Terms & Conditions – Kickback Space

1. Acceptance of these Terms

“Institution” means a school, microschool, organization, or individual, such as a teacher, that uses the Service to set up and host sessions. “Participant” means anyone who joins a session, of any age. If you accept these Terms on behalf of an organization, you represent that you have authority to bind it, and “you” refers to both you and the organization.

If you do not agree to these Terms, do not use the Service. If you join a session as a Participant, the Institution that invited you is responsible for how its session is run, the Participant rules in Section 4 apply, and your use of the Service is also governed by the Institution’s rules.

If Kickback Space and an Institution have signed a separate written agreement, that agreement controls in the event of a conflict with these Terms.

2. Description of the Service

Kickback Space is a browser-based platform for running live, interactive online classes and meetings. Features may include live video and audio, screen sharing, chat, file sharing, breakout groups, whiteboards, polls, and other collaboration tools. Features may change over time.

The Service is intended for educational and professional use by Institutions and their Participants.

3. Eligibility and accounts

Account holders

You must be at least 18 years old to host sessions or purchase a plan. You agree to provide accurate and complete account information, to keep it up to date, and to keep access to your email account secure. You are responsible for all activity that occurs under your account, including sessions you host and invitations you send. Notify us immediately if you suspect unauthorized use of your account.

Participants

Participants join sessions by invitation or link from an Institution. To join, a Participant signs in with an email address, which creates a basic account. A Participant under 18 may use the Service only through an Institution that has accepted these Terms and has confirmed it will arrange any permission described in our Privacy Policy.

Plans and limits

Each plan includes the hosts, Participant limits, and features shown when you purchase it. A plan sold for one named person may be used to host sessions only by that person, and may not be shared. To change the named person, contact us.

4. Institution and Participant responsibilities

Institutions

You are responsible for deciding who may join your sessions, for keeping invite links private, and for managing who has access to your sessions.
Before inviting a child under 13, you will arrange the school authorization or parental consent described in our Privacy Policy, using the notice and form we provide. You are also responsible for the consents your own policies and laws require of you, and for telling Participants and, for children, their parents or guardians that you use Kickback Space.
You are responsible for supervising your sessions and for using the controls available in the Service to manage conduct in them.
You are responsible for the content you upload or share, including ensuring you have the rights to share it.

Participants

Follow the instructions of the session host and the rules of your Institution.
Only share your camera, microphone, screen, or files when you choose to and when it is appropriate for the class.
Treat other participants with respect. Do not harass, bully, record, or share content from a session without permission.

5. Acceptable use

You agree not to, and not to allow others to:

Use the Service for any unlawful purpose or in violation of any applicable law, including student privacy, data protection, and export laws.
Upload, share, or transmit content that is harmful to minors, sexually explicit, violent, hateful, defamatory, threatening, or that infringes any third party’s intellectual property or privacy rights.
Harass, bully, intimidate, or discriminate against any participant.
Record, capture, or redistribute session video, audio, chat, or content without the permission of your Institution and all affected participants, and in compliance with applicable law.
Join a session you were not invited to, impersonate another person, or share session links or codes with people who are not authorized to attend.
Probe, scan, or test the vulnerability of the Service; circumvent security or access controls; or interfere with the Service’s operation, including by introducing malware or overloading our infrastructure.
Scrape, crawl, or use automated means to access the Service, or reverse engineer, decompile, or attempt to derive the source code of the Service except where the law permits.
Resell, sublicense, rent, or lease the Service, or use it to build a competing product.
Use the Service to send unsolicited messages or marketing.

We may investigate violations and remove content or suspend accounts as described in Section 11.

6. Classroom participation and conduct

Kickback Space provides tools that Institutions use to run their sessions. The Institution, not Kickback Space, is responsible for how those tools are used and for the conduct of Participants during a session. We do not supervise or monitor live sessions and have no duty to do so.

Participants may decline a host’s request to turn on their camera or microphone, and they choose whether to share their screen. Institutions should not require Participants to share more than is necessary for the session.

Any leaderboards, points, or engagement or participation metrics in the Service are informational. They are not assessments of academic performance, and Institutions should not use them as the sole basis for grading or disciplinary decisions.

If you experience or witness inappropriate behavior in a session, report it to your Institution and, if you wish, to us at support@kickback.space.

7. Intellectual property

The Service, including its software, design, text, graphics, logos, and the Kickback Space name and marks, is owned by Kickback Space or its licensors and is protected by copyright, trademark, patent, and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal educational or professional purposes during your subscription term. No other rights are granted.

You may not remove or alter any proprietary notices, use our marks without our prior written permission, or copy, modify, distribute, or create derivative works of the Service.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

8. User-generated content

“User Content” means anything you or your participants upload, share, create, or transmit through the Service, including video, audio, screen shares, chat messages, files, whiteboard content, assignments, and responses to polls, quizzes, and surveys.

You and your participants retain ownership of User Content. You grant Kickback Space a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, reproduce, and process User Content solely as necessary to provide the Service to you and to comply with law. If your Participants create User Content, you confirm you have the rights needed to grant this license. This license ends when the User Content is deleted from the Service, except where retention is required by law or in logs on their normal deletion schedule. We may use aggregated or de-identified data that does not identify any person to operate and improve the Service.

You represent that you have all rights necessary to share your User Content and that it does not violate these Terms or any law. We do not pre-screen User Content, but we may remove or disable access to content that we reasonably believe violates these Terms.

We do not claim ownership of content Participants create and do not use it for advertising. When we process Participant information for a school, we do so on the school’s behalf, to provide the Service, and not for other commercial purposes.

