Terms & Conditions — Brand Clarity Snapshot

By booking and paying for a Brand Clarity Snapshot package (“Package”) with KOM Content (“KOM”), you (“Client”) agree to the following Terms & Conditions (“Terms”). Please read them carefully before booking.

1. Service Description

This purchase includes one (1) Brand Clarity Snapshot Package, conducted by video call, phone call, or both, which includes:

a)     A 45-minute, 1:1 listening session (“Listening Session”) via Zoom or another platform designated by KOM, guided by a structured framework that transforms reflection into concrete insights.

b)     A fully customized report (“Report”) that (1) diagnoses the gap between Client’s current and desired brand expressions, (2) solidifies Client’s ideal client profile, and (3) suggests achievable next steps for telling the story of Client’s firm or business to the market.

c)     A 30-minute follow-up call (“Follow-Up Call”) to discuss questions and Client’s implementation plan.

No additional sessions, calls, deliverables, or follow-up support are included beyond what is listed above unless separately purchased.

2. Booking & Payment

Payment is due in full at the time of booking. The Package is not confirmed until payment has been received in full. All fees are listed in USD and are exclusive of any applicable taxes unless stated otherwise. Refunds, if any, are governed by Sections 6 and 7.

3. Intake Form

Following payment and confirmation, Client will receive an intake form. This form must be completed at least 48 hours before the scheduled Listening Session. KOM may reschedule the Listening Session if the intake form is not completed in time, as the form allows KOM to prepare appropriately. KOM will notify Client of any such reschedule, which will be treated as a Client-requested reschedule under Section 6.

4. Recording, Transcription, and AI Tools

a)     Disclosure and consent. KOM may record the audio and video of the Listening Session and Follow-Up Call, and may use transcription or AI-assisted note-taking tools, solely to prepare the Report, ensure accuracy, and support delivery of the Package. By booking the Package, and by confirming consent on the intake form and again at the start of each session, Client consents to this recording and transcription. Client may withdraw consent or ask that recording be turned off at any time, including before the session begins, by notifying KOM in writing or verbally during the session. If Client declines, KOM will take handwritten or typed notes instead, and the Package will otherwise proceed unchanged.

b)     Ownership. KOM owns the recordings, transcripts, and KOM’s working notes created under this section (“Session Materials”). The Report is governed by Section 12. Client’s business information contained in the Session Materials remains Client’s confidential information under Section 11. Client may not share Session Materials with others, but may request a copy of the transcript or recording for Client’s own use.

c)     Use limits. KOM will use Session Materials only to deliver and support the Package and will not publish, share, or use them in marketing or training materials without Client’s prior written consent.

d)     Storage. KOM will store Session Materials securely.

e)     Client recording prohibited. Client may not record, transcribe, or use an AI note-taker on any session without KOM’s prior written consent, and Client is responsible for obtaining consent from any other participants Client invites to a session.

5. Technology and Connectivity

Client is responsible for a working device, a stable internet or phone connection, and access to Zoom (or the platform KOM designates) for each session. Except as provided in Section 6(f), if a technical issue on Client’s end delays or interrupts a session, KOM will make reasonable efforts to continue by phone, but the session will not be extended beyond its scheduled end time and no refund will be issued. If a technical issue on KOM’s end or a platform outage prevents the session from being completed, KOM will reschedule the remaining time at no charge, consistent with Section 6(d).

6. Rescheduling and Cancellations

Client may reschedule the Package one (1) time at no charge, provided Client gives at least 48 hours’ notice before the scheduled Listening Session. Client may cancel the Package and receive a full refund, provided Client gives at least 48 hours’ notice before the scheduled Listening Session. Notice should be given by email to kelly@komcontent.com.

Requests made with less notice, additional reschedule requests, and missed sessions are treated as follows:

a)     Late and additional reschedule requests. Reschedule requests made inside 48 hours, or made after Client has used the one free reschedule, are subject to KOM’s availability and may incur a rebooking fee of $100, at KOM’s discretion.

b)     Cancellations inside 48 hours. The Package is forfeited and non-refundable, except as provided in paragraphs (d), (e), and (f) below.

c)     Late arrivals and no-shows. KOM will wait 10 minutes at the start of the call for Client to join. Sessions will not be extended beyond the scheduled end time. If Client has not joined within the first 10 minutes, Client is considered a no-show, and the Package is forfeited and non-refundable, unless Client has contacted KOM, in which case the request will be handled under paragraph (a), (b), or (e), as applicable.

d)     Rescheduling by KOM. If KOM must reschedule due to illness, emergency, technical failure, or other unforeseen circumstances, KOM will notify Client as soon as reasonably possible and offer a new date. This does not count as Client’s one free reschedule. If KOM cannot offer a mutually workable time within 60 days, Client may request a full refund of the unperformed portion of the Package.

e)     Client illness and emergencies. If Client is unable to attend due to illness or a genuine emergency, Client should notify KOM as soon as reasonably possible. In that case, KOM will reschedule the Listening Session once without a rebooking fee, even inside 48 hours, rather than treat it as a forfeiture. This one-time accommodation is separate from Client’s one free reschedule. KOM may ask for reasonable confirmation of the circumstances. Refunds are not issued in these cases.

f)      Events outside either party’s control. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, such as severe weather, natural disaster, regional power or internet outages, video platform outages, or government action. The affected party will notify the other promptly, and the parties will reschedule to a mutually agreeable time rather than cancel or refund. Rescheduling under this paragraph does not count as Client’s one free reschedule, and no rebooking fee applies. If rescheduling is not possible within 60 days, Client may request a refund of the unperformed portion of the Package.

