TERMS OF SERVICE

1. Agreement to Terms

Welcome to KickBack (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the Kickback Connect website at kickbackconnect.ioand our concierge sign-up service (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

We reserve the right to modify these Terms at any time. We will notify you of material changes through the website or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Reside in the United States and provide a U.S. service address
• Have legal authority to enter contracts for services at the address you provide
• Provide accurate and complete information
• Comply with all applicable federal, state, and local laws

By submitting a request, you represent and warrant that you meet all eligibility requirements.

3. The Kickback Connect Program

3.1 Program Overview

Kickback Connect is a concierge sign-up service. You tell us which home services you're interested in (e.g., internet, TV, cell phone, security, solar, water treatment, lighting, pest control, will & trust, health insurance), and we coordinate the sign-up with the underlying providers on your behalf. When the provider pays a referral commission for a customer like you, we pay a portion of that commission (a “Kickback”) to you instead of to a door-to-door sales rep.

We are not the provider of the underlying services. The actual internet, security, solar, or other service is delivered to you by the third-party provider you sign up with, under that provider's own agreement.

3.2 Kickback Qualification

To qualify for a Kickback, the following conditions must be met:

• You must submit your information through the Kickback Connect form;
• You must complete sign-up with the provider we connect you to;
• The service must be installed or activated and you must remain a paying customer for any minimum window the underlying provider requires to pay out the referral commission;
• You must not have signed up with that provider through any other agent, referrer, or promotion that conflicts with our referral; and
• All information provided must be accurate and complete.

3.3 Payment Processing

Kickbacks are processed according to the following terms:

• Payments are issued after the underlying provider pays the referral commission to us — typically 30–90 days after install
• Payments are made by Venmo, CashApp, or direct deposit using the contact information you provided
• You are responsible for all applicable taxes on Kickback payments
• We reserve the right to withhold payments pending investigation of suspicious activity
• Kickback amounts are estimates and depend on the provider's commission structure, your service plan, and any chargebacks or cancellations

3.4 Tax Reporting

If you receive $600 or more in Kickback payments in a calendar year, we will issue IRS Form 1099-NEC. You are responsible for reporting all income and paying applicable taxes, regardless of whether you receive a 1099 form.

3.5 No Guarantee of Approval

Whether you can sign up with a given provider depends on the provider's service area, credit check, equipment availability, and other factors outside our control. We do not guarantee that any specific provider will accept you as a customer or offer service at your address.

4. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Submit false, misleading, or stolen information
• Use the Service to refer yourself through multiple accounts or otherwise game the Kickback program
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers) to access the Service
• Upload viruses, malware, or other malicious code
• Impersonate any person or entity
• Collect or harvest user information without consent
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other consumer protection laws

We may suspend, terminate, or refuse to pay any Kickback if we reasonably believe you have violated these Terms or the rules of an underlying provider.

5. Intellectual Property Rights

5.1 Our Rights

The Service, including all content, features, and functionality, is owned by KickBack and protected by copyright, trademark, and other intellectual property laws. The KickBack name, logo, and related marks are trademarks of KickBack.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, strictly in accordance with these Terms.

5.3 User Content

You retain ownership of content you submit through the Service. By submitting content, you grant us a worldwide, royalty-free, non-exclusive license to use, display, and distribute your content in connection with operating and promoting the Service.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in our Privacy Policy.

Key privacy practices include:

• We collect contact information, service preferences, and usage data
• We use industry-standard encryption and security measures
• We comply with CCPA, CPRA, and other state privacy regulations
• You have the right to access, correct, or delete your data
• Please review our full Privacy Policy for complete details

7. TCPA Compliance

When you check the “I agree to be contacted” box on the Kickback Connect form, you give your prior express written consent to receive calls, texts, and emails about the services you selected — including through automated technology, artificial voices, or pre-recorded messages. Consent is not a condition of purchase, and you may revoke it at any time. See our TCPA Compliance Notice for the full disclosure, opt-out mechanisms, and recordkeeping practices.

8. Third-Party Services

The Service connects you with third-party providers (e.g., internet, TV, security, solar). We are not responsible for:

• The availability, quality, or performance of those providers' services
• Third-party terms of service or privacy policies
• Actions or omissions of third parties
• Disputes between you and third parties

Your interactions with third parties are solely between you and such third parties.

9. Disclaimers of Warranties

We do not guarantee any specific Kickback amounts. Your earnings depend on the providers' commission structures, your service plans, and other factors outside our control.

10. Limitation of Liability

Our total liability for any claims arising from these Terms or the Service shall not exceed the greater of:

• $100, or
• The amount of Kickback payments we owe or have paid you in the 12 months preceding the claim

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless KickBack, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of TCPA, CAN-SPAM, or other laws
• Any content you submit through the Service

12. Dispute Resolution

12.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at support@kickbackapp.io to attempt to resolve the dispute informally. We will work with you in good faith to resolve disputes.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• The arbitration shall be conducted in the state where you reside
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees

12.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND KICKBACK INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Either party may seek equitable relief in court for intellectual property infringement or unauthorized access to the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Utah, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Utah County, Utah, for any actions not subject to arbitration.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and TCPA Compliance Notice, constitute the entire agreement between you and KickBack regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to enforce any provision shall not constitute a waiver of that provision.

18. Assignment

You may not assign or transfer these Terms or your sign-up request without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder at any time without restriction.

19. Contact Information

If you have any questions about these Terms, please contact us: