Terms of Service – TrapTap TrapTap logo TrapTap Dev

Terms of Service

These Terms of Service (The "Terms of Service") govern use of the websites and services (the "Services") of Kickbooster, Inc., a Manitoba corporation(together with its affiliates, "Kickbooster”), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, where such supplemental terms are incorporated by reference into the Terms of Service.

By using the Services, Users agree to be bound by these Terms of Service, our Privacy Policy, any requested non-disclosure agreements, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Kickbooster may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.


Kickbooster, provides a software service. It is a tool for crowdfunding for Project Creators. In these Terms, We refer to these software services, provided through the Internet, web - sites, emails, applications, and other ways as the“ Service”, “Services”, or as“ Kickbooster”. We refer to people and entities administering project surveys as“ Project Creators or Campaign Owners” and to their surveys on Kickbooster as “Projects”. We refer to those who have already funded a Project on another platform as“ Platform Backers”, and that funding event as a “Platform Pledge”. We refer to those funding a Project on Kickbooster (as a first occurrence funding event, or as an additional follow - up funding after a funding event on another platform) as "Kickbooster Backers", and we refer to that funding event at a “Kickbooster Pledge”. We refer to both sets of the backers mentioned immediately above as “Backers”, and both sets of pledges mentioned immediately above as“ Pledges”. Project Creators, Backer, and other visitors to the Services are referred to collectively as "Users." Users can have accounts on Kickbooster which represent information personal to them, and accessible only by them(“User Account”).

User Accounts

All information submitted in connection with a User Account must be accurate and truthful.Users agree to notify Kickbooster immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account.Each User also agrees to provide additional information Kickbooster may reasonably request and to answer truthfully and completely any questions Kickbooster might ask you in order to verify such User 's identity.

License to Users

Kickbooster grants each User a limited, non - exclusive, non - transferable, revocable license to use the Services subject to such User 's eligibility and continued compliance with the Terms.

Project Creator's Responsibilities

Project Creators responsibilities include but are not limited to the following:

Project Creators are permitted to offer Rewards to Backers.Project Creators Owners will respond promptly and truthfully to all questions posed to them by Kickbooster or any Backer.Project Creators will comply with all applicable laws and regulations in the use of Pledges and delivery of Rewards.Project Creators are responsible for collecting and remitting any taxes on Pledges, and any taxes due in connection with Rewards.

Backer’ s Responsibilities

Backer responsibilities include but are not limited to the following:

If a Pledge is returned to a Backer, the associated Rewards, if any, shall be canceled.

Kickbooster’ s Rights:

Kickbooster has the following rights:

Kickbooster allows Project Creators to and Backers to engage in different ways.

Project Creators and Backers may communicate using Kickbooster as in the following ways, among others:

Regardless of how Kickbooster is used, the following apply:

Relationships between Backers and Project Creators

Kickbooster provides Kickbooster as software service for Project Creators and nothing more.When a Project Creator posts a project on Kickbooster and allows Kickbooster Pledges, they’ re inviting other people to form a contract with them.Anyone who backs a project is accepting the Project Creator’ s offer, and forming that contract.When this occurs, Kickbooster is not a party to this contract.The contract is a direct legal agreement between creators and their backers.Here are the terms that govern that agreement:

Throughout the process, Project Creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, Backers must understand that when they back a project, they’ re helping to create something new— not ordering something that already exists.There may be changes or delays, and there’ s a chance something could happen that prevents the creator from being able to finish the project as promised.

If a Project Creator is unable to complete their endeavor and fulfill Rewards, they’ve failed to live up to the basic obligations of this agreement.To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers.A Project Creator in this position has only remedied the situation and met their obligations to Backers if :

they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;

they work diligently and in good faith to bring the project to the best possible conclusion in a time-frame that’ s communicated to backers;

they're able to demonstrate that they've used funds appropriately and made every reasonable effort to complete the project as promised;

they’ve been honest, and have made no material misrepresentations in their communication to backers; and

they offer to return any remaining funds to backers who have not received their reward( in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.

