Effective Date: October 25, 2025
1. Overview
These Terms of Service are an agreement between you and Ikonitize, Inc. (“Ikonitize,” “we,” “us,” or “our”). They govern your access to and use of the Ikonitize website at ikonitize.com, including all content, functionality, software, communication channels, and services offered on or through it (the “Platform”), and all products or services you purchase from us, including AI, automation, CRM tools, media assets, training, and done-with-you or done-for-you services (collectively, the “Services”).
By accessing or using the Platform or Services, including by clicking “I Agree” or by proceeding through manual onboarding, you accept and agree to these Terms. If you do not agree, do not use the Platform or Services. You must be at least 18 years old to use the Platform.
We may change these Terms at any time. Changes are effective when posted on the Platform. Your continued use after changes are posted constitutes acceptance.
Our Privacy Policy is incorporated by reference. If there is a conflict between these Terms and the Privacy Policy, these Terms control.
“Ikonitize Team” means Ikonitize, its owners, assigns, subsidiaries, affiliates, officers, directors, employees, contractors, agents, and all parties involved in creating, producing, or delivering the Platform or Services.
2. Services; Changes; No Reliance
a. Right to modify. We may add, change, or remove features of the Services at any time. Your purchases are not contingent on any future feature or continued availability of any third-party service or integration.
b. As is. Except as expressly stated in a signed order form, the Platform and Services are provided on an as is and as available basis.
c. Usage-based features. Features such as SMS, MMS, email, telephony, A2P messaging, AI processing, media rendering, data enrichment, and premium workflows may incur usage-based fees as described in Section 7.
d. AI usage and limitations. You are solely responsible for configuring prompts, approvals, and outputs for AI features. You must review and approve AI outputs before use. We are not responsible for errors, compliance violations, ad disapprovals, or penalties arising from your use of AI or your configuration choices.
e. Beta features. We may label certain features as beta or preview. Beta features are provided for evaluation, may change without notice, and may be withdrawn at any time. They are provided without warranty and at your risk.
3. Intellectual Property
The Platform, Services, designs, compilations, databases, software, and all related content and materials (“Platform Content”) are owned by Ikonitize or its licensors and protected by intellectual property laws. You receive a limited, revocable, non-exclusive, non-transferable license to access and use Platform Content only to receive the Services during your active subscription. No other rights are granted.
Ikonitize names, logos, and marks are trademarks of Ikonitize. Third-party marks are the property of their respective owners.
4. Limited License and Prohibited Uses
You, your employees, and your client end users (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms. You will not, and will not allow others to:
Violate any law or regulation, including TCPA, CAN-SPAM, DNC rules, privacy, advertising, or consumer protection laws.
Infringe any intellectual property, publicity, or privacy rights.
Access, query, or copy the Platform using robots, scrapers, spiders, or similar tools without our written permission.
Introduce malware or interfere with operation or security.
Attempt to gain unauthorized access to any systems or data.
Reverse engineer, decompile, or attempt to derive source code except where permitted by law.
Impersonate Ikonitize or misrepresent your affiliation.
Use the Platform to process prohibited content, including illegal content, harassment, hateful or extremist content, or content that violates ad platform rules.
5. Customer and End-User Responsibilities
You are responsible for your actions and those of your employees, contractors, agents, and Clients. You remain our customer of record, not your Clients. You represent and warrant that:
You own or control the rights in the materials, accounts, and data you provide.
You have provided all required notices and obtained all necessary permissions and consents from data subjects and recipients.
You will cooperate with lawful requests by law enforcement, regulators, carriers, and telecom providers.
6. Communications Features and Compliance
Ikonitize provides technology to enable communications that you initiate. You are exclusively responsible for the content, timing, recipient selection, records of consent, opt-out handling, and legal compliance of all communications sent through the Services, including SMS, MMS, email, voice calls, chat, and messages over social platforms.
Compliance. You must comply with all applicable laws and rules, including TCPA, CAN-SPAM, carrier and A2P rules, CTIA guidelines, DNC lists, and state analogs. You must maintain auditable records of prior express written consent where required.
No cold outreach. The Platform may not be used for cold texting, cold calling using autodialers or prerecorded voices, or unsolicited email.
You are the initiator. You, not Ikonitize, are the maker or initiator of any communication. Automated sends occur only at your direction.
A2P registration. You must provide accurate information for brand and campaign registration, including SSN for sole proprietors or EIN for entities, and pay associated fees.
Indemnity. You are solely liable for claims, fines, penalties, damages, or costs arising from your communications, including alleged violations of TCPA, CAN-SPAM, DNC, CTIA, carrier, privacy, or advertising rules.
