KEEP IT SIMPLE SOFTWARE, LLC
TERMS OF SERVICE
Effective date: 10/09/2026
1. Agreement and eligibility
These Terms govern services and software supplied by Keep It Simple Software, LLC, a Texas limited liability company ("KISS", "we", or "us"), including KISS FSM (the "Service"). "You" means the individual or organization entering this agreement. A person accepting for an organization represents that they have authority to bind it. You must have legal capacity to enter this agreement.
You accept these Terms through an affirmative acceptance process or a signed agreement incorporating them. A signed order or service agreement controls if it expressly conflicts with these Terms. A separate custom-development or offline-software license controls its specifically addressed scope, ownership, delivery, and license rights.
2. Access, accounts, and permitted use
Subject to your agreement and payment obligations, KISS grants the access and license rights described in your order. You are responsible for your authorized users, accurate account information, reasonable credential security, and promptly reporting suspected unauthorized access. You may not misuse the Service, bypass security, knowingly introduce malicious code, infringe others' rights, send unlawful communications, or resell access. Reverse engineering restrictions apply to the full extent permitted by law.
You retain ownership of your data. KISS retains ownership of the Service and its software, documentation, and branding, except as a separate signed agreement expressly provides.
3. Your records and instructions
You are responsible for the information, permissions, business decisions, and instructions you supply. You are responsible for lawful handling of employee and customer information and for obtaining required notices and consents. You authorize KISS to process your data and execute actions you request or configure, including integrations, communications, necessary updates, and authorized troubleshooting and corrections, subject to our Privacy Policy and applicable provider requirements.
Review important records and calculations, including invoices, taxes, payroll time, customer balances, recipients, and accounting matches. Maintain appropriate independent records and exports. The Service is not legal, tax, accounting, financial, or emergency-response advice.
4. Connected services and payments
Email, accounting, payment, hosting, and other connected services may depend on third parties. Their availability, permissions, fees, limits, and terms can change. You authorize connections and remain responsible for maintaining the required third-party accounts and permissions.
Payment processing occurs through the selected processor under its terms. KISS may generate payment links and record verified transaction information but does not guarantee payment, settlement, collection, or the absence of disputes. Refunds, reversals, and chargebacks must be handled with your processor and your accounting records.
We are not responsible for failures independently caused by a third party, except to the extent applicable law or our own actionable conduct makes us responsible. This section does not waive rights concerning KISS's own performance.
5. Fees, renewal, and cancellation
Prices, billing frequency, included services, taxes, and any separately disclosed fees are stated in your order or checkout. Recurring billing applies only when disclosed and authorized. You may cancel renewal through an available account control or by contacting support@kiss.systems before renewal, subject to any more protective legal requirements. Cancellation normally ends access at the end of the paid term unless your order or applicable law provides otherwise.
Fees already earned are not refundable except as stated in your order or required by law. This provision does not eliminate statutory cancellation, refund, warranty, or payment-dispute rights. We will provide advance notice of renewal price changes as required by law and the applicable order.
6. Service operation, suspension, and termination
We may maintain, update, or modify the Service. Unless a separate agreement specifies otherwise, there is no guaranteed uptime or response time. We will not deliberately remove a materially purchased capability during a paid term without providing a reasonable substitute or an appropriate remedy consistent with applicable law.
We may suspend or terminate access for material breach, overdue payment, security threats, unlawful use, or legal requirements. When practical, we will notify you and allow a reasonable opportunity to correct the problem; immediate action may be necessary for security, abuse, or legal compliance. Suspension does not authorize us to retain data contrary to law. Request a data export before termination where possible; post-termination retention and deletion follow the Privacy Policy, applicable agreements, and law.
7. Confidentiality and privacy
Each party will use the other's nonpublic business information only for this relationship and protect it with reasonable care. Disclosure may be made to personnel and service providers who need it and are subject to appropriate confidentiality obligations, or when legally required. These obligations do not cover information independently developed, lawfully obtained without restriction, or publicly available without breach.
Our Privacy Policy describes data handling; it is not a waiver of privacy rights. Where required, a separate data-processing agreement will address subscriber data processed on the subscriber's behalf.
8. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS WRITTEN COMMITMENTS IN YOUR ORDER, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." KISS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY PARTICULAR WORKFLOW.