The Project Creator, not Kickbooster, is solely responsible for fulfilling the promises made to Users.If an obligation to deliver Rewards exists, it rests solely with the Project Creator, and not Kickbooster. If The Project Creator is unable to satisfy the terms of this agreement, they may be subject to legal action by Backers.


Kickbooster may, from time to time, help facilitate communication between Project Creators and Kickbooster Backers.Kickbooster may also sometimes provide guidance to Project Creators, Backers, and other Users concerning payment disputes.Kickbooster may attempt to help the parties move to a mutually satisfying resolution.When such occurrences happen, the provision of any such guidance in any communication shall be considered common - sense, and not expert, financial, or legal advice.Any guidance provided by Kickbooster to Project Creators, Backers, or Users in will not be construed as acceptance of any official involvement in the dispute as advisor, mediator, arbitrator, fiduciary, or any other legally meaningful role.

Project Creators may be legally bound to perform on any promise and / or commitment to Backers(including delivering any Rewards).Kickbooster does not recognize any third - party and / or agency affiliated with the Project or Project Creator.Kickbooster is not involved in , and is under no obligation to become involved in , disputes between Project Creators, Backers, Users, or any third - party.

In addition, Kickbooster is under no obligation to become involved in disputes regarding the determination of a Project’ s rightful Project Creator, and will not be obligated to make any changes to Project Creator accounts or transfer of ownership.

In the event of any dispute, such as a Project Creator 's alleged failure to comply with the Terms, or alleged failure in fulfillment of a Reward, we may provide the Project Creator' s contact information to Users so that the two parties may resolve their dispute.

Pledges and Refunds

Kickbooster does not have access to, control, or otherwise have any special relationship to Platform Pledges made by Platform Backers.Kickbooster’ s only connection to Platform Pledges is to import the pledge amounts as data from other Platforms and represent that data in useful formats for the Project Creator.

These are the terms that apply to Backers who have make Kickbooster Pledges:

These are the terms that apply to Project Creators who allow Kickbooster Pledges:

Kickbooster does not provide professional or expert advice

Kickbooster does not provide expert advice for Project Creators or Backers.Crowdfunding is a relatively new phenomenon, and there are many outstanding legal questions concerning crowdfunding, including but not limited to questions regarding the exact legal status of Pledges and Rewards, tax ramifications for Pledges and Rewards, customs declarations practices, as well as many others.

All communications made by Kickbooster, either directed personally or to the public at large, or any specific public, does not provide professional, legal, or financial advice to Users or any other individuals, and assumes no fiduciary duties of Users.When Kickbooster comments on common practices, “best - practices”, successful tactics, or observations made concerning activities on Kickbooster or any other platform, those communications are not to be construed as advice.They are simply observations made by the Kickbooster staff.All Users of Kickbooster are encouraged to seek appropriate guidance from legal and financial advisors concerning any legal or financial question they may have.

Kickbooster recognitions

Kickbooster may, from time to time, highlight specific Projects on Kickbooster or other platforms as interesting or noteworthy. Any such recognitions, including but not limited to being featured in ‘Kickbooster Staff Favorites’,or other categories, tags, or recognitions, or granting permission to use Kickbooster badges or branding, shall not be construed as Kickbooster’ s endorsement of any particular Project, endorsement of the actions of any Project Creator, or any guarantee of a Project’ s worthiness, probability of being funded on any platform, of delivering on promises, or of fulfilling Rewards.

Prohibited uses of Kickbooster branding

Users are not permitted to use Kickbooster colors, branding elements, or badges in Kickbooster or on any other platform or in any other way that could be interpreted as having been produced by Kickbooster, as implying an endorsement by Kickbooster, as implying that Kickbooster has made a specific comment as to a Project’ s probability of successfully being funded on any platform, of delivery on promises, or of fulfilling Rewards.

Service Fees

Setting up an account on Kickbooster is free.We do not charge our Service fees to Backers, or any Users that are no Project Creators.From Project Creators, fees may be applied in the following ways, depending on which service plan is selected:

Digital Asset Distribution

Kickbooster’ s functions include existing as a tool that allows Project Creators to distribute digital files to Users, or to distribute generalized or individualized download - codes for the purpose of allowing Users access to digital assets on other platforms.

