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 mobile application, website, and services (collectively, the "Service"). By accessing or using our 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 app 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 a geographic area where Fidium Fiber internet service is available
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with all applicable federal, state, and local laws

By registering for an account, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

You must create an account to use the Service. You agree to:

• Provide accurate, current, and complete information
• Update your information to maintain its accuracy
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, fraudulent activity, or any reason we deem appropriate. You may delete your account at any time through the app settings.

4. The KickBack Referral Program

4.1 Program Overview

KickBack operates a multi-level marketing (MLM) referral program for Fidium Fiber internet services. The program enables users to earn commissions by referring customers who successfully sign up for Fidium Fiber services.

4.2 Commission Structure

Commissions are distributed across three tiers:

• Level 0 (Direct Seller): $150 for each customer you directly refer who completes a successful installation
• Level 1 (Your Referrer): $75 for each customer you refer
• Level 2 (Your Referrer's Referrer): $50 for each customer you refer
• Level 3 (Third-Level Upline): $25 for each customer you refer

4.3 Commission Qualification

To qualify for commissions, the following conditions must be met:

• The referred customer must successfully complete the Fidium Fiber service installation
• The customer must remain active for at least 30 days without cancellation
• The referral must be properly tracked through your unique referral code or QR code
• The customer must not have had Fidium Fiber service within the previous 90 days
• All information provided must be accurate and complete

4.4 Payment Processing

Commissions are processed according to the following terms:

• Payments are issued after the 30-day qualification period
• Payments are made via the payment method on file in your account
• You are responsible for all applicable taxes on earnings
• Minimum payout threshold is $50
• We reserve the right to withhold payments pending investigation of suspicious activity

4.5 Tax Reporting

If you earn $600 or more 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.

5. Referral Code and QR Code Usage

5.1 Code Generation

Upon registration, you will receive a unique referral code and QR code. You may share these codes through approved channels to track your referrals.

5.2 Prohibited Marketing Practices

You agree NOT to:

• Use spam, unsolicited emails, or robocalls to promote your referral code
• Make false, misleading, or exaggerated claims about Fidium Fiber services
• Misrepresent your relationship with KickBack or Fidium Fiber
• Use paid advertising on search engines without prior written approval
• Engage in trademark or copyright infringement
• Create fake accounts or engage in referral manipulation
• Violate the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act
• Share codes with individuals who do not have genuine interest in the service

5.3 TCPA Compliance

When submitting referral information, you represent that you have obtained proper consent from individuals to receive communications about Fidium Fiber services. You will maintain records of such consent and comply with all opt-out requests. Violation of TCPA regulations may result in immediate account termination and legal liability.

6. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• 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
• Harass, threaten, or harm other users
• Impersonate any person or entity
• Collect or harvest user information without consent
• Engage in fraudulent referral schemes or pyramid schemes
• Manipulate commission structures through self-referrals or circular referrals

7. Intellectual Property Rights

7.1 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.

7.2 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.

7.3 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.

8. 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, financial information, and usage data
• We use industry-standard encryption and security measures
• We comply with GDPR, CCPA, and other privacy regulations
• You have the right to access, correct, or delete your data
• Please review our full Privacy Policy for complete details

9. Third-Party Services

The Service integrates with Fidium Fiber and other third-party services. We are not responsible for:

• The availability, quality, or performance of Fidium Fiber 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.

10. Disclaimers of Warranties

We do not guarantee any specific earnings or commission amounts. Your income depends on your individual efforts and market conditions.

11. 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 you paid to us 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.

12. 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 referral activities and marketing practices
• Your violation of TCPA, CAN-SPAM, or other laws
• Any content you submit through the Service

13. Dispute Resolution

13.1 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.

13.2 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

13.3 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.

13.4 Exceptions

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

14. Governing Law

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

15. 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.

16. 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.

17. Entire Agreement

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

18. 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.

19. Assignment

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

20. Contact Information

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