Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Misfit Island LLC ("we," "us," "our," or "Company") governing your use of our websites, applications, and services, including but not limited to PocketCoach, Misfit Island (misfitis.land), Elegant Futures (elegantfutures.com), and Clutchmind (clutchmind.app) (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of our Services immediately.

1. Acceptance of Terms

By creating an account, accessing our websites, subscribing to our services, or engaging with our content, you agree to comply with and be legally bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference into these Terms.

These Terms apply to all users of the Services, including visitors, registered users, clients, and any other individuals or entities that access or use our Services.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Services

Misfit Island LLC provides the following services:

2.1 AI Consulting and Strategy

Strategic guidance on AI adoption, implementation, and integration for businesses and organizations. This includes fractional AI leadership, technology assessments, and roadmap development.

2.2 Custom AI Applications and GPTs

Design, development, and deployment of custom AI applications, GPTs, chatbots, and AI-powered tools tailored to specific business needs and workflows.

2.3 Workshops and Training

Educational workshops, training sessions, and facilitated experiences designed to help teams understand and effectively use AI technologies.

2.4 Digital Products and Content

Access to digital products, educational content, templates, guides, and other resources related to AI, product strategy, and digital transformation.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years of age (or the age of majority in your jurisdiction)

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to immediately notify us of any unauthorized access or use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or engaged in any fraudulent, abusive, or illegal activity.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services to transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove, alter, or obscure any proprietary notices or labels
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any viruses, malware, or other malicious code
• Collect or harvest personal information about other users
• Use the Services for any commercial purpose without our written consent (except as expressly permitted by purchased services)
• Attempt to circumvent any access controls or usage restrictions

4.1 AI-Specific Acceptable Use

When using our AI-powered services, you additionally agree NOT to:

• Use AI outputs for illegal, harmful, or discriminatory purposes
• Attempt to generate content that violates intellectual property rights
• Use AI services to create misleading, deceptive, or fraudulent content
• Attempt to manipulate or "jailbreak" AI models to bypass safety features
• Use AI outputs without appropriate review and verification
• Input sensitive personal information of others without authorization

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Our Content"), are the exclusive property of Misfit Island LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of Our Content without our prior written consent, except as follows:

• You may temporarily download one copy of materials for personal, non-commercial viewing only
• You may print or download materials explicitly marked as downloadable for personal use
• You may share content via provided sharing features (social media buttons, embed codes)

5.2 Client Work Product

For custom development services (AI applications, GPTs, etc.) purchased by clients:

• Client-Provided Materials: You retain all rights to materials, data, and content you provide to us
• Custom Deliverables: Upon full payment, you receive a license (as specified in your service agreement) to use the custom AI applications or GPTs we create for you
• Underlying Technology: We retain ownership of any underlying frameworks, templates, tools, or methodologies used in creating your deliverables
• Third-Party Components: Some deliverables may include third-party AI models or services, which remain subject to their respective licenses

5.3 AI-Generated Content

For content generated through our AI services:

• You retain ownership of your input prompts and content
• AI-generated outputs may be used by you in accordance with your service agreement
• We do not claim ownership of AI-generated content, but outputs may be subject to limitations based on the underlying AI provider's terms
• You are responsible for ensuring AI-generated content does not infringe third-party rights

5.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

6. Payment Terms

6.1 Fees and Pricing

Certain Services require payment of fees. All fees are quoted in U.S. Dollars unless otherwise specified. Prices are subject to change with reasonable notice.

