Terms of Service for Kismet Ideas, LLC

Last Updated: January 9, 2026

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kismet Ideas, LLC, doing business as Kismet Ideas, Kismet Creator, Kismet OS, Kismet Club, Kismet Builders, Kismet Story Selling, Paige Battcher, and Empowered Boss ("Kismet Ideas," “we,” “us,” or “our”), concerning your access to and use of our websites, including KismetIdeas.com, KismetBuilder.com, KismetStorySelling.com, KismetOS.com, KismetCreator.com, Kismet.Club, PaigeBattcher.com, EmpoweredBoss.com, and any other Kismet Ideas, LLC owned domain name (collectively, the “Sites”), our software platform Kismet Creator or Kismet OS (the “Platform”), our communities Kismet Club, Kismet Builders, Mastermind & Inner Circle (the “Communities”), our consulting and client work (“Consulting”), and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

3. KISMET CREATOR (KISMET OS) SOFTWARE PLATFORM

Our software platform, Kismet Creator or Kismet OS, is a reselling of the HighLevel, Inc. software platform. Your use of the Platform is subject to the terms of this Agreement and any applicable terms and conditions of HighLevel, Inc. We provide support and intellectual property for the Platform as part of our Services. You agree to use the Platform in accordance with all applicable laws and regulations.

4. KISMET CLUB, KISMET BUILDERS, MASTERMIND & INNER CIRCLE COMMUNITIES

Our Communities are a space for members to connect, learn, and grow. By participating in our Communities, you agree to the following terms:

•Right to Remove Members: We reserve the right to remove any member from our Communities at our sole discretion, without notice or refund, for any reason, including but not limited to violation of these Terms of Service or community guidelines.

•Do No Harm: You agree to treat all members of the Community with respect and to not engage in any activity that is harmful, abusive, defamatory, or otherwise objectionable.

•No Redistribution of Resources: You agree not to sell, resell, or redistribute any resources, materials, or information provided to you within the Communities.

•Media Release: You grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your likeness, image, name, and voice from any call recordings, videos, or other media created within the Communities for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. You waive all moral rights and agree that we are free of all liability on the use of your likeness.

•Confidentiality: You agree to keep all information shared within the Communities confidential and not to disclose it to any third party without the express written consent of the member who shared the information.

5. CONSULTING AND CLIENT WORK

For our consulting and client work, including our Design Accelerator VIP Implementation Days, these terms are in addition to any independent contractor agreement signed between you and us. The specific refund or cancellation arrangement will be stated in the proposal for each project.

5.1 General Consulting Terms

Permission to Share: You grant us permission to share behind-the-scenes content and to use anything produced for you for our marketing and promotional purposes, both free and paid. We will use our discretion to protect your privacy and confidential information.

Media Release: You understand that any written statements, images, audio recordings or video recordings of you while participating in our consulting services and made on behalf of us may be used in connection with publicizing and promoting our services. You authorize us to use your name, brief biographical information, and the written or recorded statements.

5.2 Design Accelerator VIP Implementation Days

By purchasing our Design Accelerator VIP Implementation Days, you agree to retain Paige Battcher and the team of Kismet Ideas to proceed with branding and/or design services for a design intensive.

Product and Service: We will provide you with creative and technical services for digital marketing and design tasks in a Day Rate model, including those listed in the proposal. For Implementation Days, we agree to devote up to 8 hours for a "Full Day" or up to 4 hours for a "Half Day" on assignments to be determined collaboratively by you and us, as well as a 30 minute pre-intensive strategy call, 1 hour post-intensive support call, and 30 days of post-intensive messaging support via our project management portal on Notion. Work will be performed at our offices, but occasionally may take place at other locations, as required. Work priority and scheduling will be at our discretion. Work will normally occur between the hours of 8a - 4p ET on weekdays.

During the 30 days of post-intensive support, you will be able to message us with any questions about the work that was performed during the intensive, via our project management portal on Notion, and will receive a reply message or video tutorial. This support does not cover additional design or website work that exceeds what was done during the intensive. If you have additional work that needs to be performed, you will have the option to book another day or a half-day intensive.

Payment: Payment for these services will be due prior to scheduling this appointment. You may choose to alternatively pay a 50% deposit, and pay the balance within 24 hours of the appointment date. Design services in addition to the intensive will be made available at the current daily or half-day rate, and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, and 3rd party application services.

Representations: You represent to us that you own or have a license to use all content, including stock photography, video, imagery, graphics or music provided by you to us. You agree to indemnify and hold harmless us from all damages, including reasonable legal costs, of claims of copyright infringement from any such content provided by you.

Ownership: The results of any and all work performed by us for you, including original creative work, will remain your property. You may use this material in any way deemed appropriate.

Terms:

1.Refund Policy: This purchase is non-refundable, but may be transferred to another date or service with 7-days prior written notice.

