Last updated: September 13, 2024
1.1 Our Service
The Iconnek Platform is a cloud connector hub enabling interconnection of services and data transfer between third-party applications. "Services" means the Iconnek website (www.iconnek.io), the online platform accessible through the website and any related platforms or applications owned or controlled by Iconnek.
1.2 Modification or Interruption of the Service
Iconnek reserves the right to add, modify or discontinue features, functionality or tools related to the Service at its sole discretion without notice. Material negative changes to basic functionality require notification via announcement on the Sites, Service, or email.
1.3 Disclaimer of Contingency with Respect to Future Versions
Subscriptions are not contingent upon provision of future features, functionality, continuation of services beyond current subscription terms, or public comments regarding future functionality.
1.4 Ability to Accept the Conditions
Users must be at least 18 years of age. Iconnek reserves the right to request proof of age.
2.1 Account Registration
Users creating an account become Iconnek customers. The first user is automatically designated as account administrator.
2.2 Your Registration Information
Users must provide accurate, complete, current information. Users are responsible for maintaining password confidentiality and bear full responsibility for all activities under their profile. Users must promptly notify Iconnek of unauthorized access.
2.3 User Verification
Iconnek reserves the right to request identity verification information and may request verification before restoring account access or providing account information.
2.4 Account Administrators
Administrators are authorized customer representatives. Administrator decisions and actions represent customer decisions. Admins may designate other account members as administrators with privileges including: controlling account use, subscribing to or upgrading services, managing user actions and permissions, managing access to customer data, and integrating third-party services.
"Customer Data" includes data, attachments, text, images, reports, personal information, or content uploaded, transmitted, or made available through the Service. Customer retains all rights, title, interest, and control over submitted Customer Data. Iconnek receives a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display Customer Data solely for: maintaining and providing the Service, preventing or addressing technical or security issues, investigating suspected Terms violations, complying with valid legal process, or as expressly authorized in writing.
4.1 Our Intellectual Property
The Service and Sites, including software, design, text, photos, illustrations, audio/video, artwork, logos, trademarks, underlying technology, and modifications are Iconnek property protected by copyright and intellectual property laws. Iconnek retains all rights, title, and interest.
4.2 Your Rights of Access and Use
Subject to compliance with these Terms and the Acceptable Use Policy, Iconnek grants a limited, worldwide, non-exclusive, non-transferable right to access and use the Service during the applicable subscription term solely for the customer's internal purposes.
4.3 Restrictions on Use
Users may not: sell, lease, sublicense, distribute, or transfer any portion to third parties; circumvent security features; reverse engineer or decompile the Service; copy or modify the Service; impose unreasonable loads on infrastructure; interfere with Service functioning; remove copyright or proprietary notices; use for competitive purposes; or assist others in doing so.
5.1 Security
Iconnek implements reasonable security measures and procedures to protect Customer Data.
5.2 Privacy Policy
Iconnek may collect, access, use, and share personal data about users. The Privacy Policy (incorporated by reference) describes these practices.
5.3 Anonymous Information
Iconnek may collect, use, publish, and disclose anonymous information (non-identifying, aggregated data) for providing, improving, and promoting products and services. Iconnek owns all anonymous information collected.
6.1 Independent Relationship
Iconnek acts as intermediary platform between customers and third-party services and does not endorse them. Customer relationships with third-party services are governed by separate agreements. Iconnek is not responsible for third-party service compliance.
6.2 Integration with a Third Party Service and Your Customer Data
Through the Service, users may enable integration with third-party services allowing data exchange, transmission, modification, or deletion, including Customer Data. Access, collection, transmission, processing, storage, or use of data by third-party services is governed by applicable third-party agreements. Users acknowledge sole responsibility for compliance with privacy laws and regulations.
6.3 Conditions of Use and Restrictions
Iconnek and third-party services may impose additional terms, limitations, or quotas on access and use.
6.4 Discontinuation of a Third Party Service
Iconnek and third-party services reserve the right to interrupt or suspend service availability for any reason without explanation or notice.