7. Refunds

Refunds are available only as described in this Section and Section 6. Refund requests, where eligible, should be sent to kelly@komcontent.com. Approved refunds will be processed to the original payment method within 10 business days and are issued only to the original purchaser.

No refunds will be issued once the Listening Session has taken place, except (a) as provided in Section 6(d) or 6(f), or (b) if KOM fails to deliver the Report or hold the Follow-Up Call as described in Section 8. Where a refund is for an unperformed portion of the Package, the amount will be reasonably proportionate to the services not delivered.

8. Timeline for Deliverables

Within approximately five (5) business days after the Listening Session, KOM will deliver the Report to Client. This timeline may be adjusted to account for holidays and other scheduling issues, and KOM will notify Client by email if delivery of the Report is delayed. KOM does not provide revisions to the delivered Report.

Client may schedule the Follow-Up Call at a time of Client’s convenience, subject to KOM’s availability. The Follow-Up Call must be held within six (6) months after the Listening Session, and KOM will offer availability within that period. A Follow-Up Call that is not held within that period expires without refund, unless the delay results from KOM’s unavailability.

9. No Guaranteed Outcomes

The Package is intended to provide strategic guidance, insight, and direction regarding Client’s brand. KOM makes no guarantees regarding specific business outcomes, revenue, growth, or results arising from participation in the Package. Any strategies, frameworks, or recommendations provided are based on the information Client shares and KOM’s professional judgment, and their implementation and results are Client’s responsibility.

10. Client Responsibilities

To get the most value from the Package, Client agrees to:

a)     Complete the intake form honestly and thoroughly at least 48 hours before the Listening Session.

b)     Attend each session on time, in a quiet environment suitable for a focused conversation.

c)     Provide accurate information about Client’s business throughout the Package.

11. Confidentiality

KOM will keep confidential any business or personal information Client shares in connection with the Package — including intake form responses, Session Materials, and discussions — and will not share it with third parties, except: (a) with Client’s consent; (b) as required to deliver the Package, including to service providers such as video platforms and transcription or note-taking tools that are bound by confidentiality or privacy terms; or (c) as required by law. If someone other than the person participating in the Package purchased it, KOM will not share the participant’s information, Session Materials, or Report with the purchaser without the participant’s consent.

12. Intellectual Property

All frameworks, exercises, templates, and proprietary methodology used during the Package remain the intellectual property of KOM. Client may not reproduce, resell, or distribute these materials without KOM’s prior written consent. The Report, and any brand strategy or recommendations developed specifically for Client’s business during the Package, are Client’s to use for its own business purposes, excluding KOM’s underlying frameworks and methodology. KOM retains the right to reuse general methodology and non-identifying learnings. Session Materials are governed by Section 4(b).

13. Limitation of Liability and Indemnification

Limitation of liability. To the fullest extent permitted by law, KOM’s total liability arising out of or relating to these Terms or the Package — whether in contract, tort, or otherwise — is limited to the amount Client paid for the Package. In no event shall KOM be liable for indirect, incidental, consequential, or special damages, including lost profits or lost business opportunities.

Indemnification. Client agrees to indemnify and hold harmless KOM from any third-party claims, damages, and reasonable expenses (including attorney’s fees) arising from (a) inaccurate or incomplete information or materials Client provides to KOM, or (b) Client’s implementation or use of KOM’s recommendations, except to the extent caused by KOM’s gross negligence or willful misconduct. KOM will give Client prompt notice of any such claim.

14. No Professional Advice

The Package does not constitute legal, financial, tax, or other licensed professional advice. Client should consult a qualified professional before making decisions that carry legal, financial, or regulatory implications for Client’s business.

15. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Cook County, Illinois.

16. General Provisions

a)     Entire agreement. These Terms are the entire agreement between Client and KOM regarding the Package and replace any prior discussions, proposals, or understandings. They may be changed only by a writing signed by both parties. Updates made by KOM under Section 18 apply only to future bookings.

b)     Severability. If any provision of these Terms is found unenforceable, it will be enforced to the extent permitted, and the remaining provisions will stay in full effect.

c)     No waiver. If KOM does not enforce a provision of these Terms, that does not waive KOM’s right to enforce it later, or to enforce any other provision.

d)     Assignment. Client may not transfer or assign the Package, or any rights under these Terms, to another person or business without KOM’s prior written consent. Client may purchase the Package for someone else (for example, as a gift or for a colleague) if Client identifies that person to KOM at booking. In that case, the recipient must complete the intake form and accept these Terms, including Section 4, before the Listening Session, and the purchaser remains responsible for the recipient’s compliance with these Terms. KOM may assign these Terms to a successor to its business.

17. Electronic Acceptance

Client agrees that checking the acceptance box (where provided), booking the Package, or completing payment electronically constitutes Client’s signature and acceptance of these Terms, and confirms that Client has read and understood them. These Terms are legally binding to the same extent as a signed paper agreement. KOM may keep electronic records of this acceptance, including the date, time, and version of the Terms accepted.

18. Changes to These Terms

KOM may update these Terms from time to time. The version in effect at the time of Client’s booking governs that Package; updates apply only to later bookings.

19. Contact

Questions about these Terms can be directed to Kelly McNees, kelly@komcontent.com.