1. Introduction and acceptance
These Terms and Conditions (Terms) govern your access to and use of KickIt, including the KickIt mobile applications, tablet versions, related websites, account system, support channels, subscription services, trials, paid features, beta features, updates, and any other products or services we make available under the KickIt name or brand (together, the Service).
The Service is operated by Sparked Technologies Pty Ltd, an Australian proprietary company limited by shares (we, us, or our).
By creating an account, downloading the app, accessing the Service, enabling device permissions, starting a free trial, purchasing a subscription, using a paid feature, participating in testing, or clicking or tapping to accept these Terms, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not create an account, purchase a subscription, enable the Service, or use KickIt.
These Terms apply separately from our Privacy Policy. The Privacy Policy explains how personal information is handled. You should read it before using the Service.
If you use the Service on behalf of another person, household, organisation, business, or other entity, you represent that you have authority to accept these Terms for them and that they will comply with these Terms. If you do not have that authority, you must not use the Service for them.
If you access or purchase the Service through Apple App Store, Google Play, TestFlight, Google Play testing, or another app-store or distribution platform, the terms and policies of that platform may also apply. If there is a direct inconsistency between these Terms and mandatory platform terms about billing, cancellation, refunds, app usage rules, or distribution, the mandatory platform terms apply to that extent.
2. Who we are and how to contact us
Our details are:
- Legal name: Sparked Technologies Pty Ltd.
- ABN: 64 693 123 107.
- ACN: 693 123 107.
- Business address: Unit 55, 61 Waverley Street, Dianella, Perth WA 6059, Australia.
- Support email: support@joinkickit.com.
- Phone: +61 466 974 789.
- Website: https://joinkickit.com.
For support, complaints, account deletion requests, legal notices, or questions about these Terms, contact us at support@joinkickit.com.
3. Global availability and mandatory local rights
KickIt may be made available globally. However, we do not guarantee that the Service, every feature, every subscription, every price, every trial, every payment method, every support option, every language, or every item of functionality will be available in every country, region, device, operating system, app-store, or distribution channel.
Availability and functionality may vary because of local laws, app-store rules, technical limitations, payment-provider availability, operating-system restrictions, device permissions, third-party platform changes, language support, security requirements, sanctions, export controls, business decisions, and other factors.
These Terms are intended to apply globally. However, some countries, states, provinces, territories, or regions give consumers mandatory rights that cannot lawfully be excluded, restricted, or modified by contract. Nothing in these Terms is intended to exclude, restrict, or modify those mandatory rights.
If a term in these Terms is inconsistent with a mandatory law that applies to you, the mandatory law applies to the extent of the inconsistency, and the remaining parts of these Terms continue to apply as far as legally permitted.
4. Important consumer law notice
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, warranty, statutory guarantee, cancellation right, withdrawal right, refund right, or other protection that cannot lawfully be excluded, restricted, or modified under applicable consumer protection law.
If you are an Australian consumer, our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law. These may include guarantees that services will be provided with due care and skill, will be fit for any purpose made known, and will be supplied within a reasonable time where no time is set.
If you are located in the European Union, United Kingdom, New Zealand, Canada, the United States, or another jurisdiction with mandatory consumer protection laws, nothing in these Terms limits any rights that legally cannot be waived or limited.
Any limitations, disclaimers, exclusions, refund conditions, and liability caps in these Terms apply only to the maximum extent permitted by law.
We have attempted to write these Terms in a fair and plain-language way. If you think a term is unclear, incorrect, or unfair, contact us so we can review it.
5. What KickIt does
KickIt is a productivity, digital wellbeing, self-control, and self-management tool. Depending on your device, operating system, region, app-store, subscription plan, permissions, app version, and features we have released, the Service may allow you to:
- block selected apps on compatible iOS and Android devices;
- block selected websites, domains, wildcard domains, web pages, or online destinations where supported;
- block or restrict content based on keywords, phrases, categories, or rules where supported;
- create schedules that restrict access during selected days and times;
- set daily limits, usage limits, or similar self-management limits where supported;
- use delay-unblock, cool-off, friction, or waiting-period features, including delay unblock up to 72 hours where available;
- manage blocks from a central blocking dashboard or block-management area;
- view progress information, statistics, milestones, blocks, time saved, streaks, usage comparisons, or related analytics;
- use the number of devices included in your plan, including up to 3 cross-platform devices on compatible iOS and Android devices at launch unless your plan states otherwise;
- use an accountability buddy feature, if available, to involve a person you choose in supporting your self-management goals;
- receive service, security, verification, subscription, reminder, milestone, progress, support, and legal communications;
- use other features we add, test, rename, limit, change, suspend, or remove from time to time.
Some features may be available on Android but not iOS, or on iOS but not Android. Some features may work differently on phones, tablets, managed devices, school devices, work devices, rooted or jailbroken devices, devices using custom ROMs, devices using work profiles, or devices using conflicting security, blocking, VPN, DNS, parental-control, or devicemanagement tools.