6.5 Links
Sites and Services may contain links to third-party websites not owned or controlled by Iconnek. Users are solely responsible for use of third-party websites. Iconnek assumes no responsibility for content, privacy policies, or practices of third-party sites.
6.6 Limitations of Liability
Iconnek disclaims any responsibility for third-party links or services, including operability, security, accuracy, reliability, data protection, and quality. Users acknowledge access to third-party services is at their sole risk.
7.1 Pricing Model
Pricing is based on monthly action quantity across all automation scenarios. Actions are counted per execution of each node.
7.2 Free Plan
A free plan offers limited use. Upon reaching usage limits, automation stops until next monthly renewal.
7.3 Use and Limitations
Users are responsible for monitoring consumption. Upon reaching limits: automation stops immediately, users can manually add usage, or wait for monthly quota reset.
7.4 Adding Usage
Users may manually add usage at any time by purchasing additional actions at current rates. Additional purchased actions are immediately usable.
7.5 Changes to the Terms
Iconnek reserves the right to modify terms at any time. Users will be notified of significant changes. Continued use after notification constitutes acceptance.
7.6 Termination
Users may terminate subscription at any time. Iconnek reserves the right to terminate or suspend access for Terms violations.
7.7 Order Form
Order Forms may be completed online, in-product, or offline via mail, email, or electronic delivery, listing service ordered, subscription plan, term, and fees.
7.8 Duration of the Subscription
Service is provided on subscription basis for the term specified in the Order Form according to the selected subscription plan.
7.9 Subscription Fees
Customers pay applicable fees based on selected subscription. Unless stated otherwise, fees are in CAD dollars. Customers authorize Iconnek to charge fees to selected payment methods on due dates. Subscription fees are non-cancellable and non-refundable except as expressly provided. Payment failures may result in payment retry, account suspension, or cancellation without notice.
7.10 Excessive Use
Iconnek has the right to offer alternative pricing or impose additional restrictions if customers misuse or excessively use the Service compared to standard intended use.
7.11 Billing
Customers agree to provide current, accurate, complete billing information and authorize Iconnek to charge designated payment methods or bank accounts.
7.12 Automatic Renewal
Subscriptions include automatic renewal by default at subscription term end for renewal periods equal to initial terms at the same price unless otherwise notified. Cancellation during a subscription period prevents renewal but provides no refund or credit for unused periods.
8.1 Refund Policy
Customers unsatisfied with initial subscription may terminate within 30 days of first order by written notice and receive a pro rata refund of unused, unexpired subscription fees in original currency, excluding exchange rate differences or third-party fees. Refunds apply only to initial subscription, not additional purchases, updates, or renewals. After 30 days, subscription fees are non-refundable. Iconnek may reject refund requests determined to be made in bad faith.
8.2 Chargeback
Filing refusals, chargebacks, or rejections of subscription fees constitutes payment obligation breach. Service use may be disabled or terminated and will not resume until customer re-subscribes and pays all applicable fees including chargeback-related fees.
9.1 Conditions
These Terms remain in full force from the Effective Date until service termination unless otherwise terminated per these Terms.
9.2 Termination for Cause
Either party may terminate the Service upon written notice if the other party commits material breach and, if remediable, fails to remedy within minimum 10 days after written notice, or ceases business operations or becomes subject to insolvency proceedings not dismissed within 45 days.
9.3 Termination by the Customer
Customers may terminate subscription by cancelling Service or deleting Account. Unless otherwise mutually agreed in writing, termination becomes effective at current subscription period end. No refund of prepaid fees is provided.
9.4 Suspension
Iconnek may temporarily suspend Accounts and/or Service if: believing the Service is used in a manner imposing security risk or causing harm; believing the Service is used in violation of these Terms or applicable law; customer payment obligations are overdue; or customers or users fail to comply with the Acceptable Use Policy.
10.1 Confidential Information
Each party may disclose non-public business, product, technology, and marketing information identified as confidential or reasonably considered confidential (Confidential Information). Customer Data is Customer Confidential Information. The Service, Sites, underlying technology, and provided data are Iconnek Confidential Information. Confidential Information excludes information that becomes publicly available, was previously known, is received from third parties without breach, or is independently developed.
