Terms of Use

SIMPLY SMARTER BY NACD

TERMS OF SERVICE

Effective Date: April 6th, 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14.

Welcome to Simply Smarter by NACD. These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between you and NACD, a Utah nonprofit corporation (“NACD,” “we,” “us,” or “our”), governing your access to and use of the Simply Smarter application, website located at mysimplysmarter.com, and all related services, content, and functionality (collectively, the “Service”).

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Service.

If you are accessing or using the Service on behalf of an organization (such as a school, business, or other entity), you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

2. DEFINITIONS

For purposes of these Terms:

  • “Account” means your registered account with the Service.
  • “Content” means all text, graphics, images, music, software, audio, video, data, and other materials available through the Service.
  • “User Data” means information and data you provide or that is generated through your use of the Service, including progress data and performance metrics.
  • “Subscription” means a paid plan providing access to the Service.
  • “Family Administrator” means the account holder responsible for managing a Family Plan account.

3. DESCRIPTION OF SERVICE

Simply Smarter is a cognitive development program that provides structured activities designed to support cognitive function across all ages. The Service includes access to cognitive development activities (currently 79 activities across Kickstart and Advanced progressions), progress tracking and performance analytics, personalized progression pathways, and multi-user account options.

The Service is designed as a supplementary educational and cognitive development tool. It is NOT a medical device, therapeutic intervention, or substitute for professional medical, psychological, therapeutic, or educational services. See Section 9 for important disclaimers.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

4.1 Age Requirements

Account registration must be completed by an individual who is at least 18 years of age (or the age of majority in your jurisdiction, if higher). The Service is designed for end users of all ages, including children. Parents or legal guardians must create and manage accounts for users under 18 and are solely responsible for supervising their use of the Service.

4.2 Account Responsibilities

You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) immediately notify us of any unauthorized use of your account.

4.3 Account Types

We offer the following account types, each with specific features and limitations:

  • Individual Plan: Single user access
  • Family Plan: Includes 2 users plus a Family Administrator, with the ability to add additional users (maximum 10 users total; Family Administrator does not count toward user limit)
  • School and Organizational Plans: Volume licensing with administrative controls

5. SUBSCRIPTION, PAYMENT, AND AUTO-RENEWAL

5.1 Free Trial

AUTOMATIC CONVERSION TO PAID SUBSCRIPTION: We offer a 14-day free trial for eligible new users. YOU MUST CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD TO AVOID BEING CHARGED. At the end of the trial period, your subscription will automatically convert to a paid subscription at the then-current rate, and your payment method will be charged, unless you cancel before the trial ends.

5.2 Subscription Plans and Pricing

Current subscription pricing is as follows (prices subject to change with 30 days’ notice):

  • Individual Plan: $19.99 per month or $149.00 per year
  • Family Plan: $24.99 per month or $199.00 per year (includes 2 users plus Family Administrator)
  • Additional Family Users: $3.99 per user per month (maximum 10 total users)
  • School and Organizational Plans: Pricing varies by volume; contact us for details

5.3 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration at the then-current subscription rate. Your payment method will be charged at the beginning of each renewal period.

5.4 How to Cancel

You may cancel your subscription at any time by: (a) logging into your account and navigating to Settings > Subscription > Cancel Subscription; or (b) contacting us at simplysmarter@nacd.org. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of that period.

5.5 Refund Policy

Subscription fees are generally non-refundable, and no refunds or credits will be provided for partial subscription periods. However, if you believe you are entitled to a refund due to a billing error or other issue, please contact us at simplysmarter@nacd.org within 30 days of the charge. Refunds may be provided at our sole discretion or where required by applicable law.

5.6 Price Changes

We reserve the right to change subscription prices. Any price changes will be communicated to you at least 30 days in advance and will take effect at the start of your next billing cycle following the notice. Your continued use of the Service after a price change constitutes acceptance of the new price.

5.7 Taxes

Subscription fees are exclusive of all applicable taxes (including sales, use, and value-added taxes), which you are responsible for paying. We will collect applicable taxes where legally required.

6. USER CONDUCT

You agree that you will not:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Share your account credentials with others or allow unauthorized access to your account
  • Access or attempt to access accounts belonging to others
  • Attempt to probe, scan, or test the vulnerability of the Service or breach security measures
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service
  • Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
  • Use any automated system, including bots, scrapers, or data mining tools, to access the Service
  • Misrepresent your identity, age, or affiliation with any person or organization
  • Collect, harvest, or store personal information about other users
  • Use the Service to transmit viruses, malware, or other harmful code
  • Sublicense, resell, rent, lease, or otherwise transfer access to the Service

7. INTELLECTUAL PROPERTY

7.1 Our Ownership

The Service, including all Content, features, functionality, software, code, algorithms, data, and materials, is owned by NACD or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. “Simply Smarter” and the Simply Smarter logo are trademarks of NACD. You may not use our trademarks without our prior written permission.

