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TERMS OF SERVICE
AWARE SYSTEMS INC. · TERMS OF SERVICE
⚖️ LEGAL COMPLIANCE · 2026

Please review each section of our Terms of Service and Compliance policies. Tap any section to read the full terms. Your acceptance is required to create and maintain a BreakSmarter™ account.

01
Acceptance of Terms

By creating an account, accessing, or using BreakSmarter™, you agree to all current Terms of Service, Privacy Policies, and any future updates made by Aware Systems Inc. or the BreakSmarter™ development team.

These terms constitute a legally binding agreement between you and Aware Systems Inc. Use of the platform after any modification to these terms constitutes acceptance of the revised terms.

If you do not agree to these terms, you may not access or use BreakSmarter™.

02
Tournament & Venue Compliance

BreakSmarter™ is designed for use during approved tournament breaks — away from active live hands — unless explicitly permitted by your tournament organizer or venue.

Tournament rules vary by venue, host, and event. Players are solely responsible for confirming approved device usage and note-taking policies before using BreakSmarter™ during live events.

BreakSmarter™ is not an RTA (Real Time Assistance) tool. It does not provide live in-hand decision assistance. All AI analysis is intended for break-time preparation only.

Aware Systems Inc. is not responsible for any penalties, disqualifications, or rulings resulting from the use of this platform at a tournament venue.

03
Break-Only AI Usage

The AI coaching features of BreakSmarter™ — including Tournament Buddy™, Cash Buddy™, Aware Buddy™, Table Buddy™, and Note Buddy™ — are intended exclusively for use during approved break periods.

These tools provide general strategic guidance, GTO frequency references, and emotional coaching. They do not solve specific hands in real-time and are not designed to be used during live play.

By using AI features, you confirm you are on a legitimate break from active play and are using the platform in compliance with your venue's policies.

04
Game Integrity & Responsible AI Use

BreakSmarter™ is committed to the integrity of the game. Users agree to use this platform only in ways that comply with all applicable tournament rules, casino policies, and poker governing body regulations.

Using AI assistance during live play where prohibited constitutes a violation of these terms and may result in immediate account termination.

Aware Systems Inc. reserves the right to cooperate with tournament officials and venues in investigating suspected misuse of the platform.

05
User Responsibility & Liability Waiver

BreakSmarter™ provides information and coaching tools for educational and preparation purposes only. All poker decisions, strategies, and outcomes are solely the responsibility of the user.

Aware Systems Inc. makes no guarantees about poker results, winnings, or performance improvements from using this platform. Past results of any player, including the founder, do not guarantee future results.

To the maximum extent permitted by law, Aware Systems Inc. is not liable for any losses — financial or otherwise — resulting from use of or reliance on this platform.

06
No Gambling or Financial Guarantees

BreakSmarter™ is not a gambling platform and does not facilitate wagering of any kind. The platform provides coaching tools for poker players.

No financial returns, winnings, or profit guarantees are expressed or implied. Poker involves risk and variance beyond any coaching tool's influence.

Users acknowledge that improvement in poker performance is not guaranteed and that responsible bankroll management remains their personal responsibility.

07
Emotional Awareness Disclaimer

Emotional tracking, Aware Buddy™ feedback, tilt indicators, and behavioral insights are educational and awareness-based tools only. They are not medical, psychological, addiction-treatment, or mental-health services.

BreakSmarter™ is not a substitute for professional mental health care. If you are experiencing significant emotional distress, please seek appropriate professional support.

Emotional state data entered into the platform is encrypted, stored privately, and used solely to improve your AI coaching quality. It is never shared with third parties.

08
Problem Gambling Disclaimer

BreakSmarter™ is intended for recreational and professional poker players who play responsibly. If you or someone you know has a gambling problem, please seek help immediately.

  • National Problem Gambling Helpline: 1-800-522-4700
  • National Council on Problem Gambling: ncpgambling.org
  • Gamblers Anonymous: gamblersanonymous.org

Aware Systems Inc. supports responsible gaming. The platform includes responsible gaming features including session tracking, buy-in monitoring, and time-at-table awareness.

If you believe your gambling is becoming problematic, please set personal limits and seek support before continuing to use this platform.

09
Token & Digital Reward Disclosure

AI Tokens are digital credits used to access AI coaching features within BreakSmarter™. They have no cash value and cannot be refunded, transferred, or exchanged for currency.

Tokens expire in accordance with your plan terms. Unused tokens from a Free plan do not roll over. Paid plan tokens may roll into upgraded plans as specified at time of purchase.

Aware Systems Inc. reserves the right to adjust token values, pricing, and platform access with reasonable notice. All purchases are subject to our refund policy available at breaksmarter.com.

Subscription plans are billed monthly and may be cancelled at any time. Cancellation takes effect at the end of the current billing period.

