KickBot

Terms of Service

The rules and guidelines for using KickBot and its services.

Last updated: February 2026

TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

We are KickBot Inc ("Company," "we," "us," "our"), a company registered in Delaware, United States, with a mailing address at 150 Sutter Street, P.O. Box 402, San Francisco, CA 94104.

We operate the website http://www.kickbot.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

This is a product built for live streamers. It consists of many features with the goal of making the content creation and live streaming process easier and more entertaining.

You can contact us by email at [email protected], or by mail to 150 Sutter Street, P.O. Box 402, San Francisco, CA 94104, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and KickBot Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records. Last updated February 2026.


TABLE OF CONTENTS



1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal or business use in connection with your streaming activities only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal or business use in connection with your streaming activities.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us a non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and utilize your Contributions as reasonably necessary to operate, provide, improve, and promote the Services, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section solely in connection with the operation of the Services. Our use and distribution may occur in any media formats and through any media channels as needed to deliver the Services.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and, in cases involving suspected illegal activity, report relevant information to appropriate law enforcement authorities as required or permitted by applicable law.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS AND DMCA POLICY" section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through unauthorized automated means, including bots, scripts, scrapers, or similar technology, except as expressly provided through KickBot's intended features and integrations; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

Subscription payments for premium plans are processed through Stripe, Whop, or PayPal. Tip payments are processed through Stripe Connect. By making a purchase, you agree to the applicable third-party payment processor's terms of service in addition to these Legal Terms.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

6. CANCELLATION

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. For information on refunds, please see our Refund Policy.

If you are unsatisfied with our Services, please email us at [email protected].

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Knowingly post false or misleading statements intended to damage the reputation of the Company or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, or as expressly provided through KickBot's intended features and integrations (such as chatbot functionality and streaming tools), use, launch, develop, or distribute any unauthorized automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.
  • Create, download, save, or share any content that is prohibited by Kick's terms of service.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, transferable, royalty-free, worldwide license to use, copy, reproduce, distribute, display, and perform your Contributions solely as reasonably necessary to operate, provide, improve, and promote the Services, and to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section solely in connection with the operation of the Services. This license continues for as long as your Contributions remain on or are used in connection with the Services, and terminates when your Contributions are removed, except to the extent required for backup, archival, or legal compliance purposes. Our use and distribution may occur in any media formats and through any media channels as needed to deliver the Services.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide, solely in connection with operating and promoting the Services. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may connect your account with third-party platforms, including but not limited to Discord and Kick (each such connected account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account via an authorized connection (such as OAuth), as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) publicly available information from your Third-Party Account (the “Social Network Content”), such as your username, profile picture, and other publicly visible profile details, so that it is available on and through the Services via your account, and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. We also collect and store the email address you provide during registration. We do not access your email address book, contacts list, or any private data stored on your personal devices. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, publicly available information from your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. ADVERTISERS

We may display promotional content, including advertisements for our own services, affiliated products, or selected third-party partners, in certain areas of the Services. Such promotional content may appear as banners, sidebar placements, or integrated recommendations. We are not responsible for the content or accuracy of any third-party advertisements, and the inclusion of any advertisement does not constitute an endorsement by us.

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.kickbot.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

If KickBot becomes aware of a security breach that results in unauthorized access to users' personal information, we will notify affected users without unreasonable delay and in accordance with applicable law. Notification will be provided via email to the address associated with your account, and where required by law, through other means such as prominent notice on our website. The notification will include: a description of the nature of the breach, the types of information involved, steps KickBot is taking to address the breach, and recommended steps users can take to protect themselves. KickBot maintains commercially reasonable security measures to protect user data but cannot guarantee absolute security.

15. COPYRIGHT INFRINGEMENTS AND DMCA POLICY

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. It is our policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of repeat infringers in appropriate circumstances.

Designated Agent

Our designated agent for receiving DMCA notices is:

KickBot Inc
Attn: DMCA Agent
150 Sutter Street, P.O. Box 402
San Francisco, CA 94104
Email: [email protected]

DMCA Takedown Notice Requirements

If you believe that any content available on or through the Services infringes upon any copyright you own or control, you may submit a written notification (“Takedown Notice”) to our designated agent containing the following information required by 17 U.S.C. § 512(c)(3):

(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL or other specific location on the Services);

(d) Your contact information, including your name, address, telephone number, and an email address at which you can be contacted;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Please be advised that pursuant to 17 U.S.C. § 512(f), you may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If you are not sure whether material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

Counter-Notification Procedure

If you believe that material you posted on or through the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our designated agent containing the following information required by 17 U.S.C. § 512(g)(3):

(a) Your physical or electronic signature;

(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled;

(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside of the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original Takedown Notice or an agent of such person.

