1. ACCEPTANCE OF TERMS
By accessing, logging into, or using the KickSplit platform, including its commission tracking and Customer Relationship Management (CRM) features (collectively, the "Service"), you agree to be bound by these End-User Terms of Use. If you do not agree to these terms, you must immediately cease use of the Service.
2. Nature of Service, Compensation Estimates, and Employer Responsibility
You acknowledge and agree that KickSplit provides software infrastructure to assist your employer in tracking sales metrics and calculating commissions.
- No Employment Relationship: KickSplit is a third-party software provider. We are not your employer, and this agreement does not create any employment, independent contractor, or agency relationship between you and KickSplit.
- Estimates Only: The information displayed within the Service reflects data supplied by your employer and may change as corrections, approvals, or payroll adjustments occur. All commission totals, quota attainment figures, and projected payouts displayed within the Service are automated estimates. KickSplit does not dictate, approve, authorize, or guarantee any final compensation.
- Employer Authority: Your employer retains absolute and sole responsibility for verifying the accuracy of all data, resolving calculation discrepancies, and issuing final wage payments. Any and all disputes regarding your compensation, commission payouts, payroll, or employment terms must be directed exclusively to your employer.
3. ACCEPTABLE USE AND PROHIBITED DATA
You agree to use the Service only for lawful, internal business purposes as authorized by your employer. When utilizing the Service, including any unstructured text fields or CRM notes, you strictly agree not to submit, upload, or process any highly sensitive personal information. This includes, but is not limited to, Protected Health Information (PHI), financial account numbers, credit card data, or government-issued identification numbers. You bear sole responsibility for the data you manually input into the Service.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, KickSplit and its affiliates shall not be liable to you for any direct, indirect, incidental, consequential, punitive, or special damages. This strict limitation applies to any claims of lost wages, lost commissions, lost profits, or loss of data arising out of or in connection with your use of the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory. In no event shall KickSplit's total aggregate liability to you for any claims arising under this agreement exceed fifty dollars ($50.00).
5. GOVERNING LAW AND BINDING ARBITRATION
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to your use of the Service or these Terms shall be resolved by binding, individual arbitration.
6. CLASS ACTION WAIVER
You explicitly agree that any arbitration or proceeding shall be limited to the dispute between KickSplit and you individually. To the full extent permitted by law, you waive any right to bring or participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against KickSplit.