Feature-level blocking inside third-party apps, such as blocking reels, stories, shorts, short-form video feeds, explore pages, search pages, or similar app features, may be available on Android for supported apps and supported device configurations. We do not promise identical feature-level blocking on iOS or across every third-party app.
6. What KickIt does not do
KickIt is not a medical device, health service, therapy service, counselling service, addiction treatment, mental health treatment, crisis service, emergency service, parental-control guarantee, workplace compliance system, school compliance system, law-enforcement tool, or substitute for professional advice.
KickIt does not diagnose, treat, cure, prevent, or manage any disease, medical condition, mental health condition, behavioural addiction, compulsive behaviour, anxiety, depression, attention disorder, substance-use issue, gambling issue, pornography-use issue, self-harm risk, or other health or safety issue.
If you need medical, mental health, counselling, emergency, crisis, addiction, legal, financial, employment, school, or other professional support, you should contact an appropriate qualified professional or emergency service. KickIt is not designed for crisis response or emergency intervention.
You must not rely on KickIt where blocked access, delayed access, failed access, or incorrect configuration could affect emergency services, safety, legal obligations, work duties, school requirements, medical care, financial obligations, travel, court communications, police communications, government communications, or other critical matters.
KickIt does not guarantee behaviour change, productivity improvement, reduced screen time, reduced app use, reduced website use, reduced pornography use, reduced gambling use, reduced social-media use, improved mental health, improved wellbeing, improved relationships, improved work performance, improved study performance, or any particular outcome.
7. Eligibility, age, and authority
You must be at least 16 years old to use KickIt.
If you are under 18 years old, you must have permission from a parent or legal guardian to use the Service, create an account, start a trial, purchase a subscription, enable device permissions, or share any information through the Service.
By using the Service, you represent that you meet these age and permission requirements.
Parents and legal guardians are responsible for deciding whether KickIt is appropriate for a minor in their care and for supervising that minor's use of the Service.
We may refuse, suspend, or terminate access if we reasonably believe a user does not meet these requirements, provided we act consistently with applicable law and app-store rules.
8. Accounts, login, security, and verification
You must create a KickIt account to use the Service. At launch, account creation and login may use email and password, email verification codes, magic codes, or similar email-based verification. We may add, remove, or change login methods later, including third-party sign-in providers, if we choose to make them available.
You must provide accurate, current, and complete account information and keep that information up to date.
You are responsible for maintaining the confidentiality and security of your login credentials, email account, passwords, verification codes, devices, and any recovery methods connected to your account.
You must not share your account, verification codes, password, or subscription access with another person except as expressly allowed by your plan, app-store rules, or written permission from us.
You are responsible for all activity that occurs through your account, unless the activity is caused by our breach of these Terms or by something we are legally responsible for.
You must notify us promptly at support@joinkickit.com if you suspect unauthorised access, compromise of your account, misuse of your subscription, or any security issue.
9. Account deletion and data retention
You may delete your account inside the app where that feature is available, or request account deletion by contacting support@joinkickit.com.
You must provide accurate, current, and complete account information and keep that information up to date.
After a valid deletion request, we will delete or de-identify account data within a reasonable time, except where we need to retain certain information for legal, tax, billing, app-store, accounting, audit, fraud-prevention, security, disputere solution, backup, compliance, legitimate business, or other lawful reasons.
Some deleted or de-identified information may remain in backups, logs, app-store records, payment-provider records, analytics systems, crash reports, or security systems for a limited period, subject to our Privacy Policy and applicable law.
Deleting the KickIt app from your device does not delete your account.
Deleting your KickIt account does not automatically cancel an active subscription, free trial, or renewal purchased through Apple App Store, Google Play, or another payment provider. You must cancel your subscription through the platform or payment provider through which you purchased it.
If you delete your account while you still have an active subscription, you may lose access to account-based features. We are not responsible for charges that continue because you failed to cancel through the relevant app-store or payment-provider subscription settings, except where the law says otherwise.
- Legal name: Sparked Technologies Pty Ltd.
10. Device permissions, settings, and technical requirements
KickIt may require device permissions, operating-system settings, profiles, certificates, accessibility permissions, usage access permissions, notification permissions, Screen Time permissions, Family Controls permissions, devicead ministrator permissions, overlay permissions, background activity permissions, VPN, DNS, content-filtering, device management, or similar permissions depending on the device, operating system, app version, region, and features used.
You are responsible for granting, maintaining, and not disabling the permissions and settings required for the Service to operate correctly.
