Kickback Terms & conditions

Kickback Terms of Service

Welcome to Kickback! These Terms of Service ("Terms") govern your use of the Kickback App and the services provided through it. By accessing or using the app, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Kickback App.

Overview:

Kickback is an app designed to connect individuals in need of side jobs or tasks with individuals who are willing to perform those tasks. Our platform aims to facilitate a convenient and efficient way for users to find suitable taskers and get their tasks completed. Whether you need assistance with household chores, handyman services, pet care, tutoring, or any other task, Kickback is here to help you connect with the right people.

Acceptance:

By using the Kickback App, you affirm that you have read, understood, and agree to be bound by these Terms. If you are using the app on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms, and "you" in these Terms refers to both the individual user and the represented organization or entity.

If you do not agree to these Terms or any part of them, you should not access or use the Kickback App.

Please review these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. If you have any questions or concerns about these Terms, please contact us using the information provided in the "Contact Us" section of our Privacy Policy.

By using the Kickback App, you acknowledge that these Terms constitute a binding agreement between you and Kickback, and you agree to comply with all applicable laws and regulations while using the app.

Thank you for choosing Kickback. We hope you have a great experience using our app and connecting with taskers to fulfill your needs.

User Conduct:

Prohibited Activities:

When using the Kickback App, it is important to engage in responsible and respectful behavior. The following activities are strictly prohibited and may result in the termination of your account and access to the app:

Unauthorized Use: You must not access or use the Kickback App in any unauthorized manner, including but not limited to unauthorized access to accounts, systems, or data. You must not attempt to bypass any security measures or gain unauthorized access to other users' accounts or personal information.

Intellectual Property Infringement: You must respect the intellectual property rights of others. Unauthorized use, reproduction, distribution, or modification of copyrighted materials, trademarks, trade secrets, or any other intellectual property is strictly prohibited.

Spamming and Unsolicited Communications: You must not engage in spamming or send unsolicited communications, including promotional or marketing messages, to other users of the Kickback App without their consent.

Illegal or Harmful Activities: You must not use the Kickback App for any illegal, fraudulent, or harmful activities. This includes engaging in any form of harassment, hate speech, defamation, or any activity that violates applicable laws or infringes upon the rights of others.

Compliance:

As a user of the Kickback App, you have certain responsibilities to ensure compliance with applicable laws, regulations, and third-party terms. These responsibilities include, but are not limited to:

Applicable Laws and Regulations: You must comply with all local, state, national, and international laws and regulations that apply to your use of the Kickback App. This includes, but is not limited to, laws relating to privacy, data protection, intellectual property, and consumer rights.

Third-Party Terms: You must also comply with any terms and conditions imposed by third-party services or platforms that you may access through the Kickback App. This includes payment processors, external websites, or other services integrated with the app.

In-App Transactions: To maintain a secure and trusted environment, you must conduct all transactions and payments through the Kickback App. Paying or accepting payments outside the app is strictly prohibited and may result in account suspension or termination.

Prohibited Content: You must not post or share explicit or offensive content, including explicit words, images, or materials that are discriminatory, hateful, or inappropriate. Respectful and professional communication is expected from all users.

By using the Kickback App, you acknowledge and agree to comply with the above user conduct guidelines and to take full responsibility for your actions while using the app.

User Accounts:

Registration:

To create a user account on the Kickback App, please follow the registration process outlined below:

Provide accurate information: During the registration process, you will be required to provide accurate and up-to-date information, including your name, email address, and any other details requested. By registering, you confirm that all information provided is truthful and complete.

Eligibility Criteria: By creating an account on the Kickback App, you affirm that you meet the eligibility criteria. Users must be at least 18 years old or have the necessary legal capacity to enter into a binding agreement. If you are registering on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity.

Account Security:

Maintaining the security of your Kickback account is vital to safeguard your personal information. We strongly encourage you to adhere to the following guidelines to enhance the security of your account:

Confidentiality of Login Credentials: Safeguard your login credentials, including your username and password. Do not share your account details with others, and ensure that you log out of your account after each session.

Strong Passwords: Select a strong and unique password for your Kickback account. We recommend using a combination of letters, numbers, and special characters. Avoid using easily guessable passwords or those associated with your personal information.

Avoid Phishing Attempts: Be cautious of phishing attempts or suspicious emails claiming to be from Kickback. We will never ask you to provide your login credentials or personal information via email or other unsecured channels.

Termination:

Kickback reserves the right to terminate or suspend user accounts in accordance with the following conditions:

Violation of Terms: Users who engage in activities that violate our Terms of Service, including but not limited to harassment, unauthorized use, or engaging in prohibited actions, may have their accounts terminated or suspended.

Prohibited Actions: Any behavior deemed harmful, illegal, or infringing upon the rights of others, as determined by the Kickback team, may result in the termination or suspension of user accounts.

