Terms of Service
The agreement between you and SmartestDesk ACT. Effective Date: October 24, 2026
These Terms of Service ("Terms") govern your use of smartestdeskact.com and all products offered by Clark Counsel Group, LLC, a Tennessee limited liability company doing business as SmartestDesk ("SmartestDesk ACT," "we," "us," or "our"). By purchasing or accessing any SmartestDesk ACT product, you agree to these Terms. If you do not agree, please do not purchase or access the products.
1. Description of Service
SmartestDesk ACT publishes original test-preparation materials for the ACT. Products include: The Manual, a digital content-review manual (gated, watermarked); The Practice Exam, timed, scored full-length practice forms; and The Bundle, the Manual and the Practice Exam together.
2. License Grant
Subject to your full payment and continued compliance with these Terms, SmartestDesk ACT grants you a personal, non-transferable, non-exclusive, revocable license to access and use the purchased materials for your own individual examination preparation only, for the duration of your access window.
3. Restrictions on Use
You agree NOT to:
- Share, redistribute, sell, sublicense, or transfer your access code or any portion of the materials to any other person.
- Copy, screenshot, photograph, print, or otherwise reproduce the materials except for your own personal study annotations within a single device session.
- Reverse-engineer, decompile, scrape, or attempt to bypass any access control, watermark, or device limit.
- Use the materials to train artificial-intelligence models or for any commercial purpose.
- Use automated tools, bots, or scripts to access the materials.
- Misrepresent your identity when registering for access.
Violation of any restriction is grounds for immediate, irrevocable revocation of access without refund and may subject you to legal action.
4. Intellectual Property
All SmartestDesk ACT materials — including text, design, layout, illustrations, original content, and the underlying technology — are the exclusive property of Clark Counsel Group, LLC d/b/a SmartestDesk, and are protected by United States and international copyright, trademark, and other intellectual property laws. Every page you read is watermarked with your name as both a personal mark and a traceable safeguard.
5. Access Window
Your access begins on the date your unique access code is issued and runs for ninety (90) days for the Manual, the Practice Exam, and the Bundle alike. The material is written to the ACT as it stands on the review date shown. Extensions may be granted at the publisher's sole discretion in cases of documented medical or family emergency; email support@smartestdeskact.com with supporting documentation.
6. Device Limits
Each access code may be activated on a maximum of two (2) devices within the access window — for example, a laptop and a tablet — while preventing the sharing of codes among multiple individuals. Activations are not reset or transferred under any circumstances, including the loss or replacement of a device, clearing of browser data, or switching browsers on the same device. Because the access window is itself time-limited, this is a per-window protection against unauthorized sharing, not a lifetime restriction.
7. Refund Policy
All sales final. Because SmartestDesk ACT products deliver immediate access to proprietary digital materials, no refunds will be issued once an access code has been activated, the materials have been viewed, or any portion has been downloaded.
The Manual and the Practice Exam are sold separately and each is independent — purchasing the Manual does not include the Practice Exam, and purchasing the Practice Exam does not include the Manual. To receive both, please select the Bundle. If technical issues prevent you from accessing the materials within forty-eight (48) hours of purchase and SmartestDesk ACT is unable to resolve the issue, you may request a refund by emailing support@smartestdeskact.com. Refund decisions are at our sole discretion.
7a. Exam Renewal
If you bought SmartestDesk ACT's Practice Exam or Bundle, sat the official exam after your purchase, you may renew the Practice Exam at one-half of its current price. See the Exam Renewal section of the Refund Policy for what qualifies.
8. Disclaimer of Warranties
SmartestDesk ACT products are educational support tools. We do not guarantee that use of any SmartestDesk ACT product will result in passage of, or any particular score on, any examination. Examination outcomes depend on many factors outside our control. SmartestDesk ACT products are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
9. Limitation of Liability
To the fullest extent permitted by law, SmartestDesk ACT's total liability to you for any claim arising from or relating to your purchase or use of any product shall not exceed the amount you paid for the product. In no event shall SmartestDesk ACT be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, examination outcomes, or employment opportunities.
10. Termination
We reserve the right to revoke your access without refund if you violate these Terms. You may discontinue use of the Service at any time, though no refund will be issued for unused portions of your access window.
11. Trademark Notice
ACT® is a registered trademark of ACT Education Corp. SmartestDesk ACT is not affiliated with, endorsed by, or sponsored by ACT Education Corp. SmartestDesk ACT is an independent test-preparation publisher producing original materials. This product does not contain actual ACT examination items.
12. Governing Law
These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws principles. Any dispute shall be brought exclusively in the state or federal courts located in Shelby County, Tennessee, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the Effective Date at the top of this page. Continued use of the Service after changes constitutes acceptance of the new Terms.