KickIt may not work correctly, or may stop working entirely, if you:
- deny, disable, revoke, or restrict required permissions;
- change device settings that KickIt relies on;
- disable background activity, notifications, accessibility, usage access, device administrator, Screen Time, Family Controls, VPN, DNS, content-filtering, profiles, or certificates;
- update, downgrade, root, jailbreak, modify, factory reset, or otherwise alter your operating system or device;
- use conflicting apps, browsers, VPNs, DNS services, parental controls, security tools, app lockers, launchers, sideloaded apps, device managers, work profiles, school profiles, or enterprise-management systems;
- delete, disable, force close, restrict battery usage for, or block network access for KickIt;
- use unsupported devices, unsupported operating-system versions, private browsing modes, in-app browsers, alternative browsers, modified browsers, custom ROMs, or other technical workarounds; or
- fail to install updates or follow reasonable setup instructions.
Except where liability cannot legally be excluded, we are not responsible for loss, missed communications, blocked access, failed blocking, reduced functionality, or other issues caused by your device configuration, settings, permissions, third-party tools, operating-system restrictions, or failure to follow setup instructions.
11. Blocking rules, schedules, limits, and delay unblock
You are responsible for the blocking rules, schedules, limits, delay-unblock settings, device settings, keywords, websites, apps, categories, accountability settings, and other configuration choices you create or enable.
You should not block, restrict, delay, or limit access to apps, websites, services, phone functions, email accounts, messaging services, work tools, school tools, banking tools, government services, maps, travel tools, health tools, emergency tools, safety tools, legal tools, or other important services if blocked or delayed access could cause harm, loss, breach of duty, missed obligations, or serious inconvenience.
Delay-unblock and similar features are intended to create friction. If you enable them, you accept that you may not be able to immediately remove a block, and you may be required to wait for a countdown or complete a process before access is restored.
Except where liability cannot legally be excluded, we are not responsible for missed messages, missed calls, missed alerts, missed opportunities, lost access, reduced device functionality, inability to access blocked content, inability to unblock quickly, business interruption, work issues, school issues, travel issues, relationship issues, financial issues, or other consequences caused by your blocking choices, settings, delay-unblock choices, or failure to configure the Service appropriately.
12. Accountability buddy feature
KickIt may include an accountability buddy feature. This feature is designed to help you involve a person you choose in supporting your self-management goals
You are responsible for choosing your accountability buddy and for ensuring that any person you nominate is appropriate, trustworthy, and willing to receive any information or notifications you choose to share through the feature.
We do not verify, supervise, employ, control, endorse, train, or monitor accountability buddies. We are not responsible for anything an accountability buddy says, does, fails to do, shares, misunderstands, ignores, or misuses.
The accountability buddy feature is not a crisis-support service, medical service, mental health service, addiction treatment service, emergency service, safeguarding service, parental-control guarantee, or behaviour-change guarantee
You must not rely on the accountability buddy feature to prevent self-harm, harm to others, relapse, compulsive behaviour, device use, app use, website access, missed obligations, emergencies, or any safety-critical outcome.
You must not use the accountability buddy feature to harass, threaten, shame, monitor, stalk, coerce, deceive, abuse, or unlawfully track another person.
13. Subscriptions, free trials, billing, renewals, cancellation, and refunds
KickIt may offer free features, paid subscriptions, free trials, paid trials, promotional trials, discounts, introductory offers, subscription tiers, one-time purchases, lifetime access, bundles, or other paid access options. We do not guarantee that any particular plan, trial, promotion, discount, one-time purchase, or lifetime access option will be available at any time.
At launch, the expected subscription options are monthly access for A$7.99 and yearly access for A$69.99, with a 7-day free trial requiring a valid payment method. Prices may vary by country, currency, taxes, app-store settings, exchange rates, promotions, subscription tier, and platform.
Subscriptions are expected to be purchased through Apple App Store or Google Play at launch. We do not expect to process website payments through joinkickit.com at launch, but we may add website payments or other payment methods later.
When you start a free trial, your payment method may be charged automatically at the end of the trial unless you cancel before the trial ends in the way required by the relevant app-store or payment provider.
Subscriptions renew automatically unless cancelled before the renewal date in the way required by the relevant app-store or payment provider. You are responsible for managing and cancelling your subscription through the platform or payment provider through which you subscribed.
If you purchased through Apple App Store, cancellation and refunds may be handled by Apple under Apple's terms, policies, and procedures. If you purchased through Google Play, cancellation and refunds may be handled by Google under Google's terms, policies, and procedures. If we later offer website or other direct payments, separate cancellation and refund procedures may apply.
Deleting the app, disabling permissions, not using the Service, uninstalling KickIt, losing access to a device, deleting your KickIt account, or being unhappy with your own blocking settings does not automatically cancel your subscription and does not automatically entitle you to a refund, except where required by law or by the applicable app-store or payment provider rules.
Refunds, credits, partial refunds, chargebacks, cancellation rights, cooling-off rights, withdrawal rights, and similar rights are subject to the terms of the relevant app-store or payment provider and any mandatory consumer laws that apply to you.
We may refuse, limit, or revoke promotional trials, discounts, referral credits, coupons, or other offers if we reasonably believe they are abused, fraudulent, mistaken, expired, region-limited, duplicated, transferred, resold, or used contrary to their rules, subject to applicable law.
