GetSmart!

Welcome to GetSmart!, a product of Imperia Middleware. By using the GetSmart! app, you agree to these Terms of Service. If you do not agree, you must quit the app.

1. Acceptance of Terms

By accessing or using the GetSmart! app, you explicitly agree to be bound by these Terms of Service and by our Privacy Policy (incorporated herein by reference). If you do not agree, you must not use the app. Your consent to these Terms will be recorded with a timestamp and stored in perpetuo. You represent that you are at least 13 years of age.

2. License Grant

We grant you a limited, non-exclusive, non-transferable license to use the GetSmart! app for personal, noncommercial use in accordance with these Terms. You may not reverse-engineer, modify, resell, or redistribute the app. In the event of any conflict between these Terms and the Apple Licensed Application End User License Agreement (Standard EULA), the Apple Standard EULA shall govern. Nothing in these Terms shall be construed to limit Apple's rights or remedies under the Standard EULA.

3. No Warranties

Imperia Middleware hereby disclaims all warranties and conditions, express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. No oral or written information or advice given by Imperia Middleware or its representatives shall create a warranty. Should the app prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory consumer rights, so these exclusions and limitations may not apply to you.

4. Limitation of Liability

To the maximum extent permitted by applicable law, Imperia Middleware shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of or inability to use the app. Our total liability to you shall not exceed the greater of fifty dollars ($50.00) or the minimum amount required by applicable law, in accordance with the Apple Standard EULA. To the extent permitted by applicable law, you agree that monetary damages as limited herein shall constitute a sufficient remedy, and you waive any right to seek injunctive or other equitable relief, except where such waiver is prohibited by the laws of your jurisdiction.

5. Force Majeure

Imperia Middleware shall not be liable for any delay or failure to perform obligations under these Terms where such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, war, terrorism, civil unrest, pandemics, technical failures, or disruptions in third-party services.

6. User Conduct and Prohibited Uses

You agree not to use the app for any unlawful purpose, including but not limited to fraud, harassment, or incitement to criminal activity. You agree not to submit content that: threatens or promotes violence against individuals or groups; constitutes hate speech based on race, ethnicity, nationality, religion, sexual orientation, gender, disability, or any other protected status; contains sexually explicit, pornographic, or obscene material; encourages self-harm, suicide, or dangerous activities; violates the intellectual property rights, privacy rights, or other legal rights of any third party; promotes or facilitates the use of illegal substances or activities; contains false, misleading, or deceptive claims or statements; or is intentionally designed to provoke, bully, or harass individuals or groups. You agree not to attempt to interfere with the app's normal operation, including through hacking, scraping, unauthorized API usage, or circumventing security measures, or to use the app in a manner that violates any applicable local, state, national, or international law or regulation.

7. Data and Privacy

Your use of the app is also governed by our Privacy Policy, which explains how we collect, use, and safeguard your information. Our Privacy Policy can be found in the app settings and on this page. Your submitted actions are evaluated using third-party artificial intelligence services. Details regarding these services and your data are described in our Privacy Policy.

8. Termination

We reserve the right to terminate or suspend your access to the app at our sole discretion. If an email address was provided by the user, we will attempt to give notice of impending suspension to that email address, except in cases where we believe that undue delay could occasion harm to the interests of Imperia Middleware, other GetSmart! users, other entities, or the public at large. Terminations or suspensions may be appealed by emailing us at support@imperiamiddleware.com. Termination under the Apple Standard EULA may occur automatically upon breach, and such termination shall be effective regardless of any appeal procedures described herein.

9. Illegal Content, Child Sexual Abuse Material, and Moderation

9.1 User-Generated Images. Users may be permitted to upload a profile image as part of their participation in the App. All images are subject to automated content moderation using third-party services. Images are not guaranteed to be reviewed by a human moderator.

9.2 Prohibited Content. Users are strictly prohibited from uploading any content that violates applicable law, including but not limited to child sexual abuse material (CSAM), exploitative images of minors, nonconsensual explicit material, or other unlawful or abusive content.

9.3 Reporting and Compliance. We comply with 18 U.S.C. § 2258A, and any content reasonably suspected to be CSAM will be reported to the National Center for Missing & Exploited Children (NCMEC) and, where appropriate, law enforcement.

9.4 Your Responsibility. If you encounter content that you believe may be illegal or abusive, you may report it through the in-app reporting mechanism or by contacting us at support@imperiamiddleware.com.

