These Terms of Service (the “Terms”) are a binding agreement between you and KickBot, Inc., a Delaware corporation doing business as SponsorBar (“SponsorBar,” “KickBot,” “we,” “us,” or “our”). Our mailing address is 150 Sutter Street, PO Box 402, San Francisco, California 94104, United States.
By creating an account, installing or using the SponsorBar Mac application, purchasing advertising, or otherwise using the Service, you agree to these Terms. If you use SponsorBar for a company or another organization, you represent that you have authority to bind it, and “you” includes that organization.
Section 17 requires most U.S. disputes to be resolved through individual arbitration and includes a class-action waiver. You may opt out within 30 days as described there.
1. The Service and the parties’ relationship
SponsorBar provides a website and dashboard, a native macOS menu-bar application, advertising review and delivery, impression measurement, campaign reporting, revenue sharing, and payout administration (collectively, the “Service”).
Advertisers purchase advertising services from SponsorBar. Mac users who choose to display approved ads (“Display Users”) may receive a share of the media price allocated to valid impressions. Advertisers and Display Users do not contract with one another merely by using SponsorBar. SponsorBar is not an employment agency, and displaying an ad does not make a Display User an employee, agent, partner, spokesperson, or endorser of SponsorBar or an advertiser. Display Users decide whether and when to run, snooze, hide, or quit the application.
2. Eligibility and availability
You must be at least 18 years old, have legal capacity to enter a contract, and use the Service only in compliance with applicable law. You may not use SponsorBar if you are barred from doing so under United States law or the law where you live, including applicable trade sanctions and export controls.
The Mac application may be available for download in more places than paid participation is available. Advertiser payment methods and Display User onboarding and payouts depend on Stripe, SponsorBar’s approved account configuration, local law, and country-specific verification, currency, and minimum-payout requirements. We may limit or discontinue the Service in any location and do not promise availability in every country supported by Stripe.
3. Accounts and verification
You must provide accurate, current information; keep your credentials secure; promptly update information that changes; and notify [email protected] if you suspect unauthorized use. You are responsible for activity conducted through your account unless applicable law provides otherwise. An account may act as both a Display User and an advertiser. Unless we approve otherwise, one SponsorBar account may connect one Mac at a time.
We or our providers may require identity, business, payment-method, tax, sanctions, ownership, or other verification. Advertisers acting for a client, brand, or other third party must have permission to do so. We may refuse, limit, or revoke access when verification is incomplete or unsuccessful.
4. License to use the Service
Subject to these Terms, SponsorBar grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Mac application and access the Service for their intended purposes. You may not copy, sell, sublicense, rent, reverse engineer, bypass, modify, or create derivative works from the Service except to the limited extent a restriction is prohibited by law. You may not interfere with the Service, probe it for vulnerabilities without written permission, or use it to build or improve a competing product.
SponsorBar and its licensors retain all rights in the Service, including its software, design, trademarks, reports, and measurement systems. No rights are granted except those stated in these Terms.
The Mac application may check for and offer software updates. Updates, including security and compatibility updates, are part of the Service and may be required for continued use.
5. Impressions and measurement
A “Valid Impression” is one full, uninterrupted minute during which SponsorBar’s server-authoritative checks determine that an approved paid ad was eligible and displayed. The Mac generally must be awake and unlocked, recently used, connected, and rendering the menu-bar placement in a position that our checks consider visible. A partial or interrupted minute does not count. Paused, hidden, offline, replayed, automated, manipulated, or otherwise invalid activity does not count.
A creative may remain visible for more than one consecutive minute, with each completed eligible minute measured separately. Clicking an ad is optional. Clicks, conversions, purchases, and other post-impression activity do not determine what an advertiser is charged or what a Display User earns.
Device and operating-system reporting is not perfect. We use conservative signals and may reject uncertain activity. Our records control impression, spend, and earnings calculations except in the case of a demonstrable error. You must report a suspected calculation error to [email protected] within 30 days after it appears in your dashboard so we can investigate it.
6. Display User earnings
Revenue share
At the current standard base rate, SponsorBar allocates 70% of the media price for each Valid Impression to the Display User who provided that impression and allocates 30% to SponsorBar. SponsorBar funds earning boosts, referral rewards, payment-processing and ordinary payout costs, operating costs, and any remaining profit from its share. The applicable price and base split are recorded with the impression. We may change pricing or the split prospectively, but a change will not reduce an earning already recorded for a completed Valid Impression.
Dashboard amounts are ledger entries, not bank deposits, stored value, or interest-bearing funds. Earnings are not guaranteed. They depend on eligible use, available approved campaigns, campaign pacing and targeting, the applicable rate, and our fraud and visibility checks.