14. RevenueCat and payment/subscription management providers
We may use third-party subscription management providers, including RevenueCat or similar providers, to help manage subscription status, receipt validation, purchases, renewals, cancellations, refunds, entitlements, access rights, trials, app-store receipts, customer status, cross-platform access, and subscription analytics.
Using RevenueCat or a similar provider does not necessarily mean that users pay that provider directly. Where you purchase through Apple App Store or Google Play, your payment relationship may be with the relevant app-store provider, and billing, cancellation, and refund processes may be handled through that provider.
Subscription access may depend on accurate receipt validation, app-store systems, RevenueCat or similar provider systems, network connectivity, account status, device status, and our own entitlement systems. Temporary delays, errors, or mismatches may occur. We will use reasonable efforts to correct subscription-entitlement issues brought to our attention.
15. Pricing, plans, promotions, and future purchase options
We may change prices, taxes, billing periods, subscription names, plan names, included entitlements, device limits, feature availability, trial offers, promotional offers, discounts, coupon codes, referral offers, affiliate offers, ambassador offers, influencer offers, and purchase options from time to time.
Changes to existing subscriptions will apply only as permitted by the relevant app-store, payment provider, and applicable law. In some cases, you may need to consent to a price change through the app-store or payment provider before it applies.
A promotion, discount, trial, referral offer, affiliate offer, ambassador offer, influencer offer, or coupon may be subject to separate rules, expiry dates, platform restrictions, region restrictions, eligibility requirements, and availability limits
If we later offer a one-time purchase, lifetime access, or similar access option, lifetime means the lifetime of the relevant product or feature as we make it available, not your lifetime, the lifetime of a device, or an indefinite guarantee that all features, platforms, app-store availability, third-party integrations, or operating-system support will continue forever. Any such option will be subject to the specific terms presented at the time of purchase and applicable law.
16. Beta, testing, early-access, and pre-release versions
We may offer beta, testing, early-access, pre-release, TestFlight, Google Play testing, trial, experimental, or preview versions of the Service.
These versions may be incomplete, unstable, changed, withdrawn, limited, unavailable, unsupported, contain bugs, lose data, produce inaccurate analytics, fail to block correctly, block incorrectly, or not work as expected.
You use testing versions at your own risk, subject to any non-excludable rights. We may require you to stop using a testing version, delete it, update it, provide feedback, or move to a public version.
17. Licence to use KickIt
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to download, install, access, and use the Service for your own personal, non-commercial use on compatible devices that you own or control, and only as permitted by these Terms, the applicable app-store rules, and applicable law.
You do not acquire ownership of the Service, software, source code, object code, designs, databases, algorithms, documentation, branding, name, logo, content, features, or any related intellectual property.
We may revoke or suspend this licence if you breach these Terms, misuse the Service, stop paying for required paid access, lose entitlement to use the Service, or if we are required or permitted to do so by law, app-store rules, or security requirements.
18. Personal and non-commercial use only
KickIt is for personal, non-commercial use only unless we expressly agree otherwise in writing.
You must not resell, rent, lease, lend, sublicense, distribute, host, provide, operate, commercialise, manage, or exploit KickIt for or on behalf of another person, business, school, employer, coach, therapist, clinic, organisation, community, client, customer, or third party without our prior written permission.
You must not use KickIt as part of a paid coaching program, workplace-monitoring setup, school-compliance system, therapy service, addiction-treatment service, parental-control business, managed-device service, consulting service, or other commercial offering unless we have agreed to that use in writing.
19. Acceptable use
You must use the Service lawfully, responsibly, and in accordance with these Terms.
You must not:
- use the Service for unlawful, harmful, abusive, deceptive, fraudulent, infringing, exploitative, or malicious purposes;
- harass, threaten, shame, coerce, stalk, monitor, impersonate, or abuse another person using the Service;
- use the Service to violate another person's privacy, legal rights, device rights, app-store rights, or account rights;
- use false, misleading, stolen, unauthorised, or fraudulent payment details, receipts, accounts, promotions, codes, or identity information;
- share, sell, transfer, or misuse subscriptions, accounts, entitlements, verification codes, or access credentials;
- interfere with, overload, disrupt, damage, attack, scrape, crawl, copy, probe, scan, reverse engineer, or attempt to gain unauthorised access to the Service or our systems;
- use the Service to develop, train, improve, or benchmark a competing product, service, model, or dataset without our permission;
- breach Apple, Google, RevenueCat, payment-provider, or third-party platform rules that apply to your use of the Service;
- misuse support channels, make knowingly false claims, submit abusive messages, or threaten our staff, contractors, service providers, or users; or
- encourage, assist, or enable another person to do any of the above.
Except where liability cannot legally be excluded, we are not responsible for loss, missed communications, blocked access, failed blocking, reduced functionality, or other issues caused by your device configuration, settings, permissions, third-party tools, operating-system restrictions, or failure to follow setup instructions.
