Terms of Use

Effective Date: December 10, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY.
BY ACCESSING OR USING THE PAYKICKSTART WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Parties and Acceptance of Terms

These Terms of Use (“Terms”) are a legal agreement between you and PayKickstart, LLC (“PayKickstart,” “we,” “us,” or “our”) governing your access to and use of:

• the PayKickstart website(s), including paykickstart.com and related domains (the “Site”);
• the PayKickstart online platform, tools, integrations, and services (the “Platform”); and
• any associated features, content, software, documentation, or applications (collectively, the “Services”).

By accessing or using the Services, creating an account, or clicking “I agree,” you acknowledge that:

1. you have read and understand these Terms;
2. you agree to be legally bound by them; and
3. you agree to our Privacy Policy, which is incorporated by reference.

If you do not agree with these Terms, you must discontinue use of the Services.

If you represent a company or other legal entity, you warrant that you are authorized to bind that entity to these Terms.

2. Overview of the Services

PayKickstart provides a technology platform enabling:

• Vendors to sell products and services, manage subscriptions, configure billing, and run affiliate programs;
• Affiliates to promote vendor products and earn commissions; and
• Customers to purchase vendor products through checkout pages powered by PayKickstart.

Unless explicitly stated otherwise in a separate written agreement:

• PayKickstart is NOT the seller or merchant of record for vendor products or services.
• The contract for any purchase is between the vendor and the customer, not PayKickstart.
• PayKickstart does not control vendor product quality, service delivery, pricing, marketing, refunds, or customer service.
• Vendors are solely responsible for compliance with legal requirements for their products, billing, subscriptions, marketing, and customer interactions.

PayKickstart may add, modify, or remove features at any time.

3. Eligibility and Account Registration

3.1 Eligibility

You must:

• be at least 18 years old (or the age of majority in your jurisdiction), and
• comply with all applicable laws and these Terms.

By using the Services, you represent that:

• you meet the eligibility requirements;
• you have not been previously suspended or removed from PayKickstart; and
• your use complies with applicable laws and regulations.

3.2 Account Registration & Security

To access certain features, you must create a PayKickstart Account. You agree to:

• provide accurate, complete information;
• keep your information up to date;
• maintain the confidentiality of your login credentials; and
• accept responsibility for all activity conducted under your account.

You must notify PayKickstart immediately of any unauthorized access or security breach.

4. License and Permitted Use

PayKickstart grants you a limited, revocable, non-exclusive, non-transferable license to use the Services for your internal business purposes, subject to these Terms.

You may NOT:

• resell, sublicense, distribute, or commercially exploit the Services;
• reverse engineer, decompile, or otherwise attempt to access source code;
• use automated tools (scrapers, crawlers, bots) without written permission;
• use the Services to build competing products;
• interfere with or disrupt the operation of the Services;
• remove or alter proprietary notices.

All rights not expressly granted are reserved by PayKickstart.

5. Relationship Between PayKickstart, Vendors, Affiliates & Customers

5.1 PayKickstart Is Not a Party to Vendor Sales

Unless explicitly stated otherwise:

• PayKickstart is not the seller, not the merchant of record, and not a party to transactions between vendors and customers.
• Vendors set their own prices, policies, refund terms, and representations.
• PayKickstart does not guarantee or endorse any vendor products, services, claims, or customer outcomes.

5.2 Vendor Responsibilities

Vendors are solely responsible for:

• product or service descriptions, fulfillment, delivery, and support;
• legal compliance (consumer protection laws, subscription renewal regulations, privacy laws, FTC rules, etc.);
• handling customer disputes and refund requests;
• all taxes (including VAT, GST, sales tax, or digital services tax);
• ensuring their products and marketing meet applicable legal requirements.

5.3 Affiliate Responsibilities

Affiliates must:

• comply with all advertising and endorsement laws (including FTC disclosure requirements);
• accurately represent vendor products;
• display clear disclosures of affiliate relationships when required.
  

PayKickstart is NOT responsible for affiliate claims, representations, or actions.

