Terms of Use

1. Acceptance of Terms

Welcome to SmartEnneagram.com ("SmartEnneagram," "we," "us," or "our"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and SmartEnneagram, operated by Lucas Ayala, governing your access to and use of the SmartEnneagram website located at smartenneagram.com, including all content, features, functionality, and services offered on or through the website (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms apply to all visitors, users, and others who access or use the Service, whether or not they create an account or complete an Enneagram assessment. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes.

2. Eligibility

You must be at least sixteen (16) years of age to use the Service. By using the Service, you represent and warrant that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are between 16 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The Service is intended for use by individuals located in the United States and internationally. By accessing the Service from outside the United States, you acknowledge that your use is governed by these Terms and that you are responsible for compliance with any applicable local laws.

3. Description of Service

SmartEnneagram provides an AI-powered Enneagram personality assessment tool and related educational content. The Service includes:

• Free Enneagram Assessment: A 50-question personality assessment available without charge or account creation
• Premium Adaptive Assessment: An extended 65-question adaptive assessment that supplements the free assessment for a total of 115 questions, providing deeper personality analysis
• AI-Powered Analysis: Per-question psychological analysis powered by three independent AI models: OpenAI GPT-4o, Anthropic Claude Sonnet 3.5, and Google Gemini 1.5 Pro
• PDF Reports: Downloadable personality assessment reports generated from your responses
• Educational Content: Articles, guides, and resources about the Enneagram personality system

3.1 AI-Generated Content

A core feature of the Service is the use of artificial intelligence models to analyze your assessment responses. You acknowledge and understand that:

• AI-generated analysis is produced by third-party AI models (OpenAI, Anthropic, Google) and may contain inaccuracies, inconsistencies, or errors
• AI models may produce different results for similar inputs, and results are not guaranteed to be reproducible
• AI-generated content does not constitute professional psychological advice, counseling, or therapy
• The AI models used may be updated, changed, or discontinued by their respective providers, which may affect the Service
• AI-generated personality assessments are inherently limited and should not be used as the sole basis for any significant personal, professional, or medical decisions

3.2 Free Service and Premium Features

SmartEnneagram offers a free base assessment. Premium features, including the extended adaptive assessment, are available for purchase. In accordance with Federal Trade Commission (FTC) guidelines, we clearly disclose: the free assessment is genuinely free, requires no credit card, and provides meaningful results without obligation to purchase premium features. Premium features are optional enhancements that provide additional depth and analysis.

4. Account Terms and Payments

Certain features of the Service may require you to provide personal information, including an email address, to receive your assessment results. By providing this information, you agree to provide accurate, current, and complete information.

4.1 Payment Terms

Premium features are processed through Stripe, our third-party payment processor. All prices are displayed in Brazilian Reais (BRL). By making a purchase, you agree to Stripe's Terms of Service in addition to these Terms. You represent and warrant that you have the legal right to use any payment method you provide. SmartEnneagram does not store your full credit card information; payment data is handled entirely by Stripe in accordance with PCI-DSS standards.

4.2 Refund Policy

Due to the nature of digital content that is delivered immediately upon purchase, premium assessment results are generally non-refundable once the AI analysis has been generated and delivered. However, if you experience a technical error that prevents delivery of your results, please contact us at [email protected] for assistance. We handle refund requests on a case-by-case basis and are committed to fair resolution of any service delivery issues.