Payment Outside the App: Conducting financial transactions outside the Kickback App is strictly prohibited. Users found engaging in such activities may face termination or suspension of their accounts.

Intellectual Property:

Ownership:

The Kickback App and all of its content, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively referred to as "Content"), are the property of Kickback or its licensors and are protected by intellectual property laws.

All copyrights, trademarks, service marks, and other intellectual property rights pertaining to the Kickback App and its Content are owned by Kickback or its licensors. These rights are protected by both domestic and international copyright and trademark laws. The use of the Kickback App does not grant you any ownership rights or license to use the intellectual property of Kickback or its licensors.

User-Generated Content Guidelines:

As a user of the Kickback App, you may have the opportunity to generate and submit your own content, such as reviews, ratings, comments, or other materials ("User-Generated Content"). While you retain ownership of your User-Generated Content, you grant Kickback a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content on or in connection with the Kickback App.

By submitting User-Generated Content, you represent and warrant that you have the necessary rights and permissions to grant Kickback the above-mentioned license and that your content does not infringe upon the intellectual property rights or any other rights of any third party.

Restrictions:

The following restrictions apply to the use of the Kickback App and its Content:

Prohibited Use: You must not use, copy, reproduce, modify, adapt, distribute, display, transmit, publish, or create derivative works of the Kickback App or its Content, in whole or in part, except as expressly permitted by these Terms of Service.

No Reverse Engineering: You must not attempt to reverse engineer, decompile, or disassemble any part of the Kickback App or its Content or gain unauthorized access to any portion of the app's source code.

Trademarks: The trademarks, service marks, logos, and trade names displayed on the Kickback App are protected. You must not use these marks in any manner that is likely to cause confusion or imply endorsement without the prior written consent of Kickback or the respective trademark owner.

User-Generated Content Restrictions: When generating User-Generated Content, you must ensure that it does not violate any applicable laws, infringe upon third-party rights, or contain any offensive, defamatory, or inappropriate material.

Privacy and Data Protection:

Data Collection:

At Kickback, we take privacy and data protection seriously. We collect certain types of data to provide you with a personalized and seamless user experience. The types of data we collect may include:

Personal Information: When you create an account on the Kickback App, we collect personal information such as your name, email address, location, age, birthdate, and profile pictures. This information is necessary for account creation and identification purposes.

Usage Data: We collect information about how you interact with the Kickback App, including your actions, preferences, and usage patterns. This data helps us improve our services, personalize your experience, and analyze app performance.

Financial Information: For payment processing purposes, we collect and store financial information, such as credit card details, through our third-party payment processor, Stripe. We do not store your financial information on our servers.

Data Usage and Protection:

The data we collect is used for the following purposes:

Account Creation and Management: We use your personal information to create and manage your Kickback account, verify your identity, and communicate with you regarding your account and the services we provide.

Service Improvement: We analyze usage data to improve our services, enhance user experience, and tailor the app's features and content to better meet your needs.

Communication: We may use your email address to send you important updates, notifications, and promotional materials related to the Kickback App. You have the option to unsubscribe from marketing communications at any time.

User Interaction: The Kickback App allows users to view each other's profiles, rate and review services, and communicate through messaging. Your profile information and user-generated content may be visible to other users within the app.

Data Protection:

Kickback implements appropriate technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, and destruction. We rely on secure servers hosted by Bubble.io to store user data and employ industry-standard security practices to safeguard your information.

Third-Party Service Providers:

To provide and enhance our services, we may engage third-party service providers, such as payment processors and analytics providers. These providers may have access to your personal information as necessary to perform their services but are obligated to maintain the confidentiality and security of your data.

User Consent:

By using the Kickback App and providing your personal information, you consent to the collection, processing, and sharing of your data as described in this Privacy Policy. You have the right to withdraw your consent at any time by deleting your account or contacting us for further assistance. However, please note that withdrawing consent may limit your access to certain features and functionalities of the app.

Our data collection, processing, and sharing practices comply with applicable privacy laws and regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

Fee Agreement:

Kickback implements a fee structure that applies to transactions conducted through the platform. The following Fee Agreement outlines the current fee structure, including the additional fees for consumers and taskers. Please note that Kickback reserves the right to modify this fee structure at any time. By using the Kickback App, you agree to the current fee agreement as stated below:

Consumer Fee: Consumers using the Kickback App will be subject to a fee of 5% added to the total cost of the task. This fee is calculated based on the agreed-upon price between the consumer and the tasker. The consumer will be responsible for paying this fee in addition to the task cost.

Tasker Fee: Taskers using the Kickback App will be subject to a fee of 5% deducted from the total earnings for each completed task. This fee is calculated based on the agreed-upon price between the consumer and the tasker. The tasker's earnings will be reduced by this fee.

Please note that the fees outlined above are current as of the effective date of this Privacy Policy. Kickback reserves the right to modify these fees at any time without prior notice. Any changes to the fee structure will be communicated to users through the Kickback App or via other means, and the modified fees will apply to transactions initiated after the effective date of the fee change.