10.2 Receiving Party's Confidentiality Commitments
Receiving Parties will take reasonable steps preventing unauthorized disclosure, limiting access to employees, affiliates, service providers, and agents bound by equivalent confidentiality obligations; and not disclose Confidential Information to third parties except in performance of these Terms or to legal or financial advisors under equivalent confidentiality obligations.
10.3 Mandatory Disclosure
Confidential Information may be disclosed pursuant to court, administrative agency, or governmental orders; provided the Receiving Party gives prompt written notice enabling the Disclosing Party to seek protective orders.
Except as expressly provided, the Sites and Service are provided "as is," "with all faults," and "as available," without warranty of any kind. Iconnek and affiliates disclaim all representations and warranties, including merchantability, functionality, title, fitness for particular purpose, and non-infringement.
Iconnek does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that data will not be lost; that defects will be corrected; or that the Service is free of viruses or harmful code.
Iconnek does not warrant that the Service is complete, accurate, reliable, suitable, or compatible with any activities, devices, operating systems, browsers, software, or tools; or that it complies with applicable law in your jurisdiction.
12.1 In no event will either party be liable for indirect, exemplary, special, consequential, incidental or punitive damages; lost profits, costs, or anticipated savings; loss or damage to data, use, business, reputation, revenue, or goodwill — whether in contract, tort, or under other liability theories, regardless of advance notice.
12.2 Except for indemnification obligations, payment obligations, or Acceptable Use Policy breaches, the total liability of either party, its affiliates, contractors, agents and vendors under these Terms shall not exceed the total amount of fees actually paid by you in the preceding 12 consecutive months.
13.1 Specific Laws
Iconnek makes no representations that Service use is appropriate in your jurisdiction. Customers are responsible for complying with all applicable local laws.
13.2 Reasonable Allocation of Risks
Customers acknowledge the warranty limitations and liability exclusions are commercially reasonable and appropriate given the undertaking.
13.3 Jurisdiction
Any dispute, controversy, disagreement, or difference arising from these Terms shall be submitted to competent courts of common law in the judicial district of Drummond, Quebec, Canada. This does not prevent parties from pursuing injunctions regarding intellectual property violations or confidentiality breaches.
The Service includes third-party code and libraries subject to open source license terms. Some open source terms may prevail over conflicting terms in these Terms. Iconnek endeavors to use open source code that does not impose obligations or affect Customer Data beyond open source terms in ordinary Service use. Iconnek makes no warranties regarding open source code.
Iconnek may change these Terms for valid reasons including adding features, technical adjustments, correcting errors, legal or regulatory compliance, or other necessary reasons. Material changes are communicated via prominent notice on the Service or email. Continued use after changes constitutes acceptance.
16.1 Translated Versions
These Terms were originally written in French and translated for convenience. If translated versions conflict with French versions, French provisions prevail.
16.2 Force Majeure
Neither party is liable for failure or delay in obligations due to events beyond reasonable control, including denial of service attacks, internet interruptions, public service failures, third-party hosting failures, strikes, shortages, riots, fires, natural disasters, war, terrorism, and governmental actions.
16.3 Relations between Parties
Parties are independent contractors. These Terms do not create partnerships, franchises, joint ventures, agencies, fiduciary, or employment relationships. No third-party beneficiaries exist.
16.4 Notification
Iconnek uses contact information on file for notices, provided via Service postings, text, app notifications, email, telephone, or mail. Electronic notices satisfy legal requirements and are deemed given upon receipt or 24 hours after delivery.
16.5 Assignments
Customers may not transfer or assign these Terms without written approval, except to successors through mergers, acquisitions, or asset sales (excluding competitor assignments) with prompt written notice. Iconnek may assign rights or obligations without consent or notice. Unauthorized assignments are null and void.
16.6 Severability
If any provision is found contrary to law, courts will modify it to best accomplish original objectives within legal limits, with remaining provisions continuing in full force.
16.7 No Waiver
Failure or delay in exercising rights does not constitute waiver. Waivers are effective only if made in writing and signed by authorized representatives.