5. User Responsibilities

By using the Service, you agree to the following:

• You will provide honest and accurate responses to assessment questions. The quality and relevance of your results depend entirely on the accuracy of your inputs.
• You will not use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• You will not attempt to reverse-engineer, decompile, or otherwise attempt to extract the source code, algorithms, or scoring methodology of the Service
• You will not use automated systems (bots, scrapers, crawlers) to access the Service without our express written permission
• You will not attempt to interfere with, compromise, or disrupt the Service or its underlying servers and networks
• You will not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• You will not use the Service to collect or harvest personal information of other users
• You assume full responsibility for any decisions you make based on, or influenced by, your assessment results

6. Prohibited Uses — Employment and Screening

SmartEnneagram assessment results are intended solely for personal self-discovery and education. The following uses are expressly prohibited:

• Employment Decisions: You may not use SmartEnneagram results to make hiring, firing, promotion, demotion, or any other employment decisions. Consistent with the Seventh Circuit's holding in Karraker v. Rent-A-Center, Inc., 411 F.3d 831 (7th Cir. 2005), personality assessments that probe for psychological conditions may constitute "medical examinations" under the Americans with Disabilities Act (ADA). SmartEnneagram assessments are not validated for employment screening and their use for such purposes may violate federal and state anti-discrimination laws.
• Tenant Screening: You may not use results to evaluate prospective tenants or make housing decisions
• Educational Admissions: You may not use results to make admissions, placement, or grading decisions
• Insurance or Credit Decisions: You may not use results to determine insurance eligibility, premiums, or creditworthiness
• Legal Proceedings: SmartEnneagram results are not designed or validated for use as evidence in legal proceedings, custody evaluations, or forensic assessments
• Third-Party Assessment: You may not complete the assessment on behalf of another person without their knowledge and explicit consent, and any such results cannot be used against that person

7. Intellectual Property

The Service and its entire contents, features, and functionality - including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, assessment questions, scoring algorithms, and AI analysis frameworks: are the exclusive property of SmartEnneagram or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.1 Your Assessment Results

You retain the right to use, share, and distribute your personal assessment results for personal, non-commercial purposes. You may share your results on social media, discuss them in personal contexts, or reference them in personal writings. You may not commercially redistribute, resell, or publish assessment results in any format that implies endorsement by or affiliation with SmartEnneagram without our prior written consent.

7.2 Content Copyright

© 2025, 2026 SmartEnneagram. All rights reserved. No part of the editorial content, assessment questions, scoring methodology, or AI analysis framework may be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of SmartEnneagram, except as permitted by fair use under U.S. copyright law (17 U.S.C. § 107).

7.3 Enneagram Knowledge

The Enneagram symbol and the general body of Enneagram knowledge are part of the public domain and are not proprietary to SmartEnneagram. Our intellectual property claims apply to our specific expression of Enneagram content, our assessment methodology, question design, scoring algorithms, AI integration approach, and original analysis frameworks - not to the underlying Enneagram system itself.

8. Disclaimers

8.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTENNEAGRAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

8.2 No Professional Advice

SMARTENNEAGRAM DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, OR ANY OTHER PROFESSIONAL ADVICE. The Service is an educational and self-reflective tool only. SmartEnneagram is NOT a healthcare provider, NOT a mental health provider, NOT a licensed counseling service, and is NOT subject to HIPAA, HITECH, or any other healthcare privacy regulation. No doctor-patient, therapist-client, or other professional relationship is created by your use of the Service.

If you are experiencing a mental health crisis, please contact the 988 Suicide & Crisis Lifeline (call or text 988), your local emergency services (911), or a licensed mental health professional.

8.3 Assessment Accuracy

SmartEnneagram does not warrant or guarantee that:

• Assessment results will be accurate, complete, reliable, or error-free
• The AI analysis will correctly identify your Enneagram type or personality characteristics
• Results will be consistent across multiple administrations
• The assessment methodology meets any specific psychometric standards or validity criteria
• The Service will be uninterrupted, timely, secure, or free of viruses or other harmful components

The Enneagram personality system itself, while grounded in a substantial body of literature (including works by Don Richard Riso, Russ Hudson, Claudio Naranjo, Beatrice Chestnut, Helen Palmer, and others), has not been universally accepted by the academic psychology community as a validated psychometric instrument. Our assessment draws from this body of work but makes no claim of clinical validity.