Limitation of Liability:

Disclaimer of Warranties:

The Kickback App and all of its content, features, and services are provided on an "as is" basis. Kickback makes no warranties or representations, express or implied, regarding the functionality, accuracy, reliability, or availability of the app.

To the fullest extent permitted by applicable law, Kickback disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.

Kickback does not warrant that the app will be error-free, uninterrupted, secure, or free from viruses or other harmful components. Any reliance you place on the app and its content is at your own risk.

Limitation of Liability:

In no event shall Kickback or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, data, goodwill, use, or other intangible losses arising from the use or inability to use the Kickback App.

This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other legal theory, even if Kickback has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. Therefore, to the extent such limitations are not permitted by applicable law, the above limitations may not apply to you.

In no event shall the total liability of Kickback and its directors, officers, employees, or agents exceed the amount paid by you, if any, for accessing or using the Kickback App during the six (6) months preceding the date of the claim.

The limitations of liability and disclaimers of warranties set forth in this section shall apply to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

Please note that some jurisdictions may not allow certain limitations on liability, so the above limitations and exclusions may not apply to you in their entirety.

By using the Kickback App, you acknowledge and agree that you assume full responsibility for your use of the app and any associated risks. You agree that any claims or disputes arising out of or related to your use of the app will be subject to the limitations and exclusions of liability set forth in this section.

Dispute Resolution:

Governing Law:

These Terms of Service and any dispute arising out of or in connection with the Kickback App shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of laws principles.

Dispute Resolution:

At Kickback, we strive to provide a fair and efficient process for resolving any disputes that may arise. In the event of a dispute between you and Kickback, we encourage you to first contact us directly to seek a resolution. Most disputes can be resolved informally and amicably through open communication.

If a resolution cannot be reached through informal means, the following dispute resolution procedures shall apply:

Negotiation: The parties shall engage in good-faith negotiations to attempt to resolve the dispute. Both parties agree to provide a written notice of the dispute to the other party, outlining the nature of the dispute and proposed resolution. The other party shall respond in writing within a reasonable time frame.

Mediation: If the dispute remains unresolved after negotiation, the parties agree to participate in mediation. The mediation shall be conducted by a mutually agreed-upon mediator in accordance with the rules and procedures of a recognized mediation service. The costs of mediation shall be shared equally by the parties unless otherwise agreed.

Arbitration: If the dispute is not resolved through negotiation or mediation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in the State of Michigan. The arbitration shall be conducted by a single arbitrator appointed in accordance with those rules. The decision of the arbitrator shall be final and binding on both parties.

Exceptions: Either party may bring a claim in a small claims court located in the State of Michigan without first engaging in negotiation, mediation, or arbitration, if the claim is within the jurisdictional limits of such court.

By agreeing to these Terms of Service, you acknowledge and agree to waive your right to participate in a class action lawsuit or class-wide arbitration.

This dispute resolution provision shall survive any termination of these Terms of Service.

Please note that the above dispute resolution procedures are intended to provide an efficient and cost-effective means of resolving disputes. They do not restrict your right to seek remedies available under applicable law or in a court of competent jurisdiction.

We encourage you to carefully read and understand the dispute resolution provisions outlined above. If you have any questions or concerns, please contact us using the information provided in the "Contact Us" section of these Terms of Service.

Modifications and Updates:

Amendment:

Kickback reserves the right to modify, update, or replace these Terms of Service at any time, in its sole discretion. Any changes to the Terms of Service will be effective immediately upon posting the updated version on the Kickback App or through other reasonable means of notification.

Notification:

Kickback will make reasonable efforts to notify users of any material changes to the Terms of Service. This may include sending a notification to the email address associated with the user's account or displaying a prominent notice within the app. However, it is your responsibility to regularly review the Terms of Service for any updates or changes.

Continued Use:

By continuing to use the Kickback App after any modifications or updates to the Terms of Service, you acknowledge and agree that you have read, understood, and accepted the revised terms. If you do not agree to the modified Terms of Service, you must cease using the app.

Contact Information:

If you have any questions, inquiries, or concerns regarding these Terms of Service or the Kickback App, please feel free to contact us using the following contact information:

Email: support@kickback.services

Phone: 616.929.0059

We strive to provide prompt and helpful assistance to our users and will make our best efforts to address your inquiries or concerns in a timely manner. Please note that response times may vary depending on the volume of inquiries received, but we will do our utmost to assist you as soon as possible.

For specific inquiries related to technical support, account-related issues, or other app-related matters, please reach out to our dedicated support team at [email protected]

We value your feedback and appreciate your engagement with the Kickback App. Your satisfaction and user experience are important to us, and we are committed to providing quality service and addressing any questions or concerns you may have.

Thank you for using Kickback!

Note: Please do not provide any sensitive or confidential information when contacting us. We will never ask you for your login credentials, password, or payment information via email or phone.