6.2 Payment Methods

We accept payment through third-party payment processors (Stripe, PayPal, etc.). By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

6.3 Invoicing and Payment Terms

For consulting and custom development services:

• Payment terms will be specified in your service agreement or statement of work
• Invoices are typically due within 15-30 days of issuance unless otherwise agreed
• Late payments may incur interest charges and/or suspension of services
• We may require deposits or milestone-based payments for larger projects

6.4 Refunds and Cancellations

Refund policies vary by service type:

• Workshops: Cancellations made 14+ days before the event are eligible for a full refund. Cancellations within 14 days are non-refundable but may be transferred to a future session
• Digital Products: Generally non-refundable after download/access is provided
• Consulting Services: Work completed cannot be refunded; unused prepaid hours may be refunded at our discretion
• Custom Development: Governed by project-specific agreements; typically non-refundable after work begins

6.5 Taxes

Fees do not include applicable sales, use, or value-added taxes. You are responsible for paying all such taxes, except for taxes based on our income.

7. AI Services Disclaimers

7.1 Accuracy and Reliability

AI-GENERATED CONTENT IS PROVIDED "AS IS" AND MAY CONTAIN ERRORS, INACCURACIES, OR OUTDATED INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY AI-GENERATED CONTENT BEFORE USE.

AI systems can produce incorrect, biased, or inappropriate outputs. We do not guarantee:

• Accuracy, completeness, or reliability of AI-generated content
• That AI outputs will meet your specific requirements or expectations
• That AI services will be uninterrupted, secure, or error-free
• That AI models will perform consistently across all use cases

7.2 Not Professional Advice

Our Services, including AI-generated content and consulting guidance, are for informational and educational purposes only and do not constitute legal, financial, medical, or other professional advice. You should consult with appropriate professionals before making decisions based on information from our Services.

7.3 Third-Party AI Services

Our Services utilize third-party AI platforms (OpenAI, Anthropic, etc.). These services are subject to their own terms and limitations. We are not responsible for changes, disruptions, or discontinuations of third-party AI services.

8. Confidentiality

8.1 Confidential Information

During the course of providing Services, both parties may disclose proprietary or confidential information ("Confidential Information"). We agree to:

• Maintain the confidentiality of your Confidential Information
• Use Confidential Information only for the purpose of providing Services
• Not disclose Confidential Information to third parties without your consent (except as required by law)
• Implement reasonable security measures to protect Confidential Information

8.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is independently developed without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is limited to a period of 30 days from delivery of services.

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY ERRORS WILL BE CORRECTED OR THAT USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MISFIT ISLAND LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• ANY LOSS OR DAMAGE ARISING FROM AI-GENERATED CONTENT OR OUTPUTS
• ANY LOSS OR DAMAGE ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICES
• ANY LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Misfit Island LLC, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your use of AI-generated content in violation of applicable laws
• Any content or information you submit through the Services
• Your negligent or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by Misfit Island LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

13. Termination

13.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us. Termination does not relieve you of any payment obligations for services already rendered.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• At our sole discretion for any other reason

13.3 Effect of Termination

Upon termination:

• Your right to use the Services will immediately cease
• We may delete your account and all associated data
• Sections of these Terms that by their nature should survive termination will remain in effect
• You remain liable for all fees and charges incurred prior to termination

14. Dispute Resolution

14.1 Informal Dispute Resolution

Before filing a claim, you agree to contact us at privacy@misfitis.land to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

The arbitration will be conducted in Colorado, United States, and judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to:

• Protect intellectual property rights
• Prevent unauthorized access to systems
• Seek enforcement of the arbitration provision

14.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

Any legal action or proceeding (other than arbitration) arising from these Terms shall be brought exclusively in the federal or state courts located in Colorado, and you consent to the personal jurisdiction of such courts.

16. Export Compliance

Our Services and AI technologies may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations. You represent and warrant that you are not:

• Located in a country subject to U.S. government embargo
• Listed on any U.S. government list of prohibited or restricted parties
• Prohibited from receiving U.S. exports under applicable laws

17. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Provide notice of material changes via email or prominent website notice
• Give you an opportunity to review the changes before they become effective

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Misfit Island LLC regarding the Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

18.6 Notices

All notices under these Terms shall be in writing and sent to the addresses specified in the Contact Us section. Notices to you may also be sent to the email address associated with your account.

19. Contact Us

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us: