1. Acceptance of Terms
Welcome to kismet.to ("we," "us," "our," or "Agency"). By accessing or using our website, services, or engaging with us in any capacity, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Description of Services
kismet.to provides management, marketing, and consulting services to content creators on subscription-based platforms including but not limited to OnlyFans ("Services"). Our services may include:
- Account management and optimization
- Subscriber engagement and messaging services
- Content strategy and planning
- Social media marketing and promotion
- Revenue optimization consulting
- Analytics and performance reporting
3. Eligibility
3.1 Age Requirement
You must be at least 18 years of age (or 21 in certain jurisdictions) to use our services or access our website. By using our services, you represent and warrant that you meet this age requirement.
3.2 Creator Requirements
To engage our services as a content creator, you must:
- Own and operate an active account on a supported platform
- Have legal right to create and distribute your content
- Comply with all platform Terms of Service
- Maintain all required age verification records as mandated by 18 U.S.C. § 2257
4. User Accounts and Registration
4.1 Account Information
When you register for our services, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
4.2 Account Security
You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any security breach.
5. Use of Website and Services
5.1 Permitted Use
You may use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights of others
- Transmit harmful code, viruses, or malware
- Attempt to gain unauthorized access to our systems
- Harass, abuse, or harm other users
- Use our services for fraudulent purposes
- Scrape, mine, or harvest data from our website
5.2 Prohibited Content
You may not upload, post, or transmit any content that:
- Depicts illegal activities
- Contains child sexual abuse material
- Infringes copyright, trademark, or other intellectual property rights
- Is defamatory, obscene, or hateful
- Violates privacy or publicity rights
- Contains non-consensual intimate imagery
6. Intellectual Property
6.1 Our Property
All content on this website, including text, graphics, logos, designs, software, and trademarks, is the property of kismet.to or its licensors and is protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
6.2 Creator Content
Content creators retain all ownership rights to their content. By engaging our services, creators grant us a limited license to use their content solely for the purpose of providing our services as outlined in the Creator Management Agreement.
6.3 Feedback
Any feedback, suggestions, or ideas you provide to us regarding our services become our property and may be used without compensation or attribution.
7. Fees and Payment
7.1 Service Fees
Our fees are outlined in individual service agreements with creators. Typically, we operate on a commission-based model where we receive a percentage of creator earnings.
7.2 Payment Terms
Payment terms, schedules, and methods are specified in individual Creator Management Agreements. All fees are non-refundable unless otherwise stated in writing.
7.3 Taxes
Creators are solely responsible for all taxes arising from their earnings. We do not withhold taxes on behalf of creators unless required by law.
8. Privacy and Data Protection
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.
9. Third-Party Platforms and Links
9.1 Platform Independence
We are not affiliated with, endorsed by, or officially connected with OnlyFans or any other third-party platforms. Our services are provided independently.
9.2 Platform Compliance
Creators remain solely responsible for compliance with all third-party platform Terms of Service. We are not liable for platform actions including account suspensions or terminations.
9.3 External Links
Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of service of external sites.
10. Disclaimers and Limitations of Liability
10.1 No Guarantee of Results
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:
- Specific revenue levels or earnings
- Subscriber growth or engagement rates
- Platform stability or continued operation
- Achievement of any particular outcomes or results
ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KISMET.TO SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Platform actions, policy changes, or account terminations
- Actions or content of third parties
- Any damages exceeding the fees paid to us in the three (3) months preceding the claim
10.3 Platform Actions
We have no control over third-party platform policies, algorithms, or enforcement actions. We are not liable for platform bans, shadowbanning, account suspensions, or payment holds.
11. Indemnification
You agree to indemnify, defend, and hold harmless kismet.to, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Your content or conduct
- Your breach of any representations or warranties
12. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information, trade secrets, business strategies, and financial information disclosed during the course of our relationship. This obligation survives termination of services.
13. Termination
13.1 Termination by Us
We reserve the right to suspend or terminate your access to our services at any time, with or without cause, with or without notice, for any reason including but not limited to:
- Violation of these Terms
- Fraudulent activity or misrepresentation
- Non-payment of fees
- Conduct that harms our reputation or business
13.2 Termination by You
You may terminate your use of our services at any time in accordance with your Creator Management Agreement. Early termination fees may apply as specified in your agreement.
13.3 Effect of Termination
Upon termination, your right to use our services immediately ceases. Provisions regarding payment obligations, indemnification, limitations of liability, and confidentiality survive termination.
14. Dispute Resolution
14.1 Binding Arbitration
Any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules.
14.2 Waiver of Jury Trial
YOU AND KISMET.TO WAIVE ANY RIGHT TO A JURY TRIAL.
14.3 Class Action Waiver
YOU AND KISMET.TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. All disputes must be brought individually.
14.4 Governing Law
These Terms are governed by applicable laws, without regard to conflict of law principles.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any executed Creator Management Agreements, constitute the entire agreement between you and kismet.to.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
16.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
16.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms to any successor entity.
16.5 Contact Information
For questions about these Terms, please contact us at:
kismet.to
Email: legal@kismet.to
17. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.