5.4 Customer Responsibilities

Customers understand that:

• PayKickstart is not the seller (unless explicitly stated);
• vendors are solely responsible for product delivery, refunds, and support;
• refunds must be requested from the vendor unless otherwise stated on the order page.

6. Third-Party Payment Processors (Finix, Stripe, etc.)

6.1 Payment Processing

PayKickstart enables payments through third-party payment processors including, but not limited to:

• Finix, and its associated banking partners;
• Stripe, including Stripe Connect;
• other processors or gateways we support.

To accept payments, you may be required to:

• complete onboarding with the Payment Processor;
• provide accurate identity and business information;
• comply with each processor’s terms of service and policies.

6.2 Processor Terms Apply

By using PayKickstart’s payment features, you authorize us to:

• share your data with Payment Processors;
• manage payment routing and settlement;
• receive information regarding account status, disputes, or holds.

Payment Processors may impose:

• holds, reserves, delays, payout limits;
• underwriting requirements;
• account suspensions or terminations.

6.3 PayKickstart Disclaims Liability

PayKickstart is not responsible for:

• Payment Processor decisions, actions, errors, or delays;
• disputes regarding payments, settlement, or payout timing;
• processor fee changes or policy changes.

7. Fees, Billing, and Refunds (Including Launch Plans)

7.1 Fees and Billing

Your use of the Services may incur:

• subscription fees;
• usage-based fees;
• revenue-based fees (e.g., Launch Plan percentage-of-revenue fees);
• overage charges;
• add-on or feature fees.

Fees will be charged automatically to your payment method unless canceled within the required timeframe.

7.2 Subscription Renewals

Subscriptions automatically renew at the then-current price unless:

• canceled at least 3 days before renewal, or
• otherwise stated on the applicable order page.

No prorated refunds are provided for:

• unused time,
• downgrades, or
• partial billing periods.

7.3 General Refund Policy (IMPORTANT)

Except where expressly stated otherwise:

ALL PAYKICKSTART FEES ARE NON-REFUNDABLE.
This includes subscription fees, usage fees, overages, revenue-based fees, and all related charges.

Failure to use the Services does not entitle you to a refund.

7.4 One-Time / Lifetime Plans

Some one-time purchase plans (e.g., Diamond Edition) may include a specific refund window stated on the order page.

Refunds:

• must be requested within the stated period, and
• are not provided after the refund period expires.

7.5 Free Trials

If you fail to cancel before the trial ends:

• the subscription fee will be charged automatically;
• such charges are non-refundable.

7.6 Launch Plans (Revenue-Based Billing) — NON-REFUNDABLE

Launch Plans charge a revenue percentage in exchange for discounted pricing.

Unless required by law:

ALL REVENUE-BASED FEES, MINIMUM FEES, AND LAUNCH PLAN FEES ARE FINAL AND NON-REFUNDABLE.

Refunds or chargebacks issued to your customers do not entitle you to a refund or reduction of Launch Plan fees.

7.7 Vendor–Customer Refunds

Refunds requested by customers for vendor products:

• must be resolved directly between the vendor and customer;
• are not handled by PayKickstart unless PayKickstart is explicitly the seller of record.

8. Chargebacks, Disputes, Risk Management

8.1 Vendor Responsibility

Vendors are fully responsible for handling:

• chargebacks
• disputes
• retrievals
• processor or card network penalties

8.2 Set-Off and Reserve Rights

PayKickstart and Payment Processors may:

• deduct amounts owed from future payouts,
• hold reserves,
• delay payouts for risk-related reasons, or
• suspend payouts or payment access.
  

9. Wallets, Payouts, and Balances

Balances shown in a PayKickstart wallet or dashboard:

• do not represent a separate custodial or bank account;
• may be adjusted for chargebacks, disputes, or accounting corrections;
• may be delayed or held due to risk, compliance, or processor rules.

PayKickstart may set payout thresholds, schedules, and methods.

10. User Content & Licensing

Users may submit content including logos, product descriptions, videos, testimonials, reviews, and other materials.