8.4 AI-Generated Content Disclaimer

The AI models used by SmartEnneagram (GPT-4o, Claude Sonnet 3.5, and Gemini 1.5 Pro) are developed and maintained by third parties (OpenAI, Anthropic, and Google, respectively). SmartEnneagram does not control these AI models and cannot guarantee the accuracy, appropriateness, or reliability of their outputs. AI-generated content may contain hallucinations, factual errors, biases, or inappropriate content. You use AI-generated analysis at your own risk.

8.5 User Assumption of Risk

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY DECISIONS, ACTIONS, OR INACTIONS TAKEN BASED ON YOUR ASSESSMENT RESULTS. SmartEnneagram shall not be liable for any consequences arising from your reliance on assessment results, AI-generated analysis, or any content provided through the Service, including but not limited to personal, professional, relationship, career, or health-related decisions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTENNEAGRAM, ITS OWNER, OPERATORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SMARTENNEAGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL SMARTENNEAGRAM'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SMARTENNEAGRAM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless SmartEnneagram, its owner (Lucas Ayala), operators, affiliates, licensors, and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service, including but not limited to your use of assessment results for any purpose prohibited by Section 6
• Your violation of any third-party rights, including intellectual property rights
• Any content or information you provide to or through the Service
• Any decisions, actions, or inactions taken based on your assessment results
• Your violation of any applicable laws, rules, or regulations

11. Third-Party Services

The Service integrates with and relies on third-party services, including:

• OpenAI (GPT-4o) - AI personality analysis
• Anthropic (Claude Sonnet 3.5) - AI personality analysis
• Google (Gemini 1.5 Pro), AI personality analysis
• Stripe. Payment processing
• Resend — Email delivery
• Hostinger - Cloud hosting and database

Your use of the Service is also subject to the terms and privacy policies of these third-party providers. SmartEnneagram is not responsible for the practices or policies of third-party services and shall not be liable for any damages or losses arising from your interactions with third-party services.

12. Copyright Infringement / DMCA

SmartEnneagram respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please send a written notification to our designated DMCA agent at [email protected] containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing and its location on the Service
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the use is not authorized
• A statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. For any matters not subject to the arbitration provision in Section 14, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

Notwithstanding the foregoing, nothing in these Terms shall prevent SmartEnneagram from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights, data security, or other proprietary rights.

14. Dispute Resolution - Binding Arbitration

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

14.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact SmartEnneagram at [email protected] and attempt to resolve any dispute informally for at least thirty (30) days. If we cannot resolve the dispute informally, either party may initiate binding arbitration as described below.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that is not resolved through informal negotiation shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, in the English language, and shall take place in New Castle County, Delaware, or at another mutually agreed location. The arbitrator's decision 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 SMARTENNEAGRAM AGREE THAT EACH PARTY 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 ACTION. Unless both you and SmartEnneagram agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Additionally, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the infringement or misappropriation of intellectual property rights.

14.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending a written notice to [email protected] within thirty (30) days of your first use of the Service. If you opt out, you and SmartEnneagram agree to resolve any disputes in the courts specified in Section 13.

15. California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as described in our Privacy Policy. In accordance with California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The provider of the Service is SmartEnneagram, operated by Lucas Ayala. You may contact us at [email protected]. Complaints may also be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Changes to Terms

SmartEnneagram reserves the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect by posting a notice on the Service or sending notification to the email address associated with your account. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

17. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of SmartEnneagram to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy, Content Policy, and Transparency Policy, constitute the entire agreement between you and SmartEnneagram regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

20. Contact Information

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

• Email: [email protected]
• Website: smartenneagram.com

For legal notices, please send correspondence to [email protected] with "Legal Notice" in the subject line. We will respond to all inquiries within ten (10) business days. Learn more at SmartEnneagram's full library.

© 2025 - 2026 SmartEnneagram. All rights reserved. These Terms of Use were last updated on March 26, 2026.