Kickback APP User Agreement

By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you do not agree, you may not use the App.

You must be at least 18 years of age to create an account or use the App. By using the App, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into this Agreement. Actiify reserves the right to request proof of age and to immediately terminate any account found to belong to a person under 18.

• a. Respectful Behavior: Users are expected to treat others with respect and courtesy. Harassment, stalking, pressure, unwanted contact, discrimination, or any form of abusive or threatening behavior toward other users, hosts, venues, or staff is strictly prohibited.
• b. Appropriate Content: Users must ensure that profiles, status updates, messages, and events they create are lawful, accurate, and free of hateful, harassing, sexually explicit, violent, or otherwise inappropriate content.
• c. No Illegal Activity: Users may not use the App to plan, promote, or engage in illegal activity, or to circumvent any venue or local laws (including alcohol service, occupancy, and age-restriction laws).
• d. Content Responsibility: You are solely responsible for any content you post and for your own conduct, statements, and interactions on and off the App. Actiify does not control and is not responsible for user-generated content or for the actions of any user, host, or venue, whether on the App or at any event.
• e. Account Suspension and Termination: ACTIIFY LLC reserves the right, in its sole discretion and with or without prior notice, to warn, suspend, or permanently terminate any account that violates this Agreement, that we believe poses a risk to other users, or for any other reason we deem appropriate. You have no right to a particular outcome, explanation, or appeal, though we may offer one as a courtesy.

• Kickback's core function is to help people discover and attend in-person social events — whether with people they don't yet know or with friends they have already connected with through the App. By using the App and attending any event discovered, organized, or promoted through it, including events created through Private Kickback or any similar feature for organizing gatherings among friends or connections made on the App (collectively, “Kickback Events”), you voluntarily and knowingly assume all risks associated with such participation, including but not limited to:
• Physical injury, illness, or death
• Property damage or loss
• Interactions, disputes, or incidents involving other attendees, hosts, ambassadors, or third parties
• Transportation to and from any event as well as Conditions of the venue, including food, beverages (including alcohol), facilities, equipment, weather, and premises hazards
• These risks may be caused by the negligence of other users, hosts, venues, or third parties, by your own actions, or by circumstances beyond anyone's control. You are responsible for exercising your own judgment and for taking reasonable precautions for your personal safety, including with respect to alcohol consumption, transportation, and disclosure of your location to trusted contacts.

• a. General Release: General Release. To the fullest extent permitted by law, you release, waive, and discharge Actiify LLC, its officers, employees, contractors, ambassadors, and affiliates (the “Released Parties”) from any and all liability, claims, demands, or causes of action arising out of or related to your use of the App or your attendance at, travel to or from, or participation in any Kickback Event, including claims based on the negligence of the Released Parties, to the extent permitted by applicable law. This release does not apply to claims arising from the gross negligence, willful misconduct, or intentional acts of Actiify LLC itself.
• b. Host and Venue Independence: Event hosts, ambassadors, and venues — whether individual users (including users organizing a Private Kickback or other private event with friends or connections made on the App), businesses, or any other party — are independent of Actiify and are not employees, agents, or representatives of Actiify. This applies equally to publicly listed events and to private, friends-only gatherings organized through the App. Actiify does not own, operate, staff, or control any third-party venue, and does not supervise events in person, public or private. Hosts and venues, not Actiify, are responsible for the safety, conduct, and outcome of the events they organize or host. Any disputes regarding an event should be directed to the relevant host or venue.
• c. No Liability for User Conduct or Content: Actiify is not liable for any damage, harm, injury, loss, or dispute arising from the words, actions, omissions, or conduct of any user, host, venue, or other third party, whether occurring on the App or at any event, online or in person.
• d. “As Is” Disclaimer: The App is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Actiify does not warrant that the App will be uninterrupted, secure, or error-free, or that any event will occur as described.

a. Nature of Community Features. Community Features let users create, join, and participate in groups, feeds, chats, and gatherings. Content posted within a Community Feature is created by users, not by Actiify. Actiify does not endorse, verify, or take responsibility for any User Content, Scene, group, listing, or gathering.

b. No Obligation to Monitor. We may, but are not obligated to, monitor, review, moderate, edit, or remove User Content or activity within any Community Feature. Our decision to moderate some content does not create any duty to moderate other content, and does not make us responsible for content we do not remove.

c. No Expectation of Privacy Among Users. Content you post in a Scene, group chat, lounge, feed, or other Community Feature may be visible to other members of that feature, and those members may screenshot, save, repost, or share it outside the App. Do not post anything in any Community Feature that you would not want shared beyond it. This section describes how other users may treat your content; our own handling of your data is described in our Privacy Policy.

d. Membership Criteria and Limited-Access Features. Some Community Features may be open to all users, and others may be limited to users who meet stated criteria, who are approved by a Community Leader, or who are invited by another user. Approval, admission, and removal decisions may be made by Community Leaders or by Actiify, in their or our discretion. Where a Community Feature is described as being for a particular group, membership is based on user self-identification and any approval process described in the App. Actiify does not verify, and makes no representation or warranty regarding, the identity, characteristics, or eligibility of any member of any Community Feature. Admission to a Community Feature is a revocable permission and not a right, and we or a Community Leader may remove any user at any time for any reason.

e. Availability. We may add, change, limit, suspend, or discontinue any Community Feature, or any Scene or group within it, at any time and without notice or liability. We are not obligated to preserve, export, or return any User Content associated with a discontinued feature.

PLEASE READ THIS SECTION CAREFULLY. Actiify does not conduct criminal background checks, identity verification, reference checks, or any other screening of users, Community Leaders, venues, or event attendees, and has no obligation to do so. Any limited verification step we may offer or perform is not a guarantee of any user's identity, character, safety, or intentions.You are solely responsible for evaluating the people you meet and communicate with through the App and for taking reasonable precautions for your own safety. We strongly encourage you to meet in public places, tell a trusted contact where you are going, arrange your own transportation, and end any interaction that makes you uncomfortable.

8. Indemnification:

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL ACTIIFY LLC OR THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR PERSONAL INJURY ARISING FROM OR RELATED TO YOUR USE OF THE APP OR ATTENDANCE AT ANY EVENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ACTIIFY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO ACTIIFY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) FIFTY DOLLARS ($50).

a. Severability. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.

b. No Waiver. Actiify's failure to enforce any provision of this Agreement is not a waiver of its right to do so later.

c. Entire Agreement. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Actiify regarding the App.

d. Assignment. Actiify may assign this Agreement in connection with a merger, acquisition, or sale of assets. You may not assign this Agreement without our prior written consent.

15. User Content and License