Kickback APP User Agreement

1. Acceptance of Terms:

Welcome to Kickback, the social events and hangout app brought to you by Actiify LLC (“Actiify,” “Kickback,” “we,” “us,” or “our”). This User Agreement (“Agreement”) is a binding legal contract between you and Actiify LLC governing your access to and use of the Kickback app, website, and related services (collectively, the “App”).

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.

2. Eligibility and Age Verification:

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.

3. User Conduct:

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.

4. Assumption of Risk; Events and In-Person Activity:

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.

5. Release and Disclaimer of Liability:

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.

6. Indemnification:

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your attendance at or conduct during any Kickback Event; (c) your content or communications on the App; (d) your violation of this Agreement; or (e) your violation of any law or the rights of any third party. Actiify reserves the right to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense.

7. Limitation of Liability:

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).

8. Data Privacy and Security:

Actiify takes user privacy seriously and uses commercially reasonable, industry-standard measures to protect user data, as further described in our Privacy Policy. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at the contact below if you suspect unauthorized use of your account.

9. Modification of Terms:

Actiify reserves the right to modify this Agreement at any time. Material changes will be communicated through the App or by other reasonable means. Continued use of the App after changes take effect constitutes your acceptance of the modified Agreement.

10. Termination:

Actiify may suspend or terminate your account or access to the App at any time, with or without cause, with or without notice, including for actual or suspected violations of this Agreement. You may stop using the App and request account deletion at any time by contacting us. Sections 4 through 8, 11, and 12 of this Agreement survive any termination of your account.

11. Governing Law; Dispute Resolution; Arbitration:

Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, except where preempted by U.S. federal law.

Class Action Waiver. You and Actiify agree that any proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action, to the fullest extent permitted by law.

Binding Arbitration. Except for small-claims-court-eligible disputes or claims for injunctive relief related to intellectual property or unauthorized use of the App, you and Actiify agree that any dispute arising out of or relating to this Agreement or the App will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, with the arbitration to take place in, or be conducted by remote means from, Miami-Dade County, Florida.

Opt-Out. You may opt out of this arbitration clause by sending written notice to the contact email below within 30 days of first accepting this Agreement.

12. General Provisions:

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.

13. Contact Information:

For any inquiries or concerns regarding this Agreement, please contact us at support@kickbacksocial.com.