Upon receiving a valid counter-notification, we will promptly forward a copy to the person who filed the original Takedown Notice. If we do not receive notice within ten (10) business days that the original complaining party is seeking a court order to prevent further infringement of the material at issue, we may replace or restore access to the material that was removed.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If your account is terminated due to repeated copyright infringement, you may not re-register for the Services.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

In the event that KickBot discontinues the Services, we will make commercially reasonable efforts to provide users with at least thirty (30) days' advance notice of such discontinuation.

For tips and streamer payouts: all remaining eligible balances that have cleared applicable dispute windows will be paid out to streamers through their connected Stripe accounts within ninety (90) days of the discontinuation notice.

For prepaid premium subscriptions: users will receive a prorated refund for any unused portion of their subscription term, or service will continue through the end of the current paid period, whichever occurs first.

KickBot will provide users with reasonable opportunity to export or retrieve their data before the Services are fully discontinued.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delawarewithout regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle County, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KICKBOT INC AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT (INCLUDING WITH RESPECT TO ANY DISPUTES THAT FALL WITHIN THE EXCEPTIONS SET FORTH ABOVE), WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND KICKBOT INC WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE DISPUTE RESOLUTION SECTION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE three (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.


25. TIPPING POLICY

KickBot uses Stripe Connect to facilitate tip payments and streamer payouts. Streamers who wish to receive tips and payouts sign up as Stripe Express connected accounts. KickBot is a technology platform that facilitates payments between viewers and streamers through Stripe’s payment infrastructure. KickBot is not a bank, money transmitter, or financial institution. KickBot acts as a limited agent of the streamer solely for the purpose of receiving and remitting tip payments. All tip funds are held by Stripe in accordance with Stripe’s terms, and KickBot does not hold, pool, or directly control user funds at any time. All payment processing is handled by Stripe, and users are subject to Stripe’s terms of service in addition to these Legal Terms.

Sending Tips

By using KickBot’s tipping system to send a tip, you acknowledge and agree to the following terms:

  • Non-Refundable Tips: All tips processed through KickBot are final and non-refundable. Once a tip is submitted, it cannot be withdrawn, refunded, or reversed. Legitimate claims of unauthorized or fraudulent transactions will be handled in accordance with applicable payment network rules.
  • No Guarantees on Tip Outcomes: KickBot does not guarantee that TTS messages will be heard, displayed, or acknowledged by the streamer. Streamers have full discretion over how they engage with tips.
  • Dispute Policy: KickBot does not accept or facilitate disputes related to tips. Any attempt to initiate a chargeback or dispute with your payment provider may result in the suspension or termination of your KickBot account.
  • Payment Processing: Tips are processed through third-party payment providers such as Stripe, which may apply their own terms and conditions. KickBot is not responsible for payment processing delays, holds, or disputes.
  • Age Requirement for Sending Tips: Users who are at least 13 years of age may send tips through the Services, provided that users under the age of 18 must have the permission and direct supervision of their parent or guardian, and must be authorized to use whatever payment method they submit. By sending a tip as a minor, you represent that your parent or guardian has reviewed and agreed to these terms and has authorized the transaction. KickBot is not responsible for unauthorized use of a parent or guardian’s payment method by a minor.
  • Fraud Prevention: KickBot employs fraud prevention measures to ensure the security and integrity of all transactions. In the event of suspected fraudulent activity, KickBot reserves the right to reverse any transaction, withhold payouts, suspend accounts, or take any other necessary action.
  • No Endorsement of Streamers: KickBot does not control or endorse any streamer’s content, statements, or behavior. Streamers act independently, and their views do not represent KickBot.
  • Service Availability & Liability: KickBot provides its tipping service "as is" and "as available" without guarantees. KickBot is not responsible for technical failures, lost messages, or any issues affecting the audibility or visibility of tips.
  • Waiver of Claims & Indemnification: By using KickBot, you waive any claims against KickBot related to tipping, TTS, streamer actions, or service performance. You agree to indemnify and hold KickBot harmless from any disputes arising from your use of the service.

