of Service - Outsmartable

Effective Date: February 24, 2026

Please read these Terms of Service carefully before creating an account or using any part of this service. By creating an account, you agree to be bound by these terms.

These Terms of Service ("Terms") govern your access to and use of the Outsmartable ACT Complete service ("Service") provided by Outsmartable LLC ("we," "our," or "us"). By creating an account or using the Service, you agree to these Terms in full.

1. Acceptance of Terms

By creating an account, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not create an account or use the Service.

2. Description of Service

Outsmartable ACT Complete is an online ACT test preparation platform that provides practice questions, study sessions, performance analytics, and related educational content. The Service is provided on an educational basis and is not affiliated with or endorsed by ACT, Inc.

We strive to maintain accurate and up-to-date content, but we make no guarantee that all content is free from errors. ACT test formats, question types, and scoring may change over time, and our content may not always reflect the most current version of the test.

3. Account Registration

You must provide accurate information when creating your account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not share your account with others or create accounts for unauthorized users.

4. Subscriptions and Payment

Certain features of the Service require a paid subscription. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis (monthly or annually, depending on your plan) until you cancel.

Subscriptions automatically renew unless cancelled before the renewal date.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.
Payment processing is handled by Stripe. By providing payment information, you also agree to Stripe's terms of service.
We reserve the right to change subscription pricing with reasonable advance notice.

5. Refund Policy

All subscription purchases are generally non-refundable. However, we may issue refunds at our sole discretion on a case-by-case basis under the following conditions:

Refund requests must be submitted to support@outsmartable.com within 7 days of the charge.
Any approved refund will be for the subscription amount minus applicable payment processing fees (approximately 3%), which are non-recoverable costs we incur regardless of refund.
Partial-period refunds (prorated refunds for unused subscription time) are not provided.
Refunds are not available for subscriptions that have been used to access a substantial portion of the Service's content.

6. Service Availability and Accuracy

We make reasonable efforts to keep the Service available and accurate, but we do not guarantee uninterrupted, error-free access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We are not responsible for any loss or inconvenience resulting from service outages or downtime.

While we work to ensure that practice questions and explanations are accurate, we do not warrant that any specific answer, explanation, or strategy will appear on or guarantee success on the actual ACT exam.

7. No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR ACT SCORE IMPROVEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUTSMARTABLE LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

Your sole and exclusive remedy for any dissatisfaction with the Service — including but not limited to incorrect answers, service errors, outages, or any other issue — is cancellation of your subscription. In no event shall our total liability to you exceed the amount you paid for the Service in the 30 days preceding the claim.

9. Dispute Resolution and Arbitration

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. By agreeing to these Terms, you waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in Summit County, Ohio, or remotely at the arbitrator's discretion. The arbitrator's decision shall be final and binding.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

10. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any conduct we deem harmful to the Service or other users. Upon termination, your access to the Service will cease immediately.

11. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms. We will update the "Effective Date" at the top of this page when changes are made.

12. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law principles.

13. Contact Us

If you have any questions about these Terms, please contact us:

Email: support@outsmartable.com
Outsmartable LLC
PO Box 625
Green, OH 44232