2.Time Frame: Your deposit is valid for 90 days, and must be used within that time frame. In the event the intensive(s) fails to occur within 90 days, or you fail to request a new date at least 7 days prior to your booked appointment, the deposit will be forfeited, and the intensive will be terminated. If you wish to reschedule beyond 90 days, the original deposit may, at our discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.

3.Completion Date: We will provide you with an expected project completion date (based on the number of Implementation Days required to complete the tasks) if requested. We will endeavor to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. We shall not be held responsible for delays arising out of your delays in providing all resources and content to us. If work is halted by your request, refunds for work completed will not be given and contracted payments must still be made.

4.Payments: Payments are collected in full or on a monthly basis for hourly work done by Kismet Ideas; or as otherwise arranged by fixed rates. You are expected to make payment upon receipt of all invoices or automatic payment plans, unless otherwise arranged. A $25 late fee will be invoiced for payments overdue by 15 (fifteen) days. If payment is not received after 30 (thirty) days, a $300 late fee will be invoiced. If payment is not received after 60 days, legal action may be taken. It is your responsibility to communicate any changes to payment method on file (such as credit card expiration date).

5.Sole Agreement and Amendment: This contract constitutes the sole agreement between us and you and hereby voids any prior verbal contracts. This agreement may be amended, in writing, by the parties at any time.

6.Guarantee: We make no representation or guarantee as to the amount of traffic to your site, leads generated, or interest generated in your program(s). We make no representations and do not guarantee an increase in your sales nor promise top listing in any search engine or directory.

7.Electronic Commerce: You agree that you are solely responsible for compliance with international, federal and/or state laws regarding any electronic commerce and data protection laws conducted through your website and will hold harmless us and our subcontractors from any claim, causes of action, penalty, tax, and/or tariff arising from your use of electronic commerce.

8.Confidentiality: We understand that we will be working with your confidential information and will only release this information to parties directly involved in project work including subcontractors, employees, and freelancers. This includes, but is not limited to, user IDs and passwords, trade information, and banking information where applicable and provided by you. We make every effort to keep passwords safe. You will hold us harmless should breach of security occur. It is your responsibility to change such passwords upon completion or termination of this contract.

9.Loss or Damage: Kismet Ideas is not liable for loss, damage or corruption to files or information stored on servers or individual PCs relating to your website nor the shared Google Drive folders nor Notion for which work is carried out. You are solely responsible for any information and files relating to your website including backups (typically performed by the hosting company). You agree to hold Kismet Ideas harmless should a technology failure within hosting servers, software platform, or in perpetuity of the internet, result in site downtime or corruption. We will follow due diligence to try to fix the problem at a reasonable fee.

10.File Management: Kismet Ideas will create shared Google Drive folders and a Notion account for project work. We are not responsible for the content of these folders, nor any removed files, nor any passwords stored in these shared folders. We will make all attempts to keep these folders internal to our team including subcontractors and freelancers. You are responsible for backups of original content.

11.Unauthorized Use and Assignability: We will provide documents and worksheets which may not be shared by you to any other person outside of our team. These documents include our Intellectual Property and are only for use by our paying clients. You may not place any of our materials or products, modified or unmodified, on a website, along with a membership account to our connect.kismetideas.com coaching platform, as needed, or any other medium and offer them for redistribution or resale of any kind without prior written consent from us. Furthermore, you may not sub-license, assign, or transfer this license to anyone else without prior written consent from us. Your right to use our materials and services are not transferable.

In Conclusion: Kismet Ideas has no control of, or responsibility for, the content of our clients' websites or platforms. In no way does the textual or image based content or marketing of our clients' websites or programs or offers constitute Kismet Ideas' endorsement or approval. Kismet Ideas has not verified any of the materials, products, images or information contained within our clients' websites and are not responsible for the content or performance of these sites or for your transactions, communications, or marketing.

6. SMS TEXT MESSAGING POLICY

We may offer you the ability to receive SMS text messages for both transactional and promotional purposes.

•Opt-In: By providing us with your mobile phone number, you consent to receive SMS text messages from us. You may opt-in to promotional messages by texting “JOIN” to the number we provide.

•Opt-Out: You may opt-out of receiving promotional SMS text messages at any time by texting “STOP” to the number we provide. You may continue to receive transactional messages related to your account and services.

•Fees: Message and data rates may apply. We are not responsible for any charges from your mobile carrier.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

•Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

•Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

•Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

•Engage in unauthorized framing of or linking to the Services.

•Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

•Make improper use of our support services or submit false reports of abuse or misconduct.

•Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

•Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

•Attempt to impersonate another user or person or use the username of another user.

•Sell or otherwise transfer your profile.

•Use any information obtained from the Services in order to harass, abuse, or harm another person.

•Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

•Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

•Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

•Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

•Delete the copyright or other proprietary rights notice from any Content.

•Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

•Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

•Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

•Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

•Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

•Use the Services in a manner inconsistent with any applicable laws or regulations.

8. GOVERNING LAW

These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Kentucky applicable to agreements made and to be entirely performed within the Commonwealth of Kentucky, without regard to its conflict of law principles.

9. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Kentucky, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.

10. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.