Receiving Tips and Payouts

Streamers who receive tips through the Services are eligible for payouts subject to the following terms:

  • Age Requirement for Receiving Tips: You must be at least 18 years of age to receive tips or to set up a tip-receiving account through the Services. Tips must be received in the name of, or on behalf of the business of, the individual or entity that holds the tip-receiving account. Minors under the age of 18 are strictly prohibited from receiving tips or establishing tip-receiving accounts, even if they have obtained parental or guardian consent to use the general Services. Any account found to be receiving tips in violation of this age requirement may be suspended or terminated, and any pending payouts may be withheld.
  • Payout Schedule: Payouts are processed monthly on the 15th of each month. Depending on the date (for example, if the 15th falls on a weekend or near a holiday), it may take a few additional business days for payouts to be initiated. Typically, payouts are received within a couple of business days after processing.
  • No Fees or Minimums: There are no payout fees or minimum payout thresholds. All eligible tip amounts will be included in your monthly payout.
  • Payment Processing: All payouts are processed through our third-party payment processor, Stripe. You may be required to provide banking or other financial information to Stripe in order to receive payouts. We are not responsible for delays or issues caused by Stripe or your financial institution.
  • Tax Reporting: Tax information forms (such as IRS Form 1099) are issued in January of each year to all users who meet the applicable reporting thresholds under their local tax regulations. Tax reporting is handled through Stripe. You are solely responsible for reporting and paying any taxes owed on tip income received through the Services.
  • Payout Holds and Dispute Periods: In certain cases, payouts may be held for up to the duration of the applicable card network dispute period, which is typically a maximum of 120 days from the date of the original transaction. Most holds are resolved well before this maximum period. If no dispute or fraud concern materializes during this period, held funds will be released. KickBot strives to resolve payout holds as quickly as possible; however, when awaiting additional information or for payment-related periods to pass (such as card network dispute windows), resolution timelines may not be entirely within our control.
  • Fraud and Transaction Reversals: In cases where we reasonably believe that tips were obtained through fraud or in violation of these Legal Terms, we may reverse potentially fraudulent transactions to maintain compliance with card network requirements and protect the integrity of the platform.
  • Account Termination: If your account is terminated for any reason, any pending payouts that have not yet been processed may be held pending review in accordance with the payout hold and dispute period terms described above.
  • Appeals and Support: Streamers may contact [email protected] to appeal any payout hold or to request additional information regarding the status of their payouts.
By using KickBot’s tipping feature, you agree to these terms and understand that all tips are final, non-refundable, and not tied to any guaranteed service, outcome, or streamer interaction.

26. ARTIFICIAL INTELLIGENCE FEATURES

The Services include artificial intelligence ("AI") powered features, including but not limited to AI chatbot characters, AI-generated text-to-speech ("TTS") voices, and AI-powered chat responses. By using these features, you acknowledge and agree to the following:

AI-Generated Output. Content generated by AI features, including chat responses and synthesized speech, is produced by automated systems and may be inaccurate, incomplete, inappropriate, or offensive. We do not guarantee the accuracy, reliability, or suitability of any AI-generated output. AI-generated content does not represent the views, opinions, or endorsements of KickBot Inc. You should not rely on AI-generated content for medical, legal, financial, or other professional advice.

AI Character Feature. The Services allow streamers to configure an AI character that responds to viewers in live chat when mentioned or triggered. Streamers may customize the AI character's behavior through custom prompts and settings. Streamers are solely responsible for configuring their AI character appropriately and for the interactions that occur in their channels as a result of their configuration. KickBot is not liable for any AI-generated responses produced by the AI character feature.

User-Created AI Voices. The Services allow users to create custom AI TTS voices by uploading audio samples or using voice creation tools. By creating an AI voice, you represent and warrant that: (a) you have all necessary rights, permissions, and consents to use the audio samples or voice data provided, including the consent of any person whose voice is being used; (b) the voice you create does not infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party; and (c) you will not create voices intended to impersonate any person without their explicit consent. KickBot relies on the representations made by users regarding their rights to submitted voice data and may remove any voice content that is reported or found to be in violation of these terms. If you believe a voice has been created using your likeness without authorization, please contact us at [email protected].