20. Prohibited bypassing, tampering, and circumvention
KickIt is designed to help users create friction and reduce distractions. You must not deliberately misuse the Service by trying to defeat, tamper with, disable, interfere with, exploit, or bypass KickIt's blocking systems, security systems, subscription checks, entitlement checks, app-store receipt checks, device permissions, account controls, delay-unblock systems, or technical restrictions.
This prohibition includes attempting to bypass blocks by manipulating device settings, permissions, clocks, profiles, certificates, VPNs, DNS, app data, app stores, operating systems, accessibility services, usage-access settings, browsers, in-app browsers, sideloaded apps, root/jailbreak tools, emulators, automation tools, network tools, or other workarounds.
We do not guarantee that bypassing is impossible. However, if you intentionally bypass the Service, you are responsible for the consequences of doing so, and we are not responsible for any loss or harm arising from your bypassing, except where liability cannot legally be excluded.
21. Third-party apps, websites, platforms, and content
KickIt may interact with, block, restrict, refer to, or operate around third-party apps, websites, browsers, platforms, operating systems, app stores, device settings, content, advertisements, messages, accounts, services, or policies.
We do not own, control, endorse, monitor, guarantee, or take responsibility for third-party apps, websites, platforms, content, advertisements, messages, accounts, services, policies, or changes made by third parties.
Third-party apps, websites, browsers, operating systems, app stores, platforms, and services may change at any time. Those changes may affect KickIt's ability to block, detect, restrict, monitor, or interact with them.
You are responsible for complying with the terms, policies, permissions, and laws that apply to your use of third-party apps, websites, platforms, devices, and services.
21A. Third-party service providers
We may use third-party service providers to operate, protect, improve, and support the Service. These providers may include providers for hosting, cloud infrastructure, analytics, crash reporting, email delivery, authentication, subscription management, receipt validation, payment processing, app-store services, customer support, security, fraud prevention, monitoring, logging, backups, testing, and related operational purposes.
Our use of third-party providers is subject to our Privacy Policy, applicable law, app-store requirements, and our contracts with those providers where applicable.
We are not responsible for outages, errors, restrictions, delays, failures, policy changes, billing issues, or data-handling actions of third-party providers except to the extent we are legally responsible. If a third-party provider becomes unavailable or changes its services, we may need to change, suspend, replace, or remove related KickIt functionality.
22. App store specific terms - Apple App Store
This section applies where you download, access, or purchase KickIt through Apple App Store or use KickIt on Applebranded products.
These Terms are between you and Sparked Technologies Pty Ltd, not Apple. Apple is not responsible for KickIt or its content.
Your licence to use KickIt on Apple-branded products is limited to a non-transferable licence to use KickIt on Applebranded products that you own or control, and as permitted by the Apple Media Services Terms and Conditions, including applicable Usage Rules, Family Sharing, and volume-purchase rules where applicable.
We, not Apple, are responsible for providing any maintenance and support for KickIt, to the extent required by these Terms and applicable law. Apple has no obligation to provide maintenance or support services for KickIt.
If KickIt fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for KickIt if applicable under Apple's rules. To the maximum extent permitted by law, Apple has no other warranty obligation for KickIt.
We, not Apple, are responsible for addressing claims by you or any third party relating to KickIt or your possession or use of KickIt, including product-liability claims, failure-to-conform claims, consumer-protection claims, privacy claims, or intellectual-property claims, except to the extent Apple is legally responsible under mandatory law.
You represent and warrant that you are not located in a country or region subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties, to the extent this representation is required by Apple's minimum terms and applicable law.
You must comply with any applicable third-party terms when using KickIt.
Apple and Apple's subsidiaries are third-party beneficiaries of this Apple section. Upon your acceptance of these Terms, Apple will have the right to enforce this section against you as a third-party beneficiary.
23. App store specific terms - Google Play
This section applies where you download, access, or purchase KickIt through Google Play or use KickIt on Android devices.
Google Play, Google Payments, Google accounts, Android, Google Play Billing, Google Play subscriptions, Google Play refunds, Google Play cancellation settings, Google Play testing, and related Google services may be governed by separate Google terms and policies.
Where you purchase through Google Play, billing, renewal, cancellation, refund requests, payment methods, taxes, and subscription management may be handled through Google Play or Google's systems, subject to Google's terms and applicable law.
You are responsible for cancelling Google Play subscriptions through the Google account and Google Play subscription settings used to make the purchase, unless Google or applicable law provides another cancellation method.
We may use Google Play Billing and third-party subscription-management providers to validate receipts and determine whether your KickIt account has an active entitlement.
24. Updates, changes, suspension, and availability of the Service
We may add, remove, modify, rename, suspend, discontinue, limit, replace, test, or improve features, plans, pricing, device limits, supported platforms, supported countries, supported languages, support options, integrations, and technical requirements from time to time.
