Terms of Use

Effective July 21, 2026.

These Terms of Use (“Terms”) are a legal agreement between you and Level Up Softwares LLC (“Level Up Softwares,” “we,” “us,” or “our”) governing your use of Kismet — our mobile apps, our website at mykismet.app, and the guest web experience (together, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

How Kismet works

Kismet is a group–decision app. A crew submits hidden recommendations — a restaurant, a movie, a trip, a night out, or anything goes; the owner sets a lock time and a draw time; and at the draw, our server randomly selects one pick as the winner. The crew agrees, in advance, to honor whatever fate chooses.

Eligibility

You must be at least 13 years old to use Kismet. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian. By using the Service, you represent that you meet these requirements.

Your account

• You may sign in with your phone number, Apple, or Google. Keep your sign-in method secure; you are responsible for activity that happens under your account.
• One account per person. Usernames are first-come, first-served; you may not impersonate others, and we may reclaim usernames that infringe rights or impersonate.
• Provide accurate information and keep it current.

The draw is final

This is the heart of Kismet, so it bears stating plainly: the draw is final. At the scheduled time our server performs a single, uniformly random selection from the submitted picks, and the seed and result are recorded. We do not re-roll, reverse, or override outcomes, and you agree not to ask us to. The commitment your crew makes to honor the result is between you and your crew; Kismet is not responsible for what your crew decides to do with the answer.

Sealed means sealed

Once picks are locked, they are sealed and cannot be edited, and no one may join. Picks stay hidden from everyone — including the owner and our staff — until the draw. The owner may reverse an early manual seal only while the scheduled lock time is still in the future.

Your content and license

You keep ownership of the picks and other content you submit. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your content solely to operate the Service — for example, to seal your picks, run the draw, reveal the winner, and show your name to your crew. You are responsible for the content you submit and represent that you have the right to submit it.

Acceptable use

You agree not to:

• use the Service for anything illegal, or submit content that is unlawful, hateful, harassing, threatening, or infringing;
• attempt to predict, influence, reverse, or tamper with the draw, or to view other members’ hidden picks before the draw;
• disrupt, overload, reverse-engineer, or attempt to gain unauthorized access to the Service;
• use the Service to send spam or to collect others’ information without consent;
• impersonate any person or misrepresent your affiliation.

Guest participation

Guests may join a crew by invite link using only a name and phone number. Guests who verify their number may opt in to a single result text. Guest participation is subject to these Terms and our Privacy Policy.

Text messages and consent

By providing your phone number you consent to receive a one-time verification code and, if you opt in as a guest, a single result message. Message and data rates may apply. Reply STOP to opt out. We do not send marketing texts.

Third-party services

The Service relies on third-party services, including Apple and Google sign-in, Apple Maps and Google Places for place search, TMDB for movie information, and Apple and Google for push notifications and app distribution. Your use of those features may also be subject to the third party’s terms, and we are not responsible for third-party services.

Intellectual property

The Service — including the Kismet name, logo, design, and software — is owned by Level Up Softwares and protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to use the Service. You may not copy, modify, or create derivative works of the Service except as allowed by law.

Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We aim for reliable, boring operation — especially at draw time — but we do not warrant that the Service will be uninterrupted or error-free.

Limitation of liability

To the fullest extent permitted by law, Level Up Softwares and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of (or inability to use) the Service or from any decision your crew makes based on a draw. Our total liability for any claim relating to the Service will not exceed one hundred U.S. dollars ($100).

Indemnification

You agree to indemnify and hold harmless Level Up Softwares from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the Service, or your violation of these Terms or the rights of others.

Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you violate these Terms, abuse the Service or other users, or undermine the fairness of the draw, or as needed to comply with law or protect the Service.

Changes

We may change the Service or these Terms. If we make material changes to these Terms, we will update the effective date and, where appropriate, announce the change in the app. Your continued use after a change means you accept the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. You agree that any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Jersey, and you consent to their jurisdiction. Before filing anything, please email [email protected] so we can try to resolve it.

Contact

Questions about these Terms? Email [email protected], or write to Level Up Softwares LLC, New Jersey, USA.