7.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your personal, non-commercial purposes (or for internal business or educational purposes for organizational accounts). This license does not include the right to: (a) modify, copy, or create derivative works of the Service; (b) sell, resell, license, or distribute the Service; or (c) publicly display or perform any Content.

7.3 User Data

You retain ownership of your User Data. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Data solely for the purpose of providing the Service to you and improving the Service.

7.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and distribute such Feedback for any purpose without compensation or attribution to you.

8. PRIVACY

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at [mysimplysmarter.com/privacy]. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

We are committed to compliance with applicable privacy laws, including the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the General Data Protection Regulation (GDPR) where applicable.

9. IMPORTANT DISCLAIMERS

9.1 No Medical, Therapeutic, or Professional Advice

THE SERVICE IS DESIGNED FOR GENERAL COGNITIVE DEVELOPMENT AND EDUCATIONAL PURPOSES ONLY.

THE SERVICE IS NOT: (a) a medical device; (b) intended to diagnose, treat, cure, mitigate, or prevent any disease, disorder, or medical condition; (c) intended to treat, cure, or remediate any learning disability, developmental disorder, cognitive impairment, or mental health condition; (d) a substitute for professional medical, psychological, neurological, therapeutic, or educational evaluation, diagnosis, or treatment.

INDIVIDUAL RESULTS VARY. The cognitive activities provided through the Service are designed to exercise cognitive functions. We make no representations, warranties, or guarantees regarding specific outcomes, improvements, or results from using the Service. Any testimonials or case studies reflect individual experiences and are not indicative of future results.

CONSULT PROFESSIONALS. Always seek the advice of qualified healthcare, mental health, and educational professionals with any questions regarding your or your child’s cognitive development, learning, or health. Never disregard professional advice or delay seeking it because of something you have read or experienced through the Service.

9.2 “As Is” and “As Available”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

9.3 Third-Party Content

The Service may contain links to third-party websites or resources. We are not responsible for the availability, content, or practices of such third parties. Links do not imply endorsement. Your interactions with third parties are solely between you and the third party.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL NACD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED DOLLARS ($100).

(c) THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NACD and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any content you submit or transmit through the Service.

12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by canceling your subscription (see Section 5.4) and ceasing use of the Service. Termination does not entitle you to any refund of fees already paid.

12.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. We may also terminate accounts that have been inactive for an extended period.

12.3 Effect of Termination

Upon termination: (a) your right to access and use the Service will immediately cease; (b) you will lose access to your User Data (we recommend exporting any data you wish to retain prior to termination); and (c) provisions of these Terms that by their nature should survive termination shall survive, including Sections 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 14 (Arbitration), and 15 (General Provisions).

13. MODIFICATIONS TO TERMS AND SERVICE

13.1 Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by email to the address associated with your account and/or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service before the changes take effect.

13.2 Changes to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

14. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

14.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact us at simplysmarter@nacd.org and attempt to resolve any dispute informally. We will attempt to resolve the dispute through informal negotiation within 60 days from the date of your notice. If the dispute is not resolved within 60 days, either party may proceed to binding arbitration.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved through informal negotiation shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Salt Lake City, Utah, or at another mutually agreed location, or via telephone or video conference if both parties agree.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND NACD 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective, or representative proceeding.

14.4 Exceptions

Notwithstanding the above: (a) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights; (b) claims may be brought in small claims court if they qualify; and (c) this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies that may be able to seek relief on your behalf.

14.5 Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to simplysmarter@nacd.org with the subject line “Arbitration Opt-Out.” Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you may pursue claims in court, but you will still be bound by all other provisions of these Terms.

14.6 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and NACD regarding the Service and supersede all prior and contemporaneous agreements, proposals, and communications.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of NACD.

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and assigns.

15.5 Notices

We may provide notices to you via email to the address associated with your account or through the Service. You may provide notices to us by email at simplysmarter@nacd.org. Notice is effective upon receipt.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity.

15.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16. CONTACT INFORMATION

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

Simply Smarter by NACD

Email: simplysmarter@nacd.org

Website: mysimplysmarter.com

For California residents: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.