You grant PayKickstart a worldwide, royalty-free, non-exclusive, sublicensable license to:

• host, reproduce, modify (for technical purposes), distribute, display, and use your content to operate and improve the Services.

You represent that:

• you own or have rights to your content;
• your content does not infringe laws or third-party rights.

PayKickstart may remove content at its sole discretion.

11. Acceptable Use Policy (AUP)

You may NOT use the Services for:

• illegal, harmful, or deceptive activities;
• selling prohibited or high-risk products;
• unlawful subscription billing practices;
• violating FTC, CAN-SPAM, TCPA, 10DLC, or privacy laws;
• misleading “free trial” or “subscription” disclosures;
• scraping, data harvesting, or automated misuse;
• fraudulent activity, chargeback manipulation, or money laundering;
• promoting or selling misleading business opportunities;
• harassing, defamatory, or hateful content.

Violations may result in suspension or termination.

12. DMCA Notice

Copyright infringement notices should be sent to:

DMCA Agent
PayKickstart, LLC
PO Box 555
Wake Forest, NC 27588
legal@paykickstart.com

A valid DMCA notice must comply with 17 U.S.C. § 512(c)(3).

13. Privacy

Your use of the Services is governed by our Privacy Policy, which describes:

• what data we collect,
• how it is used, and
• whom it may be shared.
  

By using the Services, you consent to our data practices.

14. Modifications

PayKickstart may modify:

• the Services,
• pricing,
• features, and
• these Terms

at any time.

The updated Terms will be posted with a revised Effective Date. Continued use constitutes acceptance.

15. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.
PAYKICKSTART DISCLAIMS ALL WARRANTIES, INCLUDING:

• merchantability,
• fitness for a particular purpose,
• non-infringement,
• uninterrupted or error-free service,
• accuracy or reliability of content or data,
• expected revenue, performance, or business results.

YOU USE THE SERVICES AT YOUR OWN RISK.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PAYKICKSTART WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  
• PAYKICKSTART’S TOTAL LIABILITY SHALL NOT EXCEED:
  (1) the fees you paid during the six (6) months preceding the claim; OR (2) $100 — whichever is greater.
  

Some jurisdictions do not allow exclusions; those laws control where applicable.

17. Indemnification

You agree to indemnify and hold harmless PayKickstart from any claims, damages, penalties, losses, or expenses arising from:

• your use of the Services;
• your content;
• your products or marketing;
• disputes with customers, affiliates, vendors, or regulators;
• your violation of these Terms or applicable laws.

18. Term and Termination

PayKickstart may suspend or terminate your access to the Services:

• for violations of these Terms,
• for high-risk activity or fraud,
• for Payment Processor issues,
• to comply with legal or regulatory requirements, or
• for any reason, with or without notice.

You may terminate your account at any time by discontinuing use and requesting account closure.

Sections that should survive termination do survive.

19. Governing Law; Arbitration; Class Action Waiver

19.1 Governing Law

These Terms are governed by the laws of the State of Indiana, excluding conflict-of-law principles.

19.2 Mandatory Arbitration

Disputes arising out of these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Hamilton County, Indiana, unless small claims court applies.

19.3 Class Action Waiver

YOU AND PAYKICKSTART AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

No class actions.
No representative claims.
No consolidated proceedings.

If a claim cannot be arbitrated individually, it must be brought in court.

19.4 Jury Trial Waiver

If any claim proceeds in court:

BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

20. Miscellaneous

• These Terms constitute the entire agreement between you and PayKickstart.
• Failure to enforce a right is not a waiver.
• If a provision is unenforceable, it will be modified to the minimum extent necessary.
• You may not assign these Terms without consent; PayKickstart may assign freely.

Notices may be sent to:

PayKickstart, LLC
PO Box 555
Wake Forest, NC 27588
legal@paykickstart.com

Material Modifications

[December, 10th 2025 — Comprehensive rewrite to reflect PayKickstart 2.0, updated refund policies (including Launch Plans), Payment Processor updates, added Acceptable Use Policy, and updated arbitration/class action waiver.