Terms of Service

1. What Kickback is

Kickback is strictly a software tool that acts as a bulletin board and ticketing system. Hosts use us to share their private events, and guests use us to discover them.We just share them; we do not host them. Kickback is not the organizer, host, sponsor, or operator of any event and does not own, run, or supervise any venue. Events are created, hosted, and managed entirely by third-party hosts. While we use phone authentication and trust tiers (e.g., "verified hosts") to ensure users are real humans and mitigate spam,we do not perform background checks, inspect venues, or endorse any event, host, venue, or guest.

2. Eligibility

You must be at least 18 years old to use Kickback. Individual hosts may set lower or higher age requirements for their specific events; Kickback does not control or enforce these event-specific limits. You must meet the host's requirements to attend.

Substances & Conduct: Alcohol, if present, is the exclusive responsibility of the host and attendees, and may only be served or consumed where fully legal and by people of legal drinking age. Kickback unconditionally disclaims all liability for the presence, overconsumption, or illegal distribution of alcohol or controlled substances at any event. You are exclusively responsible for knowing and following the laws that apply to you.

3. Your account

Accounts use phone verification. Keep your phone and account secure; you're responsible for everything that happens under your account. Provide accurate information, one account per person, and don't impersonate anyone. We may suspend or remove accounts that break these Terms or that we believe pose a risk to others.

4. If you host an event

You are solely responsible for your event. You agree that:

• you have the legal right to host at the location and to admit guests;
• you will comply with all applicable laws and rules — including occupancy, noise, fire and safety, alcohol, food, permits, and tax;
• your listing is accurate and not misleading, and your event is real;
• you are responsible for the safety and conduct of your event and your guests;
• you will honor entry you've sold, and handle your guest list, approvals, and check-ins yourself;
• you will not run concurrent live events. Platform rules limit hosts to one live event at a time.

You set your cover price. Funds are held in escrow by the platform and payouts are issued manually no sooner than 24 hours after the event concludes, subject to these Terms, our refund policy, reports, and review. We may withhold or reverse payouts for events that are cancelled, frozen, fraudulent, or in dispute.

5. If you attend an event

You attend events at your own risk. Private events are not controlled by Kickback, and we make no promises about any event, host, venue, or other guest. You assume all risks of attending, including risks to your safety and property, and you release Kickback from any claims arising out of an event you find or reserve through the platform.

Entry & Scanning. Tickets are non-transferable digital passes. The QR code provided with your ticket acts exclusively as a server token for entry verification and does not contain the event address or other offline data. Follow the host's rules and the law, and behave respectfully toward others.

6. Address & Location Features

Exact addresses are revealed only to approved guests at the host's chosen time. Prior to the reveal, an approximate area is shown.Location Disclaimer: Our location masking, dynamic offsets, and mapping features are provided for convenience only. Kickback is not liable for errors in third-party maps, reverse-engineering of approximate locations, or unauthorized sharing of addresses by guests.

A revealed address is strictly confidential. You may not republish, post, forward, screenshot for distribution, or otherwise share an event's exact location with anyone who isn't an approved guest. Misusing address information is a serious violation and may result in a permanent ban and liability for resulting harm.

7. Payments, fees & refunds

Paid entry is processed by our payment provider (Stripe). Buyers pay the host's cover plus a service fee shown before checkout. Money is escrowed by the platform.

Financial Obligations. Kickback expressly owes no guaranteed financial obligations to users whose events violate these Terms. If an event is fraudulent, canceled, violates our safety policies, or generates disputes, we reserve the right to intercept, reverse, refund, or deny payouts entirely at our absolute discretion.

Refund policy. All sales are final once you are approved for an event — not attending is not grounds for a refund. You will be refunded automatically if the event is cancelled by the host, removed from the platform, or you are not approved or are removed before the event. Service fees may be non-refundable except where the event did not take place. We may issue refunds at our discretion. If you believe you were charged in error, contact us before disputing the charge with your bank.

8. Prohibited & Phantom Events

You agree not to use Kickback to:

• promote or run anything illegal, or any event that endangers people;
• harass, threaten, or harm others, or facilitate doing so;
• share revealed addresses outside the approved guest list;
• scrape, attack, reverse-engineer, or interfere with the platform or other users.

Phantom Events & Wire Fraud: The creation of "phantom" or entirely fake events designed to fraudulently collect ticket revenue is strictly prohibited. Because Kickback utilizes interstate payment processing networks, creating fake events constitutes wire fraud. Any account discovered orchestrating a phantom event will be permanently banned. All pending platform payouts will be seized and fully refunded to victims, and we explicitly reserve the right to report the account details, associated phone numbers, and linked financial information directly to law enforcement.

9. Content you post & DMCA

You keep ownership of flyers and other content you upload, but you grant Kickback a worldwide, royalty-free, perpetual, and non-exclusive license to host, display, and distribute it for operating the service. Only upload content you have the rights to, and nothing unlawful or infringing. Kickback is not liable for intellectual property violations in user-uploaded flyers. We strictly reserve the right to remove content or events at our absolute discretion without notice.

10. Reports & enforcement

Guests can report events. Events that receive multiple reports may be automatically frozen — hidden, with the address locked — pending review, and affected buyers may be refunded. We may remove events, suspend accounts, or ban users at our discretion to protect the community.

11. Disclaimers & Force Majeure

Kickback is purely a discovery and ticketing software tool. We are provided "as is" and "as available," without warranties of any kind. We explicitly disclaim all liability for any physical events, altercations, property damage, personal injury, illness, code violations, or unlawful acts that occur at events. We don't warrant that events are safe, legal, accurately described, or that they will happen. You acknowledge that Kickback exercises no control over physical spaces or event personnel.

Force Majeure: Kickback shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, internet outages, payment gateway failures, or government restrictions.

12. Limitation of liability

Under no circumstances, to the maximum extent permitted by law, will Kickback or its operators be liable for any direct, indirect, incidental, punitive, special, or consequential damages, or for any injury, loss, or harm (including death) arising out of an event, the use of our software, or the actions of any host or guest. Our control of platform funds does not constitute operational control over any event. Our total liability for any claim whatsoever is strictly capped at the amount of platform service fees we collected from you in the 12 months preceding the claim, or one hundred US dollars ($100), whichever is greater.

13. Indemnification & Release

You fully release, agree to defend, indemnify, and hold harmless Kickback and its operators from any and all claims, demands, liabilities, damages, losses, and expenses (including legal fees) arising out of or related to: (a) your events or your attendance at events, (b) any injury, death, or property damage occurring at your events, (c) your content, or (d) your violation of these Terms or applicable laws.

14. Governing Law, Arbitration, & Class Action Waiver

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively through final and binding arbitration, rather than in court.

Class Action Waiver: You explicitly waive any right to participate in a class action lawsuit, class-wide arbitration, or consolidated action against Kickback. All claims must be brought in your individual capacity. If any provision of these Terms is found to be unenforceable, that provision will be severed, and the rest of the Terms will remain in full force and effect.

15. Changes & contact

It is at our sole discretion to modify, replace, or update these Terms of Service at any time without prior notice. Your continued use of the platform means you accept the changes. Questions? Contact us at kickbackapp@proton.me.