Pending period, holds, and reversals
An earning is added to the Display User’s pending balance after a Valid Impression and normally remains pending for five days. It then becomes available for payout unless it is held, adjusted, or reversed. We may hold, reject, or reverse pending or available balances when we reasonably believe they result from invalid activity, fraud, mistake, unauthorized payment, abuse, collusion, a legal or provider requirement, or a violation of these Terms.
A completed payout ordinarily cannot be reversed in the SponsorBar ledger. However, you remain responsible for amounts paid to you because of fraud, material error, or unlawful activity. To the extent permitted by law, we may offset such amounts against future earnings or require repayment. Returned or rejected bank payouts may be restored to your balance after any required review.
Payout setup and timing
Stripe processes payout onboarding, identity verification, and bank delivery. By setting up payouts, you also agree to the applicable Stripe Connected Account Agreement and authorize SponsorBar and Stripe to take the actions needed to administer your connected account and payouts.
You may begin earning before completing payout setup. Under the current operating threshold, paid-ad serving pauses when your total balance reaches $5 until setup is complete; the recorded balance remains in your account. Eligible available balances are currently reviewed in weekly Monday batches when they reach $10, or a higher local or provider minimum. These thresholds and schedules may change prospectively. Verification, reviews, banking systems, holidays, provider outages, returns, and country restrictions may delay or prevent payout. A displayed payout date is an estimate, not a guarantee.
Taxes
You are responsible for determining and paying taxes arising from your earnings. You must provide accurate tax information when requested. SponsorBar or Stripe may report payments, withhold amounts, or issue tax forms when required by law. SponsorBar does not provide tax advice.
7. Referrals and promotions
Under the current launch promotion, each eligible Display User receives an additional amount equal to 10% of their base eligible earnings. SponsorBar funds this launch boost from its share. It does not compound or change the 70% base share and may be changed or ended prospectively.
If SponsorBar offers a referral program, promotional credit, or other promotion, additional terms shown with that program apply. Under the current referral program, an eligible referral link has a 14-day, last-eligible-click attribution window. The referrer receives 5% of the referred Display User’s base eligible earnings while both accounts remain eligible and in good standing, and the referred Display User receives a 5% boost on base eligible earnings for the first 30 days beginning with their first Valid Impression. The referred-user boost stacks with the launch boost, producing a total 15% boost on base eligible earnings while both are active. These rewards come from SponsorBar’s share, do not reduce the referred user’s base share, and do not compound.
Self-referrals, circular referrals, duplicate payout identities or bank accounts, manufactured accounts or devices, cookie stuffing, false attribution, and rewards based on invalid activity are prohibited. Referral rewards follow the same pending, hold, reversal, and payout rules as other earnings. We may change or end a referral program prospectively and may deny or reverse rewards obtained through error, manipulation, or abuse.
8. Advertiser purchases and Media Credit
Advertisers prepay for advertising services. A successful payment adds an equal amount of non-transferable, non-interest-bearing campaign credit (“Media Credit”) to the applicable advertiser account or campaign. Media Credit is not a deposit account, general-purpose wallet, security, or cash equivalent, and may be used only to purchase SponsorBar advertising. Stripe confirmation, rather than a checkout return page, determines whether payment succeeded.
The current minimum purchase is $15, but the minimum may change. Prices, campaign budgets, estimated impressions, applicable taxes, and currency will be shown at or before checkout. At the current launch rate, $4 buys 1,000 completed one-minute impressions. Rates may vary by campaign and may change before a later purchase. Unless we disclose otherwise before checkout, the full payment amount becomes Media Credit and SponsorBar absorbs ordinary payment-processing fees. Receipts or invoices will be available through SponsorBar or its payment provider.
Media Credit is consumed only as Valid Impressions are completed at the rate recorded for the campaign. A campaign may receive impressions from the advertiser’s own eligible Mac. Self-delivery is not automatically invalid, and no particular number of unique devices is promised unless we expressly agree otherwise in writing.
Campaign changes, cancellation, and refunds
You may ask [email protected] to stop a campaign and refund its unused, uncommitted Media Credit. Media Credit already consumed by Valid Impressions is final and non-refundable. We normally return an approved refund to the original payment method. Processing time, currency conversion, and bank availability may affect when a refund appears.
Before initiating a payment dispute or chargeback, contact support so we can investigate and, where appropriate, refund unused Media Credit. Except to the extent applicable law gives you a non-waivable right, you may not charge back amounts corresponding to completed advertising services. Fraudulent or abusive payment disputes may lead to suspension, termination, recovery of our costs, and any other remedies available by law.
9. Campaign review and advertiser responsibilities
Every campaign requires SponsorBar approval before delivery. Approval is discretionary and is not legal advice, an endorsement, or a guarantee that an ad complies with every law. We may reject, request changes to, pause, limit, or end any campaign before or after approval, including when its content, destination, ownership, safety, claims, or legal context changes.