We may provide updates automatically or require you to install updates to continue using the Service. If you do not install updates, the Service may not work correctly or may become unavailable.
We do not guarantee that the Service will be available at all times, uninterrupted, secure, error-free, or compatible with every device, operating-system version, browser, app, third-party service, network, or region.
We may suspend, limit, or restrict the Service for maintenance, security, app-store compliance, legal compliance, upgrades, emergency issues, misuse, fraud prevention, payment issues, technical issues, or business reasons.
We will try to act reasonably when making material changes, but we do not promise that any particular feature, platform, app, website block, plan, price, or integration will continue permanently.
25. Support
You can contact support at support@joinkickit.com.
Support is provided on a reasonable-efforts basis only. We do not guarantee that support will be available at all times, in all languages, in every region, or within a specific timeframe.
We may provide support through email, in-app tools, help centres, FAQs, websites, app-store responses, automated systems, or other methods we choose.
Support may be limited for free users, trial users, beta users, unsupported devices, unsupported operating systems, modified devices, rooted or jailbroken devices, users who have not installed updates, or users who breach these Terms.
26. Privacy, data, and aggregated information
Our Privacy Policy explains how we collect, use, disclose, store, and protect personal information. It is available at support@joinkickit.com.
By using the Service, you acknowledge that we will handle personal information in accordance with our Privacy Policy, applicable law, and app-store requirements.
We may use aggregated, anonymised, or de-identified data to improve KickIt, fix bugs, understand feature performance, improve blocking reliability, develop new features, measure app performance, produce internal analytics, support security, and operate our business, provided the information does not directly identify an individual user.
Where the Service uses device data, blocking data, progress data, app-usage signals, website rules, keyword rules, analytics, crash reports, or subscription-entitlement information, that handling is governed by our Privacy Policy and applicable law.
You must not use KickIt to collect, disclose, monitor, track, or share another person's personal information without a lawful basis and any required consent.
27. Service notices, legal notices, and marketing communications
We may send you service emails, app notifications, in-app notices, account notices, security notices, subscription notices, payment notices, trial-ending notices, account-deletion notices, policy-update notices, support replies, important app-change notices, and legal notices.
These service and legal communications are not optional marketing communications. If you disable notifications or block emails from us, you may miss important account, security, subscription, or legal information.
We may send marketing communications where permitted by law. You can unsubscribe from marketing communications where required by law. Unsubscribing from marketing communications does not stop service, security, subscription, support, or legal notices.
28. User content and external sharing
At launch, KickIt is not expected to include public user-generated content, public posting, public profiles, public comments, or in-app user-to-user messaging.
The Service may allow you to enter settings, keywords, block lists, schedules, notes, goals, accountability-buddy information, preferences, or similar account information. You are responsible for the information you enter and for ensuring it is lawful, accurate, and does not infringe anyone's rights.
If you share screenshots, progress, achievements, referral links, messages, posts, or other information outside KickIt, including through Instagram, TikTok, Facebook, YouTube, Snapchat, WhatsApp, SMS, email, Discord, Reddit, or other third-party platforms, you are responsible for that sharing and for complying with the rules of those platforms.
We are not responsible for communications, content, posts, screenshots, claims, messages, or material you or other users share outside KickIt.
29. Intellectual property and feedback
We own or license all rights in KickIt and the Service, including the app, name, logo, branding, trademarks, software, code, object code, source code, design, user interface, databases, features, algorithms, content, documents, text, graphics, icons, workflows, analytics, and related materials.
Except for the limited licence expressly granted in these Terms, no rights are transferred to you.
You must not copy, reproduce, modify, adapt, translate, decompile, disassemble, reverse engineer, scrape, crawl, mirror, frame, sell, rent, sublicense, publish, distribute, host, exploit, create derivative works from, or create competing products from KickIt or any part of the Service, except to the extent that applicable law expressly allows despite this restriction.
KickIt, the KickIt name, and related branding may be protected by trademarks and other intellectual property rights. You must not use our name, logo, branding, or confusingly similar marks without our written permission, except where fair use or another legal exception applies.
If you provide ideas, suggestions, feedback, bug reports, feature requests, or other comments about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, copy, modify, commercialise, and incorporate that feedback without payment or obligation to you, subject to applicable law and our Privacy Policy.
30. Security and unauthorised access
You must not attempt to access accounts, systems, data, servers, APIs, infrastructure, entitlement systems, app-store receipts, subscription systems, or administrative tools that you are not authorised to access.
You must not introduce malware, spyware, viruses, worms, logic bombs, denial-of-service attacks, credential-stuffing attacks, scraping tools, automation tools, or other harmful code or traffic into the Service or our systems.
We may monitor, investigate, restrict, suspend, terminate, or report activity where we reasonably suspect security misuse, fraud, abuse, illegal conduct, rights infringement, payment abuse, or breach of these Terms.