14. Contact
Questions about these Terms: support@smartestdeskact.com. Mailing address: Clark Counsel Group, LLC d/b/a SmartestDesk, 1910 Madison Ave #2435, Memphis, TN 38104, United States.
Privacy Policy
How SmartestDesk ACT collects, uses, and protects your information. Effective Date: October 24, 2026
This Privacy Policy describes how Clark Counsel Group, LLC, doing business as SmartestDesk ("SmartestDesk ACT," "we," "us," or "our"), collects, uses, and shares information when you visit smartestdeskact.com or purchase any SmartestDesk ACT product (the "Service"). By using the Service, you agree to the practices described here.
1. Information We Collect
Provided directly: your full name (as entered at checkout), email address, billing address, and payment information (processed by Stripe — we do not store full card numbers). Collected automatically: IP address and approximate location, browser type and device characteristics, a random device identifier stored as a cookie in your browser (used to enforce the two-device limit and detect unauthorized sharing), and access timestamps. From third parties: payment confirmation from Stripe, including the last four digits of your card, billing address, and transaction status.
2. How We Use Your Information
- Deliver your purchase: generate your unique access code, show it on your payment confirmation page, and grant access. Stripe emails your payment receipt.
- Process payments via Stripe.
- Protect our intellectual property: enforce device limits, detect unauthorized sharing, and watermark content with your name.
- Communicate about your purchase and provide support.
- Maintain records for tax, accounting, and legal compliance.
3. How We Share Your Information
We share limited information only with the service providers necessary to operate the Service — Stripe (payment processing), Netlify (hosting), and Cloudflare (DNS and email forwarding). We do not sell, rent, or trade your personal information to third parties for marketing or any other purpose. We may disclose information when legally required, or to protect our rights, property, or safety.
4. Cookies and Local Storage
SmartestDesk ACT uses two first-party cookies — a random device identifier and a sign-in session — to keep you signed in during your window and enforce the two-device limit, and your browser's local storage to remember your place in the reader, your watermark name, your Writing draft, and an agent's referral code for sixty days if you arrived through an agent's link. We do not use third-party tracking cookies, analytics, or advertising trackers.
5. Data Security & Retention
Payment data is handled by Stripe under its own security standards; we retain order and access records as needed to operate the Service and meet legal obligations. No method of transmission or storage is perfectly secure, but we take reasonable measures to protect your information.
6. Your Choices & Contact
You may request access to or deletion of your personal information, subject to records we must retain by law, by emailing support@smartestdeskact.com. Mailing address: Clark Counsel Group, LLC d/b/a SmartestDesk, 1910 Madison Ave #2435, Memphis, TN 38104, United States.
Refund Policy
Effective Date: October 24, 2026
All sales final. Because SmartestDesk ACT products deliver immediate access to proprietary digital materials, no refunds will be issued once an access code has been activated, the materials have been viewed, or any portion has been downloaded.
The Manual and the Practice Exam are sold separately and each is independent. Purchasing the Manual does not include the Practice Exam, and purchasing the Practice Exam does not include the Manual. To receive both, please select the Bundle.
Technical exception. If technical issues prevent you from accessing the materials within forty-eight (48) hours of purchase and SmartestDesk ACT is unable to resolve the issue, you may request a refund by emailing support@smartestdeskact.com. Refund decisions are at our sole discretion.
Exam Renewal
If you bought SmartestDesk ACT's Practice Exam or Bundle, sat the official exam after your purchase, you may renew the Practice Exam at one-half of its current price, rounded up to the whole dollar.
To qualify:
- Send your proof to support@smartestdeskact.com from the email address you used at checkout, within thirty (30) days of the test date shown on your result.
- Your proof must be the exact email of your official test result, forwarded unedited and unaltered, showing your name, the exam, the test date and the result. If the testing body gives no email, send an unaltered photo or PDF of the full official report. An edited, retyped, cropped or altered result is not accepted.
- Your name on the result must match your order.
What you receive. After we confirm your proof, we send you a checkout for the Practice Exam at that price. You receive a new access code running 90 days and 2 devices from the date you pay. The renewal covers the Practice Exam only; it does not include the Mastery Manual.
Terms. One renewal for each sitting. A renewal is a new purchase at a reduced price, not a refund, and is final once its code is used. Your earlier code keeps only the time it has left. We use your proof only to confirm your request. A renewal is not a promise of any score or result. We may decline a request that does not meet these terms.
This Refund Policy forms part of, and should be read together with, the SmartestDesk ACT Terms of Service.