Advertisers represent and warrant that:
- they are authorized to advertise the named business, product, service, and destination;
- they own or have all rights and permissions needed for submitted names, logos, text, claims, links, and other materials;
- their ads and destinations are accurate, lawful, safe, functional, and not deceptive or unfair;
- they possess reasonable evidence for all express and implied objective claims before submission;
- they will make all disclosures required for advertising, endorsements, material connections, regulated products, and offers;
- their ads and destinations comply with applicable advertising, consumer-protection, intellectual-property, privacy, accessibility, and industry-specific laws; and
- they will promptly notify SponsorBar if a campaign or destination no longer meets these requirements.
SponsorBar accepts only general-audience advertising. Prohibited content includes adult sexual content or services; gambling or real-money gaming; alcohol, tobacco, nicotine, or illegal drugs; political candidates, elections, ballot measures, or issue advocacy; weapons; malware, surveillance tools, or instructions for abuse; hate, harassment, discrimination, or graphic violence; impersonation or fake system notices; scams; and false, misleading, unsupported, or otherwise deceptive claims. We may prohibit additional regulated, unsafe, low-quality, or unsuitable content even if it is lawful.
10. Campaign materials and license
Advertisers retain ownership of the materials they submit. They grant SponsorBar a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, review, display, distribute, and link those materials as necessary to review, deliver, measure, report on, and support the campaign. Advertisers also grant SponsorBar permission to display their name, logo, submitted creative, and an accurate description or image of the campaign in SponsorBar’s own website, portfolio, sales materials, social posts, and other promotional materials. This license does not permit SponsorBar to alter the advertiser’s claims or imply an endorsement beyond the fact that the campaign ran on SponsorBar.
The license continues for archived operational, legal, security, and financial records after a campaign ends. The promotional portion continues until the advertiser revokes it for future use by emailing [email protected]; revocation does not require SponsorBar to recall materials already published or printed.
Intellectual-property complaints
If you believe material on SponsorBar infringes your copyright, trademark, or other rights, send a notice to [email protected] and the mailing address in Section 20. Identify the protected work or right, the material at issue and where it appears, your contact information, and the action you request. For a copyright complaint, also include a good-faith statement that the use is not authorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We may remove or restrict material and contact the submitting advertiser while we investigate.
11. Reporting, targeting, and results
Campaign dashboards may report impressions, unique devices, clicks, click-through rates, countries, spend, and other analytics. Reports may be delayed, estimated, deduplicated, corrected, filtered for invalid activity, or affected by device settings and technical limits. Country and other targeting signals may be imprecise because of VPNs, proxies, travel, device settings, network routing, and incomplete data.
SponsorBar does not guarantee clicks, conversions, sales, audience composition, brand lift, targeting accuracy, uninterrupted delivery, campaign completion by a particular date, or any other business result. Examples, projections, and estimates are illustrative and are not promises.
12. Prohibited conduct
You may not:
- automate, replay, fabricate, purchase, sell, or manipulate impressions, clicks, accounts, devices, referrals, balances, or payouts;
- operate device farms, coordinate advertiser and Display User accounts to manufacture activity, or use stolen payment or identity information;
- modify the client, falsify eligibility signals, manipulate clocks or network requests, evade frequency limits, or bypass a hold or suspension;
- upload malicious code, tracking pixels, executables, or content designed to evade review;
- access another person’s account or personal information without authorization;
- use the Service for money laundering, sanctions evasion, unlawful discrimination, or any illegal purpose; or
- encourage, assist, or attempt any prohibited conduct.
We may use automated signals and human review to investigate activity and may preserve relevant records. You agree to reasonably cooperate with an investigation into your account, campaign, payment, or payout.
13. Third-party services and destinations
SponsorBar relies on third-party services, including Stripe for payments, identity verification, connected accounts, and payouts, and third-party identity providers when you choose social sign-in. Their terms and privacy practices govern their services. SponsorBar is not responsible for a provider’s independent acts, outages, verification decisions, or restrictions.
Ads link to advertiser-controlled websites. SponsorBar does not control and is not responsible for those destinations or for products, services, transactions, content, privacy practices, or harm arising after a user leaves SponsorBar. Visiting or transacting with an advertiser is at the user’s discretion and creates a relationship between that user and the advertiser, not SponsorBar.
14. Suspension, termination, and changes to the Service
You may stop using the Service at any time. We may reject a campaign or suspend, limit, hold, or terminate an account, campaign, device, payment, earning, or payout at our discretion, with or without advance notice, including to investigate suspected fraud, protect users or the Service, comply with law or provider requirements, address nonpayment or disputes, or enforce these Terms.
