Website Terms and Conditions

Last updated October 2026

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and BANANAZ, INC. dba KABLAM (“KABLAM,” “we,” “us” or “our”), concerning your access to and use of the https://kablamit.com/ website and KABLAM’s mobile application available on the Apple App Store and Google Play Store (collectively, the “Site”; the mobile application may be referred to as the “App”), as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. You agree that by accessing the Site or App, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site or App and you must discontinue use immediately.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

USER REPRESENTATIONS

By using the Site or App, you represent and warrant that:

All information submitted or provided by you will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms and Conditions;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

USER REGISTRATION AND ACCOUNT SECURITY

To access the Site or App or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site or App that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Site or App or otherwise is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a username, password, or any other piece of information as part of our security procedures, you must treat it as confidential and must not disclose it to any other person or entity. Your account is personal to you, and you agree not to provide any other person with access to the Site or App using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.

PROHIBITED ACTIVITIES

You may not access or use the Site or App for any purpose other than that for which we make the Site or App available. The Site and App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site or App, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Use the Site to advertise or offer to sell goods and services;
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
Engage in unauthorized framing of or linking to the Site;
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
Attempt to impersonate another user or person or use the username of another user;
Use any information obtained from the Site in order to harass, abuse, or harm another person;
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
Delete the copyright or other proprietary rights notice from any Content;
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
Use the Site in a manner inconsistent with any applicable laws or regulations.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; or
Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://kablamit.com/privacy/. By using the Site or App, you consent to the practices described in our Privacy Policy. Please be advised the Site and App are hosted in the United States.

If you access the Site or App from the European Economic Area, United Kingdom, Switzerland, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or App, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. The Site and App are intended for users in the United States only and are not directed at residents of the European Economic Area, United Kingdom, or Switzerland. Rights under the GDPR may be addressed in a future update to these Terms and Conditions and the Privacy Policy.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site except as may be required by applicable law. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

PURCHASES AND PAYMENT

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site or App, KABLAM grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and royalty-free license, for the duration of your use, to access and use the Site and App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. This Use License is at no charge to you. This is a grant of a license, not a transfer of title. Any use of the Site or App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted are reserved by KABLAM.

You recognize and agree that your ability to use and reuse the information contained on the Site or App is limited by these Terms and Conditions. Under this license you must not:

Modify or copy any materials from the Site or App;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or App;
Access or use for any commercial purposes any part of the Site or App or any services or materials available through the Site or App;
Use the materials for any public display, commercial or non-commercial;
Attempt to decompile or reverse engineer any software, copyright, or other information contained on the Site or App;
Remove any copyright or other proprietary notations from the materials;
Scrape any data; or
Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, and KABLAM may terminate your use license at any time for any reason. Upon terminating your license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or App in breach of these Terms and Conditions, your license and right to use the Site or App will stop immediately and you must cease using the Site or App and return or destroy any copies of the materials you have made.

MOBILE APPLICATION AND APP STORE TERMS

The App is available through the Apple App Store and Google Play Store (each, an “App Distributor”). These Terms and Conditions are between you and KABLAM only, and not with any App Distributor. KABLAM, and not an App Distributor, is solely responsible for the App and its content.

Your license to use the App is limited to use on Apple-branded or Android devices that you own or control, as permitted by the applicable App Distributor’s usage rules, including the Apple Media Services Terms and Conditions and Google Play Terms of Service.

An App Distributor has no obligation to furnish maintenance and support with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.

KABLAM, and not an App Distributor, is responsible for addressing any product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or privacy laws. KABLAM, and not an App Distributor, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.

You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the App, including applicable wireless data service terms.

Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions and have the right to enforce them against you. To the extent these Terms and Conditions are less restrictive than Apple’s standard Licensed Application End User License Agreement, the terms of Apple’s standard EULA will apply as minimum requirements.

GOVERNING LAW

These Terms and Conditions and your use of the Site or App are governed by and construed in accordance with the laws of Florida, without regard to its conflict of law principles.

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE IN DISCOVERY; AND (4) APPEAL RIGHTS WILL BE LIMITED.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We hope we never have a dispute, but if we do, you agree to try for 60 days to resolve it informally. If we cannot, you and we agree that we will resolve any claim or controversy at law or equity that arises out of these Terms and Conditions, the Site, the App, or our products or services (a “Claim”) in accordance with one of the subsections below:

(i) If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any person who uses your Account, and us, our affiliates, and/or agents, if it relates to your Account, your use of the Site or App, or to these Terms and Conditions, except as noted hereafter.

(ii) Either party may assert an individual case in small claims court or your state’s equivalent court. Any disputes relating to the enforcement, protection, or validity of the intellectual property rights of either party shall not be subject to arbitration. Nothing in this Section shall limit either party from seeking injunctive or other exigent relief from a court of law.

Notwithstanding any other language in this Section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this Section of these Terms. However, any dispute or argument that concerns the validity or enforceability of these Terms as a whole is for the arbitrator, not a court, to decide. Further, you and we may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY OTHER USER OR PERSON NOT ON YOUR ACCOUNT.

The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be mailed to

Bananaz, Inc., dba KABLAM
1686 S Federal HWY #265
Delray Beach, FL 33483

The arbitration shall be administrated by the Boca Raton, Florida offices of JAMS and the arbitration shall be conducted under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated. The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section of the Agreement and the JAMS Rules, the terms in this Section of the Agreement will control. The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act (“FAA”) and applicable U.S. law, which would apply in court, but may use different procedural rules.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted exclusively in the state and federal courts located in Palm Beach County, Florida and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and inconvenient forum with respect to venue and jurisdiction in such state and federal courts.

DISCLAIMER

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS AND CONDITIONS, THE SITE, THE APP, AND ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS AND CONDITIONS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR APP, EVEN IF SUCH LOSSES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or App, our liability shall in no event exceed the greater of (1) US $100.00, or (2) the total of any subscription or similar fees, if any, with respect to any service or feature of or on the Site or App paid in the six months prior to the date of the initial claim made against us.

Some jurisdictions do not allow limitations of liability, so some or all of the foregoing limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site or App; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or App with whom you connected via the Site or App.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship, or fiduciary relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Bananaz, Inc., dba KABLAM
1686 S Federal HWY #265
Delray Beach, FL 33483
support@KABLAMit.com