Terms of Service
1. Who we are and how these terms work
These Terms of Service (“Terms”) govern your access to and use of Kicbac’s websites, applications, platforms, products, and services (collectively, the “Services”).
“Kicbac,” “we,” or “us” means Kicbac, Inc., a Delaware corporation authorized to conduct business in the State of Arizona, and “you” means the person or entity using the Services.
By accessing or using the Services, you agree to these Terms and to our Privacy Policy.
If you are accepting these Terms on behalf of a company, you represent that you are authorized to bind that company.
2. Accounts and eligibility
You must be at least 18 years old to use the Services. You are responsible for your account, credentials, and all activity under your account. Keep your password confidential and notify us immediately of any unauthorized use.
We may decline or suspend accounts at our discretion if we believe misuse, risk, or fraud exists.
3. Our Services
Kicbac provides financial-technology tools, integrated payments, partner and agent portals, training content, and optional website design and hosting. Services may include third-party components or integrations.
Some features may be labeled beta or preview and may change, be replaced, or end at any time.
We may modify or discontinue any part of the Services. If material changes occur, we will provide notice where reasonable.
4. Your responsibilities
Accurate information. Provide and maintain complete and accurate account, business, and compliance information.
Acceptable use. You agree not to misuse the Services. Prohibited uses include unlawful activity, reverse engineering, scraping, interfering with security or access controls, sending spam, or infringing others’ rights.
Compliance is your responsibility. You are solely responsible for complying with all applicable laws, card-brand and network rules, tax obligations, and industry standards related to your business. This includes but is not limited to programs such as surcharge, cash discount, or dual pricing, along with required signage, disclosures, and restrictions.
Content you provide. You represent you have all rights to the content, data, and materials you submit and that they do not infringe any third-party rights or laws.
5. Fees and billing
You agree to pay all fees described at sign-up, in an order form, or in your merchant or partner agreement.
For recurring fees, you authorize Kicbac to store your payment method and charge it on a recurring basis. Fees are non-refundable unless expressly stated.
Price guarantee. If we advertise guaranteed pricing for the term of your agreement, we will not increase your Kicbac platform rates during that term. Card-brand assessments, pass-through costs, taxes, and third-party fees may change and are outside our control.
6. Service features (including website design and hosting)
Kicbac may offer optional features such as website design, hosting, and landing-page creation.
Ownership. Kicbac retains ownership of any website design, templates, code, or deliverables we create or provide. You retain ownership of your logo, trademark, and business content that you supply.
License. While your account remains current, we grant you a limited, non-exclusive, non-transferable license to use and display your Kicbac-hosted website for your ordinary business purposes.
No transfer without consent. You may not copy, export, or host Kicbac code or templates elsewhere without our written consent.
Your content. You are solely responsible for the accuracy and legality of all content, pricing, and claims displayed on your website.
Availability. Hosting may rely on third-party infrastructure. We strive for uptime but do not guarantee uninterrupted access.
7. Compliance and pricing programs
Kicbac may provide educational materials, templates, and tools to assist with surcharge, cash discount, or dual pricing programs.
These are for informational purposes only and do not constitute legal advice. You are solely responsible for determining whether, where, and how to implement such programs, including required disclosures, signage, calculation methods, and prohibitions.
Kicbac is not responsible for fines, fees, chargebacks, assessments, or enforcement actions arising from your compliance choices.
8. Partners, agents, and resellers
If you participate as a partner, agent, or reseller, your activities are also governed by your partner agreement. You must comply with applicable marketing, privacy, and telemarketing laws. You may not make representations or promises on Kicbac’s behalf unless authorized in writing.
9. Communications and SMS
By providing a phone number, you consent to receive service and marketing texts as described in our Privacy Policy. Message and data rates may apply. You can opt out by replying STOP.
10. Support and maintenance
Kicbac may provide technical support or customer service for the Services. Support is provided as available, and response times are not guaranteed.
We may perform maintenance or updates that may cause temporary outages. Updates may modify or discontinue certain features. We do not warrant backward compatibility of previous versions.
11. Confidentiality
Each party may receive confidential information from the other. The receiving party will use reasonable safeguards and will not disclose the other party’s confidential information except to deliver the Services or as required by law.
12. Intellectual property
The Services, software, documentation, and materials are owned by Kicbac or its licensors and are protected by intellectual property laws. Except for limited rights expressly granted to you, no other rights are conveyed.
You may not remove proprietary notices or use Kicbac trademarks without written permission.
13. Third-party integrations and sub-processors
The Services may include integrations with third-party software, hardware, or APIs. Such third-party products are subject to their own terms and privacy policies.
We may use sub-processors and third-party service providers to deliver the Services. By using the Services, you authorize us to engage them. We are not responsible for failures or actions of third-party providers.
14. Disclaimers
The Services (including all optional programs, websites, and integrations) are provided “as is” and “as available.”
Kicbac disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee the Services will be uninterrupted, error-free, or free of harmful components, or that any compliance outcomes will be achieved through use of the Services.
15. Limitation of liability
To the fullest extent permitted by law, Kicbac will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenues, data, or goodwill.
Kicbac’s total aggregate liability for all claims relating to the Services will not exceed the amount you paid to Kicbac for the Services that gave rise to the claim during the twelve (12) months prior to the event giving rise to liability.
Any claim or cause of action must be filed within one year of when it arose, or it is permanently barred.
16. Indemnification
You will defend, indemnify, and hold harmless Kicbac, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to:
(a) your content or your websites,
(b) your use of the Services,
(c) your pricing or compliance programs (including surcharge, cash discount, or dual pricing),
(d) your violation of these Terms or applicable law, or
(e) any dispute between you and your customers, partners, or end users.
17. Term, renewal, and termination
Term. These Terms begin when you first access the Services and continue until terminated. Certain Services may have an initial or minimum term as stated in your order or merchant agreement.
Auto-renewal. Unless otherwise specified, subscriptions automatically renew for successive periods equal to the initial term unless either party gives written notice of non-renewal at least 30 days before the current term ends.
Suspension. We may suspend or restrict access immediately for nonpayment, suspected fraud, risk, or violation of these Terms.
Termination. Either party may terminate for cause if the other materially breaches these Terms and fails to cure within 15 days of notice. You may terminate at any time by stopping use of the Services, but fees already due remain payable.
Sections that by their nature survive (including 4–16 and 18–23) remain in effect.
18. Changes to the Services or Terms
We may modify the Services, policies, or these Terms. We will post updates and, if changes are material, provide notice through email or in-app message. Continued use after changes take effect means you accept them.
19. Dispute resolution, governing law, and venue
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law principles, and applicable U.S. federal law.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, which both parties agree have personal jurisdiction.
Each party waives any objection to venue or jurisdiction in those courts and waives a jury trial to the extent permitted by law.
Kicbac, Inc. is incorporated in Delaware, and nothing in this section limits our right to enforce corporate or intellectual property rights under Delaware law where appropriate.
20. Force majeure
Kicbac is not liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, power outages, labor disputes, government actions, or network failures.
21. Notices
Notices to Kicbac must be sent to support@kicbac.com and are deemed received upon confirmation of delivery.
We may send notices to you at your registered email address, account dashboard, or mailing address if provided.
22. Relationship of the parties
Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Kicbac. Each party is an independent contractor.
23. Entire agreement; assignment; waiver
These Terms, the Privacy Policy, and any related order or merchant agreements are the entire agreement between you and Kicbac.
You may not assign or transfer your rights or obligations without our consent. We may assign these Terms to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
Failure to enforce any provision will not be deemed a waiver. If any provision is found unenforceable, the remainder remains in full effect.