We do not guarantee that the Service will be immune from security incidents, bugs, outages, or third-party attacks. If a security incident affects personal information, we will respond in accordance with applicable law and our Privacy Policy.
31. Suspension and termination
We may suspend, restrict, disable, or terminate your account, access, licence, or subscription entitlement if we reasonably believe:
- you have breached these Terms;
- you have misused the Service;
- you have attempted to bypass, tamper with, exploit, or interfere with the Service;
- you have used false, unauthorised, fraudulent, or disputed payment information;
- your subscription is cancelled, expired, refunded, charged back, unpaid, revoked, or invalid;
- your account or device presents a security, fraud, legal, app-store, payment, or operational risk;
- you have harassed, threatened, abused, or misled support, users, contractors, service providers, or our personnel;
- we are required or permitted to do so by law, court order, app-store rule, payment-provider rule, or government request; or
- continuing to provide access would expose us, users, service providers, or third parties to risk.
If we terminate or suspend your account for serious misuse, you may lose access to your account, data, settings, subscription entitlements, and features, subject to app-store rules and mandatory law.
If you believe your account was suspended or terminated in error, contact us at support@joinkickit.com.
Sections of these Terms that by their nature should continue after termination will continue, including sections about intellectual property, acceptable use, prohibited conduct, disclaimers, limitation of liability, indemnity, disputes, governing law, privacy, and general legal terms.
32. Warranties, disclaimers, and consumer guarantees
To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis.
We do not guarantee that the Service will block every app, website, keyword, feature, browser, in-app browser, private browsing session, incognito session, notification, message, workaround, device setting, app update, operating-system update, VPN, proxy, DNS change, sideloaded app, third-party service, or piece of content.
We do not guarantee that the Service will be uninterrupted, secure, error-free, bug-free, accurate, compatible, or available at all times or in all regions.
We do not guarantee that analytics, progress metrics, time-saved estimates, usage comparisons, streaks, milestones, block counts, or similar information will be perfectly accurate or complete.
We do not guarantee that KickIt will prevent distractions, screen time, relapse, app use, website access, content access, unwanted behaviour, or any specific outcome.
Nothing in these Terms excludes, restricts, or modifies consumer guarantees, statutory warranties, or other rights that cannot lawfully be excluded, restricted, or modified.
If we are liable for breach of a guarantee, warranty, or condition that cannot be excluded but can be limited, our liability is limited, to the extent permitted by law, to resupplying the Service, supplying an equivalent service, or paying the cost of having the Service supplied again.
33. Limitation of liability
This section applies to the maximum extent permitted by law and does not limit any liability that cannot legally be limited or excluded.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, punitive, or economic loss or damage, including lost profits, lost revenue, lost savings, lost data, lost opportunity, loss of goodwill, business interruption, device issues, software issues, security issues, missed communications, missed alerts, missed opportunities, blocked access, failed access, failed blocking, unwanted unblocking, delayed unblocking, or consequences of your blocking rules or settings.
To the maximum extent permitted by law, we are not liable for loss or damage caused by:
- your use, misuse, configuration, or inability to use the Service;
- your blocking rules, schedules, limits, delay-unblock choices, keywords, websites, app choices, or device settings;
- third-party apps, websites, platforms, browsers, content, operating systems, app stores, payment providers, subscription providers, service providers, or changes made by them;
- device permissions, disabled permissions, operating-system limitations, incompatible devices, modified devices, rooted or jailbroken devices, or conflicting apps;
- your failure to cancel a subscription through the relevant app-store or payment provider;
- unauthorised account access caused by your failure to protect credentials, verification codes, email accounts, devices, or passwords;
- outages, maintenance, beta features, pre-release features, bugs, errors, analytics inaccuracies, or security incidents, except to the extent we are legally responsible; or
- events outside our reasonable control.
To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Service or these Terms is capped at the greater of A$100 or the amount you paid for KickIt in the 12 months before the event giving rise to the claim.
The liability cap does not apply to liability that cannot legally be capped, including where applicable law prohibits the cap.
34. Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless Sparked Technologies Pty Ltd and its officers, employees, contractors, directors, agents, affiliates, licensors, and service providers from and against claims, losses, liabilities, damages, fines, penalties, costs, expenses, and reasonable legal fees arising from or relating to:
- your unlawful use of the Service;
- your breach of these Terms;
- your bypassing, tampering with, exploiting, reverse engineering, or interfering with the Service;
- your infringement or alleged infringement of intellectual property, privacy, consumer, contract, app-store, or other rights;
- your misuse of subscriptions, trials, promotions, accounts, verification codes, receipts, refunds, or payment systems;
- your false, misleading, abusive, threatening, or improper claims or support communications;
- your use of KickIt for another person, organisation, business, school, employer, client, or third party without authority; or
- third-party claims caused by your conduct or content.
This indemnity does not require you to indemnify us for our own fraud, wilful misconduct, negligence, or breach of law to the extent we are legally responsible.