Project Creators and Users may not use Kickbooster to distribute digital assets in ways that are legally prohibited.Project Creators and Users may not distribute assets that contain malware, viruses, or otherwise have the potential to cause electronic equipment to function in ways not intended by the equipment 's owners.

Responsibility for any damage created by digital assets distributed through Kickbooster lies solely with the Users distributing and receiving assets, and not with Kickbooster

Users acknowledge that receiving assets from other parties requires a certain amount of trust between the sender and recipient.Kickbooster does not endorse, vouch - for, vet, scan, check, or otherwise analyze assets distributed by Project Creators or Users.Users completely assume the risk of receiving such assets and agree to hold Kickbooster harmless from any damage that results in receipt of such assets.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent.Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services.Users suspended from using the Services are not eligible to use the Services.Kickbooster reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledge, or the Services at any time for any reason without liability.

Prohibited Projects

Project Creators are not permitted to create a Project to solicit information from users for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges.Project Creators shall not make any false or misleading statements in connection with their Projects.

Prohibited Rewards

Campaign Owners are not permitted to use Kickbooster to offer or provide any of the following as a Reward:


Taxing authorities may classify Pledges raised on Kickbooster(or other platforms) as taxable income to the Project Creator and any beneficiary who will receive them.

User Content

While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials(collectively, "User Content"). Users grant Kickbooster a perpetual, non - exclusive, royalty - free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities.As between Users and Kickbooster, Users continue to hold all ownership interest in their User Content.Each User represents and warrants that its User Content and our use of such User Content will not infringe any third - party 's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.


Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity(each, a "Promotion") on the Services without Kickbooster’ s prior written permission(which may be granted or withheld by Kickbooster in its sole and absolute discretion). Project Creators may request permission from Kickbooster by sending an email to legal@Kickbooster.com.Subject to and upon any such permission, each Project Creator offering any Promotion further acknowledges and agrees that: (a) such Project Creator shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any pledge or other payment of any amount as the sole method of entry into such Promotion; and(c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Kickbooster does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Kickbooster from any and all liability; and(iii) all questions concerning the Promotion must be directed to the Project Creator and not to Kickbooster.

Third - Party Websites, Advertisers or Services

The Services may contain links to third - party websites, advertisers, or services that are not owned or controlled by Kickbooster. Access to or use of third - party sites or services are at each User's own risk. Except as otherwise expressly provided herein, Kickbooster is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

Payment Services

Project Creators that accept PayPal and Backers that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’ s Crowdfunding and Acceptable Use Policies.

Credit card payment processing services for Project Creators on Kickbooster are provided by Stripe, Inc.("Stripe") and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Project Creator on Kickbooster, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Kickbooster enabling credit card payment processing services through Stripe, you agree to provide Kickbooster accurate and complete information about you and your business, and you authorize Kickbooster to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third-party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third-party credit card processing or third-party payment services.


Each User agrees to defend, indemnify and hold harmless Kickbooster, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses(including attorneys ' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Kickbooster may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Kickbooster and each User agrees to assist and cooperate with Kickbooster in the defense or settlement of any such matters.

No Warranty


Waiver and Release

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies: For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability


For jurisdictions that do not allow Kickbooster to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Kickbooster’ s liability is limited to the smallest extent possible by law.Specifically, in those jurisdictions not allowed, Kickbooster does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or(b) fraudulent misrepresentation or intentional misconduct; or(c) any liability which it is not lawful to exclude either now or in the future.


The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Kickbooster without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account.Users may terminate their User Account by following the instructions on the Services, but Kickbooster may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures.All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Delaware(the principal place of business and corporate headquarters of Kickbooster); and(b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Kickbooster, either specific or general, in jurisdictions other thanManitoba.This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.


Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states.While provisions vary state to state, these state laws typically include registration and reporting requirements.Kickbooster provides a technology platform to allow Project Creators to connect with Backers and nothing more.Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

Kickbooster makes no representations, warranties or other assertions as to the potential tax deductible status of any Pledge by a Backer to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax - advantaged organization under the Internal Revenue Code.The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed— a charitable or tax - advantaged organization by the Internal Revenue Service.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law.We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when required by law.

