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Last updated October 21, 2026
Our apps for iPad and iPhone, smartyearsapps.com and our emails.
smartyearslearning.com, the Smarty Ears Online app, its activities, student and family logins.
Read those terms →This summary helps you find your way; the full terms below are what apply.
These Terms of Service ("terms") are an agreement between you and Smarty Ears, LLC ("Smarty Ears", "we", "us"). They cover:
By downloading or using one of our apps, or by using this website, you agree to these terms. If you don't agree, please don't use them. Section 14 explains that disputes are settled by arbitration, not in court.
Smarty Ears Online has its own terms. It is a subscription you use in a browser, with student information kept on our servers, so its Terms of Service and Privacy Policy apply to it instead. Expressive Go also has its own page with its privacy policy and license terms.
You download our apps, and buy them and anything sold inside them, from Apple. Because of that, Apple's Standard License Agreement for apps applies to each of our apps, and these terms add to it. If the two differ, Apple's agreement governs the license to use the app.
These terms are between you and Smarty Ears, not Apple. Smarty Ears, not Apple, is responsible for our apps, their content, maintenance and support, and for answering any claims about them. Apple has no obligation to provide support for our apps. Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you.
Prices are shown on the App Store, in your local currency, and may change. A few apps sell extra content inside the app. Apple handles every payment: we never see your card or payment details.
Refunds are handled by Apple, under its rules: you can ask for one at reportaproblem.apple.com. We can't issue refunds for App Store purchases ourselves.
Schools and organizations can buy apps in volume through Apple School Manager or Apple Business Manager, under Apple's terms for those programs.
Updates. We update our apps to fix problems and add features, and an update may change or remove features. Apple also changes iOS. We can't promise that every app will keep working on every device or every new version of iOS, or that we will keep offering every app on the App Store. Free apps and free updates may stop being free.
We give you a personal, non-exclusive, non-transferable license to use each app you get from the App Store on the Apple devices you own or control, as the App Store's rules (including Family Sharing) allow. You may use our apps for yourself, and with the children, students, clients and families you work with, at home, at school, in therapy or in a clinic.
You may print or share the reports, worksheets and other results an app makes for the people you work with.
Our apps are tools for speech, language, literacy, communication and hearing. They are not medical devices, and they don't diagnose, treat or cure any condition on their own. Screeners and assessments give information that a qualified professional should interpret together with everything else they know about the person.
Decisions about a person's evaluation, therapy or care belong to them, their family and their professionals. If you have concerns about someone's communication, hearing or swallowing, talk with a speech-language pathologist, audiologist or doctor.
Our apps and this website, and everything in them (software, text, pictures, symbols, recordings, videos, word lists, tests, designs and the way they are put together), belong to Smarty Ears or the companies that license them to us. They are protected by copyright, trademark and other laws. "Smarty Ears" is a registered trademark of Smarty Ears, LLC.
The licenses in these terms let you use our apps and website; they don't give you ownership of them. What you enter in an app (names, notes, scores and your own pictures or recordings) is yours.
You may read this website, share links to it, and print or download pages and free resources for your own use and for the people you work with. Please don't republish or sell them, or remove our name from them.
When you send us a form, comment on the blog or email us, please give accurate information and don't send anything unlawful, offensive or someone else's private information. We may remove blog comments, for example if they are spam, off-topic or unkind.
What we do with the information you send is explained in our Privacy Policy.
We love hearing how you use our apps and what would make them better. If you send us ideas, suggestions or feedback, you agree that we may use them to improve our apps and services, without owing you anything for them. We won't publish your name with your feedback without your permission.
Our apps and website link to other websites and services, such as the App Store, YouTube and our other products. We don't control them and aren't responsible for them; their own terms and policies apply when you use them.
We work hard to make our apps and website accurate and reliable, but we can't promise they will always be error-free, available or right for your purpose.
TO THE FULLEST EXTENT THE LAW ALLOWS, OUR APPS AND THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND SMARTY EARS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
If an app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of that app to you. To the fullest extent the law allows, Apple has no other warranty obligation for our apps.
TO THE FULLEST EXTENT THE LAW ALLOWS, SMARTY EARS, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR APPS OR THIS WEBSITE, EVEN IF FORESEEABLE. OUR TOTAL LIABILITY FOR ANY CLAIM ABOUT AN APP WILL NOT BE MORE THAN THE AMOUNT YOU PAID FOR THAT APP (INCLUDING ANY PURCHASES INSIDE IT) IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, AND FOR ANY OTHER CLAIM UNDER THESE TERMS, FIFTY U.S. DOLLARS (US$50).
Some places don't allow these limits, so some or all of them may not apply to you, and you may have other rights.
You agree to defend and hold harmless Smarty Ears and its affiliates, licensors, service providers, officers, directors, employees and agents from claims, damages, losses and costs (including reasonable attorneys' fees) that come from your breaking these terms or misusing our apps or website.
Most problems can be solved by talking. If you have a dispute with us about our apps, this website or these terms (a "Dispute"), you agree to first try to settle it informally, in good faith, for at least sixty (60) days before either of us starts an arbitration. The sixty days start when one of us receives the other's written notice of the Dispute. Send notices to [email protected] or by registered mail to Smarty Ears, LLC, 3839 McKinney Avenue, Suite 155-2129, Dallas, Texas 75204-3839. We may send notices to the email address on your account or the one you gave us.
If the Dispute isn't resolved that way, either of us may choose to have it finally and exclusively resolved by binding arbitration, and that choice binds the other. This means you and Smarty Ears give up the right to go to court and to have a Dispute heard by a jury. The arbitration will be run by JAMS under its Comprehensive Arbitration Rules and will take place in Dallas County, Texas.
These terms are governed by the laws of the State of Texas and of the United States of America, without regard to conflict-of-law rules. You agree to personal jurisdiction in Texas for any Dispute, and that no arbitration, lawsuit or other proceeding will be brought anywhere other than Dallas County, Texas.
You can stop using our apps and website at any time; deleting an app ends its license. If you break these terms, the licenses in them end, and we may block your use of the website. Sections that by their nature should continue (such as ownership, warranties, liability, disputes and the law that applies) continue after these terms end.
We may update these terms, for example when our apps or the law change. When we do, we change the date at the top of this page, and the new terms apply from then on. If a change is significant, we'll say so on this page before it takes effect. If you keep using our apps or website after a change, you accept the new terms.
Help with an app or this website: [email protected]. Privacy questions: [email protected]. Legal notices: [email protected] or by mail to:
Smarty Ears, LLC
3839 McKinney Avenue, Suite 155-2129
Dallas, Texas 75204-3839
Phone: (214) 253-9196.