35. Complaints and dispute resolution
If you have a complaint or dispute about the Service, billing, account access, these Terms, or our conduct, please contact us first at support@joinkickit.com with reasonable details of the issue.
Both you and we agree to try to resolve disputes in good faith before starting legal proceedings, unless urgent legal action is needed, a limitation period is about to expire, a court order or injunction is required, or the law says otherwise.
This section does not prevent you from contacting a consumer protection regulator, app-store provider, payment provider, privacy regulator, court, tribunal, or other authority where you have the right to do so.
36. Governing law and jurisdiction
These Terms are governed by the laws of Western Australia and the laws of Australia that apply in Western Australia.
Subject to any mandatory rights you have under local law, you and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that can hear appeals from those courts.
Nothing in this section excludes, restricts, or modifies any mandatory consumer right, jurisdiction right, venue right, forum right, or dispute-resolution right that cannot legally be excluded, restricted, or modified in the place where you live.
37. Sanctions, export controls, and trade restrictions
You must not use, access, download, purchase, or receive the Service if doing so would breach applicable sanctions, export-control laws, trade restrictions, embargoes, anti-terrorism laws, or similar laws.
You must not use the Service if you are located in, ordinarily resident in, acting on behalf of, or owned or controlled by a country, region, person, organisation, or entity that is subject to applicable sanctions, embargoes, trade restrictions, or export controls that prohibit the relevant use.
You represent that you are not prohibited from using the Service under applicable sanctions, export-control, or tradere striction laws.
38. Changes to these Terms
We may update these Terms from time to time for legal, technical, app-store, feature, pricing, business, security, operational, compliance, or other reasons.
If we make material changes, we will provide reasonable notice where required or appropriate, such as by email, in-app notice, website notice, app-store update notes, or another reasonable method.
The updated Terms will apply from the effective date stated in the updated Terms or notice. If you continue to use the Service after the effective date, you accept the updated Terms, subject to mandatory rights that cannot legally be excluded.
If you do not agree to updated Terms, you must stop using the Service and cancel any active subscription through the relevant app-store or payment provider. Stopping use or deleting your account does not automatically cancel a subscription.
39. General legal terms
Assignment. You must not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations to an affiliate, successor, purchaser, acquirer, or other entity involved in a merger, acquisition, restructuring, sale of assets, financing, or business transfer, provided this does not unlawfully reduce your mandatory rights.
Severability. If any part of these Terms is found to be invalid, illegal, void, or unenforceable, that part will be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it will be severed, and the remaining parts will continue to apply.
No waiver. If we do not enforce a term immediately, this does not mean we waive our right to enforce it later.
Entire agreement. These Terms, together with any terms presented in the app, app-store terms that apply to your purchase, and our Privacy Policy where relevant, form the agreement between you and us about the Service.
No third-party rights. Except for Apple and Apple's subsidiaries as described in the Apple App Store section, and except where required by law, no third party has the right to enforce these Terms.
Interpretation. Words such as including, for example, and similar expressions are examples only and do not limit the general wording. Singular includes plural and plural includes singular where the context allows.
Language. These Terms may be translated for convenience. Unless applicable law requires otherwise, the English version controls if there is an inconsistency between versions.
Force majeure. We are not responsible for delay or failure caused by events beyond our reasonable control, including app-store outages, payment-provider outages, hosting outages, network failures, cyberattacks, law changes, government actions, natural disasters, industrial action, war, terrorism, pandemic, power failures, or third-party service failures.
Schedule 1 - Definitions
In these Terms:
- Company, we, us, and our means Sparked Technologies Pty Ltd (ABN 64 693 123 107; ACN 693 123 107).
- KickIt means the app, website, software, services, account system, subscription features, support services, and related products or services provided under the KickIt name or brand.
- Service means KickIt and all related services described in these Terms.
- Terms means these Terms and Conditions, as updated from time to time.
- User, you, and your means the person or entity using, accessing, downloading, purchasing, subscribing to, or creating an account for the Service.
- App-store means Apple App Store, Google Play, TestFlight, Google Play testing, or any other app distribution platform through which KickIt is made available.
- Subscription means any paid recurring plan, free trial that converts to a paid plan, paid trial, or other recurring access arrangement for KickIt.
- Device means any phone, tablet, computer, or other device on which KickIt is installed, used, configured, or accessed.
- Accountability buddy means a person a user chooses to involve through any accountability-related feature made available in KickIt.
- Mandatory rights means consumer guarantees, statutory rights, withdrawal rights, refund rights, cancellation rights, warranty rights, privacy rights, app-store rights, or other legal rights that cannot lawfully be excluded, restricted, or modified by these Terms.
Contact details
For questions about these Terms, contact Sparked Technologies Pty Ltd at support@joinkickit.com, +61 466 974 789, or Unit 55, 61 Waverley Street, Dianella, Perth WA 6059, Australia.