THIS DISCLAIMER DOES NOT EXCLUDE EXPRESS WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED OR ANY NONWAIVABLE CONSUMER GUARANTEE OR REMEDY.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, KISS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR COMBINED LIABILITY ARISING FROM THE AFFECTED SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE FEES YOU PAID OR OWE KISS FOR THAT SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A ONE-TIME SOFTWARE LICENSE, THE CAP IS THE GREATER OF $100 OR THE LICENSE FEE PAID FOR THAT SOFTWARE. MULTIPLE CLAIMS DO NOT MULTIPLY THE CAP.
THESE LIMITATIONS APPLY TO CONTRACT, TORT, INCLUDING ORDINARY NEGLIGENCE, AND OTHER LEGAL THEORIES, BUT DO NOT LIMIT FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR ANY LIABILITY OR REMEDY THAT THE LAW DOES NOT PERMIT TO BE LIMITED. NOTHING RELEASES ANY PERSON FROM LIABILITY THAT CANNOT LAWFULLY BE RELEASED. THESE LIMITATIONS ARE AN AGREED ALLOCATION OF RISK, NOT A PROMISE THAT NO CLAIM MAY BE BROUGHT.
10. THIRD-PARTY CLAIMS AND LEGAL EXPENSES
For business-use customers: To the extent permitted by law, you will defend and indemnify KISS and its members, managers, and employees against third-party claims arising from your unlawful use, your infringement of third-party rights through data you provide, or your material breach of these Terms. Covered amounts include reasonable defense costs, attorneys' fees, and damages finally awarded or paid in a settlement you approve. This obligation does not cover the portion of a claim caused by KISS's negligence, breach, or misconduct, and is not an obligation to pay KISS merely because you bring your own claim against KISS.
KISS must promptly notify you of a covered claim, reasonably cooperate at your expense, and allow you to control the defense with qualified counsel reasonably acceptable to KISS. Delay in notice relieves your obligation only to the extent it prejudices the defense. A settlement may not admit fault by KISS, impose nonmonetary duties on KISS, or fail to release KISS without its written consent, not unreasonably withheld. KISS may participate through its own counsel at its own expense unless a legally recognized conflict requires separate counsel as part of a covered defense.
For business-use disputes between you and KISS: If KISS is the prevailing party in an action to enforce these Terms or defend a claim arising from the Service, KISS may recover its reasonable attorneys' fees and court or arbitration costs to the extent awarded by the court or arbitrator and permitted by law. Reasonable collection expenses on valid overdue amounts are recoverable only to the extent legally permitted. No duplicate recovery is allowed.
For personal, family, or household use: This agreement does not require you to pay KISS's legal expenses merely because you assert a claim or do not prevail. Each party bears its own attorneys' fees unless applicable law authorizes otherwise. KISS may seek legally authorized sanctions or fees for frivolous or bad-faith proceedings. Any statutory right you have to recover fees remains intact. Required arbitration-fee allocations are governed by Section 11 and cannot be overridden by this section.
11. DISPUTES AND INDIVIDUAL ARBITRATION
Before filing a claim, either party should send a written description and requested resolution to the other. Notices to KISS go to support@kiss.systems; notices to you go to your account email. The parties will attempt to resolve the dispute for 30 days. This informal process does not prevent urgent relief, regulator complaints, a timely filing needed to preserve a claim, or use of an available small-claims court.
TO THE EXTENT PERMITTED BY LAW, CLAIMS MUST PROCEED INDIVIDUALLY, NOT AS A CLASS OR REPRESENTATIVE ACTION. THIS DOES NOT RESTRICT NONWAIVABLE RIGHTS OR REMEDIES, INCLUDING PUBLIC INJUNCTIVE RELIEF WHERE PROTECTED BY LAW. Either party may bring an eligible individual claim in small-claims court.
12. Governing law, changes, and general terms
Texas law governs except where federal law or mandatory protections of another jurisdiction apply. Nothing waives nonwaivable rights under the Texas Deceptive Trade Practices–Consumer Protection Act or other applicable laws. A customer described as a business customer in these Terms retains any consumer rights the law independently gives that customer.
Disputes not subject to arbitration may be brought in a Texas state or federal court with jurisdiction, except where mandatory law or the small-claims provisions allow another forum. No clause requires a consumer to give up a legally protected local forum.
Material changes will be communicated before taking effect, and new affirmative acceptance will be obtained where required. Changes do not retroactively reduce accrued rights. If a provision is unenforceable, it will be severed or limited only as legally permissible; the remainder survives, subject to Section 11. Failure to enforce a provision is not a waiver. These Terms and your applicable order are the agreement concerning their subject matter. Payment obligations already incurred, confidentiality, ownership, lawful liability limitations, and dispute provisions survive termination where applicable.
Questions: support@kiss.systems