10
Right to Modify or Restrict Access

Aware Systems Inc. reserves the right to modify, suspend, or discontinue any part of BreakSmarter™ at any time, with or without notice, for any reason including but not limited to maintenance, legal compliance, or business changes.

We reserve the right to terminate or suspend any account that violates these terms, engages in abuse of the platform, or uses AI features in a manner inconsistent with game integrity.

These terms are governed by the laws of the United States. Any disputes arising from use of BreakSmarter™ shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

By continuing to use BreakSmarter™, you acknowledge you have read and agree to all ten sections of these Terms of Service.

11
🔒 Data Privacy & Zero-Access Commitment

🛡️ BreakSmarter™ is built on a zero-access principle: your poker hands, session records, and performance data are your information — and yours alone. No one at BreakSmarter™ can see, read, or reconstruct any of it.

WHAT THIS MEANS FOR YOU

Your hand logs, recorded sessions, opponent notes, and personal performance data are encrypted on your device before they are ever stored. This means the data arrives at our servers in a form no one can read — not the founder, not any developer or contractor who has ever worked on the platform, and not any business partner or sponsor.

WHO HAS ZERO ACCESS

The following parties have no ability to view, access, retrieve, or reconstruct the content of your poker hands or session records:

  ● David Porter — Founder & Owner of BreakSmarter™
  ● Any developer or programmer who has built or maintained this platform
  ● Any business sponsor, investor, or affiliate partner
  ● Any future employee or contractor of Aware Systems Inc.
  ● The database infrastructure itself — data is stored in encrypted form only

This is not a policy preference — it is a technical constraint built into how the platform works. Even if compelled by any authority, we could not produce readable versions of your hand or session content because we do not have the ability to decrypt it.

WHAT WE CAN SEE — FOR ACCOUNT MANAGEMENT ONLY

To operate your subscription and provide customer support, Aware Systems Inc. can access the following limited account information only:

  ● Your name, email address, and phone number
  ● Your subscription plan, token balance, and billing dates
  ● The number of hands and sessions you have saved (count only — not content)
  ● When you created your account and last used the platform

We cannot see, and have no record of, what hands you were dealt, what cards were on the board, what actions you took, what your session profit or loss was, or any notes you wrote about opponents.

YOUR AI COACHING DATA

Responses you enter into the AI Voice Profile and any emotional state inputs are treated as strictly confidential coaching material. This information is used solely to personalize your AI coaching experience. It is never reviewed by any team member, sold, or shared with any third party.

YOUR RIGHT TO DELETE

You may request deletion of your account and all associated data at any time by contacting support. Upon deletion, all stored records — encrypted or otherwise — are permanently removed.

NO DATA MONETIZATION

BreakSmarter™ does not sell, rent, or monetize your personal data or poker content in any form. Your data is never used for advertising, profiling, or third-party analysis. The business model is subscription-based — your privacy is not the product.

This commitment forms part of the legally binding Terms of Service of Aware Systems Inc. Any future change to this data access policy will be disclosed to all users prior to taking effect, and will require your explicit consent to continue using the platform.

12
📱 SMS Messaging Program

PROGRAM NAME

BreakSmarter™ SMS Messaging Program, operated by Aware Systems Inc.

TYPES OF MESSAGES

By creating an account and agreeing to these terms, you consent to receive the following SMS messages from BreakSmarter™:

  ● One-time passcode (OTP) verification codes for account login and authentication
  ● App update notifications when new features or improvements are released
  ● Important account notices related to your subscription

MESSAGE FREQUENCY

Verification codes are sent only when you request to log in. App update notifications are sent no more than once per day and only when updates are released.

MESSAGE & DATA RATES

Message and data rates may apply. Contact your mobile carrier for details about your plan's SMS and data charges.

HOW TO OPT OUT

To stop receiving SMS messages from BreakSmarter™ at any time, reply STOP to any message. You will receive one confirmation message and no further messages will be sent. You may also opt out in your profile settings within the app.

HOW TO GET HELP

For help or support, reply HELP to any message, or contact us at breaksmarter@gmail.com. Carriers are not liable for delayed or undelivered messages.

SUPPORTED CARRIERS

AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, US Cellular, and most major US carriers. Service may not be available on all carriers or in all areas.

OPT-IN METHOD

You opted in by visiting breaksmarter.com/app, entering your phone number on the Create Account screen, and checking the required consent checkbox. Opt-in is explicit and required at point of registration.

I Have Read and Agree to All Terms of Service, Compliance Policies & Disclosures

By checking this box you confirm you have reviewed all eleven sections above — including the Data Privacy & Zero-Access Commitment — and accept the full Terms of Service of Aware Systems Inc. and BreakSmarter™.