After termination, your license ends and you must stop using the Mac application. Subject to fraud review, legal restrictions, payment reversals, and permitted offsets, we will continue to process legitimate available Display User earnings and approved refunds of unused advertiser Media Credit. Sections that by their nature should survive—including ownership, licenses needed for retained records, payment obligations, disclaimers, liability limits, indemnity, disputes, and miscellaneous terms—will survive.
We may add, remove, or change features, compatibility, rates, minimums, schedules, availability, or the Service as a whole. We do not guarantee that any feature or campaign inventory will remain available.
15. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SPONSORBAR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE WITH EVERY MAC OR OPERATING-SYSTEM VERSION, OR FREE OF HARMFUL COMPONENTS, OR THAT CAMPAIGNS, EARNINGS, PAYOUTS, TARGETING, OR RESULTS WILL MEET YOUR EXPECTATIONS.
Some jurisdictions do not allow certain warranty exclusions. In that case, the exclusions apply only to the extent permitted by law. Nothing in these Terms limits a non-waivable statutory right.
16. Limitation of liability and indemnity
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSORBAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ADVERTISING RESULTS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
To the maximum extent permitted by law, the aggregate liability of SponsorBar and those parties for all claims arising from or relating to the Service or these Terms will not exceed the greater of (a) $100 or (b) the total amount you paid to SponsorBar or received from SponsorBar through the Service during the 12 months before the event giving rise to the claim. This cap does not reduce SponsorBar’s obligation to pay undisputed Valid Earnings or approved refunds under these Terms. Liability that cannot legally be limited remains unaffected.
Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless SponsorBar and its officers, directors, employees, affiliates, and agents from third-party claims, liabilities, damages, losses, and reasonable legal costs arising from your campaign materials or destination; your products or services; your infringement or violation of another person’s rights; your fraud, unlawful conduct, or material breach of these Terms; or your taxes. This obligation does not apply to the extent a claim results from SponsorBar’s own gross negligence, willful misconduct, or violation of law. If you are a consumer, this section applies only to the extent enforceable under the law where you live.
17. Disputes, arbitration, and governing law
Informal resolution first
Before filing a claim, you and SponsorBar agree to try in good faith to resolve it informally for 30 days. Send a written notice describing the dispute, requested relief, and the email associated with your account to [email protected] and KickBot, Inc., 150 Sutter Street, PO Box 402, San Francisco, California 94104. We will send our notice to the email associated with your account. The parties may proceed sooner if a limitations period would otherwise expire.
Individual arbitration for U.S. users
Except for a claim eligible for small-claims court or a claim seeking injunctive relief for infringement or misuse of intellectual-property rights, any dispute between a U.S. user and SponsorBar arising from or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules for consumers and the applicable AAA commercial rules for businesses. The Federal Arbitration Act governs this arbitration provision.
Arbitration may occur by documents, telephone, or video. Any in-person consumer hearing will take place in the county where the consumer lives unless the parties agree otherwise. Fees will be allocated under the applicable AAA rules, subject to applicable law. A court with jurisdiction may enter judgment on the award.
Class-action and jury-trial waiver
YOU AND SPONSORBAR WAIVE THE RIGHT TO A JURY TRIAL AND AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY’S CLAIM.
Right to opt out
You may opt out of the arbitration and class-waiver provisions by emailing [email protected] within 30 days after first accepting these Terms. Include your full name, account email, and a clear statement that you opt out of the SponsorBar arbitration agreement. Opting out will not affect any other part of these Terms or your access to the Service.
Governing law and courts
These Terms are governed by Delaware law, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. If a dispute is not required to be arbitrated, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware, except that either party may bring an eligible claim in small-claims court. If you are a consumer outside the United States, this section does not deprive you of mandatory protections or access to courts that the law where you live cannot contractually waive.
18. Changes to these Terms
We may update these Terms. The current version and its “Last updated” date will be posted here. If a change materially affects your rights, we will provide additional notice when required by law or reasonably practicable, such as by email or an in-product message. Changes apply prospectively from their stated effective date; continued use after that date constitutes acceptance. If you do not agree, you must stop using the Service. Changes to Section 17 will not apply to a dispute of which SponsorBar had actual notice before the change took effect.
19. Miscellaneous
These Terms are the entire agreement between you and SponsorBar concerning the Service, except for additional written terms that expressly apply to a feature, promotion, or separately negotiated campaign. If those additional terms conflict with these Terms, the additional terms control for that subject. Purchase orders or other advertiser forms do not modify these Terms unless signed by SponsorBar.
If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain effective, except as otherwise required for the class-action waiver in Section 17. A waiver must be in writing and is not a continuing waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. There are no third-party beneficiaries. Headings are for convenience only. Electronic communications and signatures satisfy any legal requirement that they be in writing.
20. Contact
Legal notices and rights complaints: [email protected]
Customer support and refund requests: [email protected]
KickBot, Inc.
150 Sutter Street, PO Box 402
San Francisco, CA 94104
United States