Streamer Responsibility for AI Content. Streamers who deploy AI features in their channels are responsible for monitoring and moderating AI-generated content in their streams. Any liability arising from the use of AI features is subject to the limitations set forth in Section 22 (Limitations of Liability) of these Legal Terms.

Good-Faith Moderation Safe Harbor. Streamers who make good-faith efforts to moderate AI-generated content — including configuring available content filters, enabling moderation tools, and promptly addressing reported issues — will not be held responsible by KickBot for isolated or unforeseeable AI outputs that occur despite such efforts. We recognize that AI systems may occasionally produce unexpected results, and we will work with streamers who demonstrate active moderation practices to resolve any issues collaboratively rather than punitively.

Voice and Likeness Takedown Requests. If you believe that your voice, likeness, or right of publicity has been used without authorization through KickBot's text-to-speech or voice cloning features, you may submit a takedown request to [email protected]. Your request should include: (a) identification of the voice or likeness at issue; (b) the location or context where it is being used on the Services; (c) your contact information; and (d) a statement that you have a good faith belief that the use is unauthorized. KickBot will review and respond to valid requests within a reasonable timeframe and may remove or disable access to the reported content.

27. AI AND TTS ACCEPTABLE USE POLICY

In addition to the Prohibited Activities outlined elsewhere in these Legal Terms, the following rules apply specifically to the use of AI and TTS features within the Services. You agree not to use AI or TTS features to:

  • Generate, distribute, or broadcast hate speech, slurs, or content promoting discrimination based on race, ethnicity, gender, religion, sexual orientation, disability, or any other protected characteristic.
  • Create or disseminate threats, harassment, or content intended to intimidate, bully, or harm any individual or group.
  • Impersonate any person, public figure, or entity without their explicit consent, including through the use of AI-generated voices or chat personas.
  • Generate content that is sexually explicit, promotes violence, or encourages illegal activity.
  • Use AI features to spam, flood, or disrupt chat environments or other users' experiences.
  • Attempt to circumvent any content filters, safety measures, or usage restrictions built into the AI features.

We reserve the right to review, restrict, suspend, or terminate access to AI and TTS features at our sole discretion, without prior notice, if we determine that a user has violated this acceptable use policy or is using these features in a manner that is harmful, abusive, or otherwise objectionable. We may also take action to remove or disable AI-generated content that violates these terms.

28. USER ROLES (STREAMERS AND VIEWERS)

The Services are used by different types of users, primarily streamers and viewers. The following terms apply based on your role:

Streamers are users who connect their streaming accounts to the Services and configure the various features and tools offered for use in their live streams. Streamers are responsible for: (a) the configuration and behavior of all features enabled on their channels; (b) ensuring that their use of the Services complies with the platform terms of service of their streaming platform (e.g., Kick.com); and (c) moderating content and outputs generated by the Services that appear in their streams.

Viewers are users who interact with the Services through a streamer's channel. Viewers are subject to these Legal Terms when interacting with the Services. We reserve the right to restrict or revoke a viewer's access to any or all features of the Services at our sole discretion and without prior notice, if we determine that the viewer has engaged in abusive, fraudulent, or otherwise prohibited behavior.

29. EUROPEAN USERS AND DATA PROTECTION

If you are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, the following additional terms apply to your use of the Services:

  • Legal Basis for Processing. We process your personal data on the basis of: (a) your consent, where applicable; (b) the performance of our contract with you (these Legal Terms); (c) compliance with legal obligations; and (d) our legitimate interests in operating and improving the Services, provided those interests are not overridden by your data protection rights.
  • Your Rights. Under the General Data Protection Regulation ("GDPR") and applicable local laws, you may have the right to: access, correct, or delete your personal data; restrict or object to certain processing activities; request data portability; and withdraw consent at any time where processing is based on consent. To exercise any of these rights, please contact us at [email protected].
  • International Data Transfers. Your data may be transferred to and processed in the United States, where our servers and operations are located. By using the Services, you acknowledge that your data may be transferred outside the EEA, and we will take appropriate safeguards to ensure your data is protected in accordance with applicable data protection laws.
  • Supervisory Authority. If you are located in the EEA, you have the right to lodge a complaint with your local data protection supervisory authority if you believe that our processing of your personal data violates applicable law.

30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

31. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

32. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

33. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

KickBot Inc
150 Sutter Street, P.O. Box 402
San Francisco, CA 94104
United States