Notification Procedures:

  • Users agree Kickbooster may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website.Users may opt out of certain means of notification or to receive certain notifications.
  • Unsolicited Idea Submissions

    We are always pleased to hear from our Users, and welcome their comments or suggestions.However, products, services, and features developed by Kickbooster or its Users might be similar or even identical to a submission received by Kickbooster or its Users.When we refer to a "submission" in this paragraph, we mean: any submission, comment, or suggestion(including, but not limited to, ideas, products, or services and suggested changes) made either on the Kickbooster platform or to Kickbooster about an existing product or service on, or a feature of, or a proposed addition to, the Kickbooster platform.

    With regard to User submissions:

    (1) all such submissions are non - confidential and nonproprietary and will be treated as non - confidential and nonproprietary;

    (2) Kickbooster and Kickbooster Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,

    (3) Kickbooster and Kickbooster Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.

    Entire Agreement / Severability

    These Terms, along with any non - disclosure agreements signed by Project Creators, are the entire agreement between each User and Kickbooster regarding its subject matter.If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.Kickbooster’ s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    Changes to Terms

    Kickbooster may alter the Terms at any time, so please review them frequently.If a material change is made, Kickbooster may, but is not obligated to, notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate.

    DMCA Complaints

    If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998(the "DMCA") or that any User Content infringes such User 's intellectual property rights and is accessible the Services, please notify Kickbooster at legal@Kickbooster.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):

    The above information must be submitted to the Kickbooster DMCA agent(the "DMCA Agent") by mail and email to the following addresses:

    Kickbooster, Inc.(aka Kickbooster)

    Attention: Deeley Fabbri Sellen: Norm Piel

    903-386 Broadway
    Winnipeg MB
    R3C 3R6

    Email: legal@Kickbooster.com

    If ny User(the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter - notice(the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:

    Upon receipt of the Counter - Notice by the DMCA Agent, a copy of the Counter - Notice may be sent to the Complainant informing the Complainant that Kickbooster, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter - Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.


    In accordance with the DMCA and other applicable laws, Kickbooster has adopted a policy of terminating, in appropriate circumstances and at Kickbooster’ s sole discretion, repeat infringers.


    Users sending emails, directly or indirectly, in connection with a Kickbooster or Kickbooster, agree, acknowledge, represent and warrant that all such emails, and procurement of email addresses thereto, shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non - Solicited Pornography and Marketing Act and the Children 's Online Privacy Protection Act.


    All subpoenas must be properly served on Kickbooster, preferably by mailing the subpoena to Eric Boisjoli .Please find below the Manitoba address for Eric Boisjoli:

    Attention: Eric Boisjoli– Subpoena

    Kickbooster Inc., (AKA Kickbooster)

    903-386 Broadway
    Winnipeg MB
    R3C 3R6

    Email: legal@Kickbooster.com

    Kickbooster does not accept service via e - mail or fax and will not respond subpoenas delivered by email or fax, however, Kickbooster encourages duplicate copies of legal communications by email for convenience.

    No Agency

    No agency, partnership, joint venture, employee - employer or franchiser - franchisee relationship is intended or created by this Agreement.


    Kickbooster may freely assign or transfer any or all of the rights and obligations described in this Agreement, or this Agreement in its entirety, in connect with a merger, acquisition, or sale of assets or by operation of law or otherwise.You may not assign this Agreement or any of your rights and duties hereunder without the prior written consent of Kickbooster This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.


    If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

    Entire Agreement

    This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof.It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.


    The waiver or failure by Kickbooster to exercise any right provided for herein will not be deemed a waiver of any further right hereunder.The rights and remedies of Kickbooster set forth in this Agreement are cumulative and are in addition to any rights or remedies Kickbooster may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

    Headings / Interpretation

    The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.Any graphics or annotations provided in connection with this Agreement are for illustration purposes only and do not constitute part of the Agreement and changing a graphic does not qualify as a change to this Agreement.The list of Prohibited Products and Activities is separately maintained, and modifications thereto will not qualify as a change to this Agreement


    Kickbooster Inc.(AKA Kickbooster)

    903-386 Broadway
    Winnipeg MB
    R3C 3R6

    Email: legal@Kickbooster.com