Copyright complaints. If you believe content in the Service infringes your copyright, email a notice to support@kickback.space. We may remove the content, and we may end the access of repeat infringers.

9. Subscriptions, billing, cancellation, and refunds

Plans and pricing

Plans are sold as subscriptions for the periods, prices, and limits shown when you purchase. Prices are in U.S. dollars and do not include taxes unless stated. Where we are required to collect tax, we add it to your purchase. We may change prices with notice before the change applies; a change takes effect at your next renewal and does not affect a period you have already paid for.

Payment and renewal

Plans renew automatically for the same period at the then-current price until you cancel. By purchasing, you authorize us and our payment processor to charge the fee at each renewal. If a payment fails, we may suspend access until payment is received.

Cancellation

You can cancel your subscription at any time online using the link in your receipt or by emailing support@kickback.space. Cancellation takes effect at the end of your current period, and you keep access until then. Except as described below and where the law requires otherwise, fees already paid are non-refundable.

30-day money-back guarantee

If you ask within 30 days of your first purchase, we will refund 100% of that purchase, no questions asked, whichever plan length you bought. To request a refund, email support@kickback.space. The guarantee applies once per customer and does not cover renewals.

Early access and free trials

We may offer early access, beta features, or free trials. These may be modified or withdrawn at any time, and a trial converts to a paid subscription only if you expressly purchase one.

10. Service availability and modifications

We work to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, or events outside our control, including internet or third-party infrastructure outages. We do not offer an uptime commitment or service credits unless we agree to them in a separate signed agreement.

We may add, change, or remove features, or change system requirements (such as supported browsers), at any time. If a change materially reduces the core functionality of a paid plan, you may cancel and receive a pro-rated refund of prepaid fees for the remainder of your term. This is your only remedy for that change.

The Service requires a supported web browser, a stable internet connection, and a device with a camera and microphone for full functionality. You are responsible for your own equipment and connectivity.

11. Suspension and termination

You may stop using the Service at any time and ask us to close your account by contacting us. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for Kickback Space or other users, failed to pay fees when due, or if we are required to do so by law.

On termination, your right to use the Service ends immediately. If you ask before your account closes, we will try to provide a copy of saved content where reasonably available. We then delete it as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 7, 8, 12, 13, and 14) will survive.

12. Disclaimers and limitation of liability

Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, KICKBACK SPACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, PRODUCE ANY PARTICULAR EDUCATIONAL OUTCOME, OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ANY ENGAGEMENT OR PARTICIPATION INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KICKBACK SPACE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud or willful misconduct.

Indemnification

If you are an Institution, you will defend and indemnify Kickback Space against third-party claims, and the resulting damages and expenses (including reasonable attorneys’ fees), to the extent they arise from your User Content, your use of the Service in violation of these Terms, or your inviting a Participant without the authority or permission these Terms require. This does not apply to the extent a claim results from our own breach or negligence.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. This does not remove any protection you have under mandatory consumer laws where you live. Except for disputes that go to arbitration below, any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction there. Either party may bring an individual claim in small claims court.

Before filing a claim, each of us agrees to attempt in good faith to resolve the dispute informally for at least 30 days, starting when the other receives written notice. Send notices to us at support@kickback.space.

Arbitration and class waiver. PLEASE READ CAREFULLY. This applies only to account holders who pay for the Service, other than public Institutions. It does not apply to claims by Participants, parents, or guardians. If the informal process does not resolve a dispute, you and Kickback Space will resolve it by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual, or its Commercial Arbitration Rules if you are an organization, including its Mass Arbitration Supplementary Rules where they apply. Hearings will be held by video, or in person in the county where you live or your organization is based. Claims of $25,000 or less will be decided on written submissions unless the arbitrator decides a hearing is needed. The Federal Arbitration Act governs this section. YOU AND KICKBACK SPACE GIVE UP THE RIGHT TO A COURT OR JURY TRIAL AND THE RIGHT TO BRING OR JOIN A CLASS OR REPRESENTATIVE ACTION. The arbitrator may award the same individual relief a court could. Small claims, intellectual property claims, and requests for public injunctive relief are not subject to arbitration and go to court. You can opt out by emailing support@kickback.space with your name and account email within 30 days after you first accept these Terms. If the class waiver is unenforceable for a claim, that claim goes to court, not arbitration.

Public schools and government entities: if you are a public Institution that cannot by law agree to the governing law, venue, limitation of liability, or indemnification provisions in these Terms, those provisions apply only to the extent permitted by the laws that govern you.

14. General terms

Entire agreement. These Terms and any separate written agreement with an Institution are the entire agreement between you and Kickback Space regarding the Service. Our Privacy Policy describes our practices and is not part of this agreement.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Waiver and severability. Our failure to enforce a provision is not a waiver. If any provision is found unenforceable, the rest of these Terms remain in effect.
Export and sanctions. You may not use the Service in violation of U.S. export control or sanctions laws.
Notices. We may send notices to the email address on your account. Notices to us should be sent to the address in Section 16.
No third-party beneficiaries. Except as expressly stated, these Terms do not create rights for any third party.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms and update the “Last updated” date at the top of this page. If we make material changes, we will also let account holders know by email or through the Service. Changes apply going forward and do not affect disputes that arose before they took effect. If you do not agree to the updated Terms, you may cancel your subscription. Continued use of the Service after you have been notified means you accept the updated Terms.

16. Contact us

Questions about these Terms can be sent to:

Email: support@kickback.space
Mail: Kickback Space, Inc., 251 Little Falls Drive, Wilmington, DE 19808