9.5 Retention and Disclosure. We may preserve or disclose user content if required by law, legal process, or in good faith belief that such action is necessary to enforce these Terms, respond to a legal claim, or protect others.

9.6 Moderation Limitations. While we make reasonable efforts to identify and remove illegal content, no moderation system is perfect. By using the App, you acknowledge that some content may be flagged in error, or not flagged when it should be. You agree not to upload any content that you would not be willing to have permanently reviewed and potentially disclosed to law enforcement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Imperia Middleware, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising from or relating to your use or misuse of the app, your violation of these Terms, or your infringement of any rights of a third party.

11. Governing Law and Venue

Except as otherwise required by the Apple Standard EULA, which provides that disputes with Apple shall be governed by the laws of the State of California and adjudicated in Santa Clara County, California, these Terms shall otherwise be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. For clarity: (i) disputes between you and Apple are controlled by Apple's EULA governing law and forum; (ii) disputes between you and Imperia Middleware are subject to Delaware law and the dispute resolution provisions of these Terms.

12. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the GetSmart! app shall first be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in Delaware before a single arbitrator. Filing fees and arbitration costs shall be allocated in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect. Judgment on the arbitration award may be entered in any court having jurisdiction.

If arbitration is unavailable, unenforceable, or otherwise not applicable for any reason, you agree that the dispute shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware. You hereby consent to the personal jurisdiction and venue of such courts.

You agree that all claims will be brought on an individual basis, and that you shall not participate in any class action or representative proceeding. You hereby waive any right to a jury trial or to participate in a class action lawsuit against Imperia Middleware. If this waiver is unenforceable in any jurisdiction, claims must still proceed individually.

13. Modifications

We reserve the right to update or modify these Terms at any time. If we make material changes (changes significantly affecting your rights or obligations), we will notify users via the app or email. Continued use of the app after changes constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of the remaining provisions.

15. Compliance with Apple Terms

You acknowledge that your use of the GetSmart! app is also subject to Apple's Licensed Application End User License Agreement (Standard EULA). You agree to comply with all applicable third-party terms of agreement when using the app, including those of Apple Inc. and any External Services accessed through the app.

Contact: support@imperiamiddleware.com

1. Introduction

Imperia Middleware ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy outlines our practices regarding the collection, use, disclosure, and protection of your information when you use the GetSmart! app ("the app"). This policy aligns with our Terms of Service and our Security and Data Protection Policy (SDPP).

2. Information We Collect

When you use GetSmart!, we may collect the following types of information:

Account Information: Email address, user-generated goals, subscription details, payment status, and other information you elect to provide.

User Inputs: Text queries or actions you submit for evaluation.

Demographic and Personal Information: Name, birthdate, location (city, state/province, postal code), gender identity, other identities, job title, annual income, prior IQ test scores (optional), and other questionnaire responses you voluntarily provide.

Device, Usage and Security Information: Device type, operating system, usage data, and app interactions; device identifiers (IDFV), cryptographic public keys used for request authentication, and security-related metadata such as nonces and timestamps.

Social and Engagement Data: Display name, nickname, leaderboard participation, board entries, streaks, trophies, and weekly summary data.

3. How We Use Your Information

We use your personal data to: provide and improve app functionality and user experience; evaluate user-submitted queries or actions; manage subscriptions, billing, and account services; maintain leaderboards and social engagement features; communicate with users regarding updates, security alerts, and promotional offers (if opted-in); conduct research and analysis to better understand user interactions, connections, and social patterns within the app; enforce our Terms of Service and policies, including moderation and safety monitoring; and provide personalized analysis and summaries (if opted-in). GetSmart! does not currently display third-party advertisements. In the event that this changes, this policy will be updated to reflect that your data may be shared with third-party advertisers (only if opted-in).

4. Data Sharing and Disclosure

We do not sell your personal data. We may share your information with:

Service Providers: Third parties who assist with app functionality, secure data storage, identity management and authentication, analytics, cloud hosting and infrastructure providers, in-app subscription verification and management, or customer support services; including but not limited to Apple, Amazon Web Services, and Google Cloud Platform. When sharing data with third-party service providers, we ensure they maintain equivalent or stronger data protection standards to protect your personal data and restrict their use of your data solely to the purposes for which we engage them, to the extent possible.

Advertising Partners: We do not currently share data with advertising partners. If this changes, we will update this policy and obtain your consent where required.

Emergency and Legal Disclosure: We may disclose your personal information without your prior consent if we reasonably believe such disclosure is necessary to prevent imminent harm to Imperia Middleware, GetSmart! users, other entities, or the public; or to comply with urgent law enforcement requests, legal processes, court orders, or regulatory obligations.

Record Retention and Tombstoning: We retain your personal data only as long as reasonably necessary for the purposes stated in this Privacy Policy or as required by law. Upon account deletion, minimal identifying information is retained in perpetuity as a cryptographically hashed record ("tombstone") solely for compliance, security, and auditing purposes.

Artificial Intelligence Service Providers: Your submitted actions, user-generated goals, and related contextual information (such as timezone) will be transmitted to OpenAI, Anthropic or Perplexity ("the Providers"), third-party artificial intelligence providers, for the purposes of evaluating and scoring your actions, generating explanations, content moderation, and producing weekly summaries and insights. The Providers process this data in accordance with their own data processing terms. We do not transmit your name, email address, or other directly identifying information to the Providers. You will be asked to provide explicit consent before your data is first transmitted to any third-party AI provider, and you may withdraw that consent at any time through the app settings. Because GetSmart!'s core functionality depends on third-party AI processing, withdrawing this consent will prevent the app from functioning. You may choose to deactivate your account if you no longer wish to use the service.

5. User Rights and Choices

Under applicable laws, including GDPR and CCPA, you have rights to access, rectify, delete, port, restrict, or object to our processing of your data, and opt-out of the sale or sharing of your data, which you can exercise by emailing support@imperiamiddleware.com. You can also manage your privacy preferences through the app settings. You have the right to withdraw any consent you previously provided regarding processing of your personal data. Withdrawal of consent will not affect the lawfulness of data processing activities conducted prior to your withdrawal.

6. Data Security

We implement industry-standard security methods to safeguard your information. However, please note that no method of transmission or electronic storage is entirely secure. You acknowledge the inherent risks of data transmission over the internet. In the event of a suspected or actual data breach involving your personal information, we will notify you and applicable regulatory authorities as required by law, including, where applicable, providing details of the breach and steps we have taken or will take to mitigate its impact.

7. Children's Privacy

GetSmart! is not intended for users under the age of 13 years and complies fully with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal data from individuals under 13. If we become aware that we have collected data from a child under 13, we promptly delete that data. If you believe we have inadvertently collected information from a child under 13, please contact us immediately at support@imperiamiddleware.com, and we will promptly delete the data.

8. Content Moderation and Legal Reporting

As part of our legal obligations and efforts to ensure user safety, we may process images and other user-submitted content using automated moderation systems, including systems capable of identifying illegal content such as child sexual abuse material (CSAM). Where content is flagged as potentially illegal or abusive, we may: review the content using a human moderator; retain the content in accordance with applicable law; and report the content, along with associated metadata (e.g. IP address, account ID, upload time), to the National Center for Missing & Exploited Children (NCMEC) or law enforcement under 18 U.S.C. § 2258A. You consent to this limited processing and disclosure as a condition of using the App.

9. International Data Transfers

Your personal information may be transferred to and processed in countries outside your home jurisdiction, including the United States, where data protection laws might differ from those in your jurisdiction. By using the app and providing your personal information, you explicitly consent to this transfer, processing, and storage of your information, and you acknowledge that the privacy protections at your data's destination may not be equivalent to those of your jurisdiction. Where required by applicable law, we rely on appropriate legal mechanisms for international data transfers, which may include your explicit consent, Standard Contractual Clauses, or other safeguards recognized under applicable data protection laws.

10. Third-Party Links

Our app may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. Please review their privacy policies directly.

11. Warrant Canary

As of March 2026, GetSmart! has not received: any National Security Letter; any order under the USA PATRIOT Act, the Foreign Intelligence Surveillance Act, or similar statutes; or any other request or mandate from a government authority that would compel us to provide customer data in a manner that we are prohibited from disclosing. We publish this statement on a periodic basis. If this section is removed or no longer updated, users should understand that the circumstances described above may have changed.

12. Policy Changes

We may update this Privacy Policy periodically to reflect changes in our data handling practices or applicable laws. Material changes will be communicated via the app or email. Continued use of GetSmart! after such notifications constitutes your acceptance of these changes.

13. Contact Information

For privacy-related questions or to exercise your rights, contact us at support@imperiamiddleware.com.