7. Fees, Wallet, Billing, Taxes, Refunds, and Chargebacks
a. Fees. You agree to pay all subscription fees, add-on fees, usage fees, communications surcharges, taxes, and other charges associated with your account (collectively, “Fees”). We may change Fees upon notice via the Platform or email.
b. Wallet and billing. Usage-based fees are deducted from your Platform wallet or charged to your payment method on file. You must maintain a positive wallet balance. Insufficient balance may result in immediate suspension. Recovery of assets such as phone numbers is not guaranteed.
c. Non-payment. Non-payment, declined payments, or chargebacks may result in immediate suspension or termination. You remain liable for all accrued Fees and reasonable recovery costs, including collection and legal fees.
d. Taxes. You are responsible for all applicable taxes. We may charge and remit taxes as we deem appropriate. You will indemnify us for any taxes related to your activities and resales.
e. Payment disputes. You must notify us in writing at [email protected] within 60 days of a charge you wish to dispute and pay all undisputed amounts while we review. Our determinations regarding charges are final.
f. No refunds and administrative fee.
All Fees, usage charges, surcharges, wallet balances, and negative balances are non-refundable except where required by law or expressly stated in a written guarantee.
If any refund is issued for any reason, a non-refundable administrative fee of USD $500 will be withheld in all cases. This administrative fee is never refundable.
g. Chargebacks. If you initiate a chargeback, you agree to pay our chargeback processing costs, reasonable attorney fees, recovery fees, and the USD $500 administrative fee per disputed transaction. We may suspend or terminate your account during chargeback review.
h. Plans and cancellation. If your plan has a minimum term, you may cancel with written notice to [email protected] at least 30 days before the next billing date after completing the minimum term. No refunds are given for partial periods.
8. Money-Back Guarantee Program
Ikonitize does not generally offer refunds. If a specific offer or signed order form expressly includes a money-back guarantee, the following strict conditions apply. All must be met. Failure to meet any single condition voids the guarantee. The USD $500 administrative fee applies and is withheld from any approved refund.
Use all assets. You must use all Ikonitize-supplied videos and creative assets without alteration other than platform-required formatting.
Upload within 3 days. You must upload the assets to the ad platform within 3 calendar days of receiving them and confirm upload timestamps to Ikonitize.
Run a continuous 30-day like-for-like test. You must run a continuous 30-day test with identical conditions to your existing baseline campaigns, including objective, optimization event, placements, geographic targeting, audience definitions, device breakdowns, schedule windows, and daily budgets.
Maintain baseline campaigns. You must run your prior like-for-like baseline campaigns concurrently and unaltered for a valid comparison.
Provide full account access. You must provide Ikonitize with admin access to relevant ad accounts, pixels, conversions, analytics, and any linked accounts needed to verify setup, spend, and performance for the test period.
Spend minimum USD $16,000 combined. During the 30-day period you must spend at least USD $8,000 on the Ikonitize ads and at least USD $8,000 on your baseline ads for a combined minimum of USD $16,000. Underspend on either side voids the guarantee.
Follow our instructions. You must implement budgets, bids, audiences, exclusions, creative rotations, naming conventions, UTM tracking, and conversion goals as instructed by Ikonitize for the test.
No confounders. You must not change pricing, offers, landing pages, funnel steps, attribution windows, or CRM routing in ways that confound the comparison unless Ikonitize approves such changes in writing.
Data sharing. You must grant access to performance data including spend, impressions, CTR, CPC, CPM, CPA, ROAS, lead quality, and downstream sales metrics.
Proof and request window. Within 7 days after the 30-day test ends, you must submit a written refund request with supporting data to [email protected]. If the request is late or the data is incomplete, the guarantee is void.
Evaluation method. Ikonitize will evaluate the Ikonitize ads against your baseline on the primary key performance indicator specified in the order form or, if none is specified, on CPA or ROAS measured within the ad platform and reasonable downstream CRM metrics. Ikonitize may disregard results from any date ranges in which the required spend pacing was not maintained on both the Ikonitize ads and the baseline ads. If the Ikonitize ads meet or outperform the baseline within a reasonable margin given normal platform variance, no refund is due. If a refund is approved, Ikonitize will refund qualifying service fees less the USD $500 administrative fee. Media spend, third-party costs, platform fees, wallet funds, and usage charges are never refundable.
9. Resale and White Label
If your plan allows resale of access to Clients, you remain responsible for billing, collection, support, compliance, and disclosures to your Clients. You may not present yourself as Ikonitize or imply affiliation. We may suspend or terminate resale privileges at any time.
10. Excessive Data or Resource Usage
Excessive or abusive usage that degrades performance may result in throttling, suspension, or termination. Higher capacity plans are available upon request.
11. Training and Guidance
Any training, templates, or guidance are informational only and provided without warranties. You are responsible for outcomes, compliance, and results.
12. Storage and Deletion
Subject to our Privacy Policy, we have no responsibility for deletion or failure to store content or data. We may remove or terminate accounts that are unpaid, inactive for more than one year, or in violation of these Terms.
13. Registration and Credentials
You must provide accurate registration information and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account. Notify [email protected] of any unauthorized access.
14. User Contributions and Feedback
By posting or submitting content, data, comments, ideas, or feedback (“Contributions”), you grant Ikonitize a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Contributions for any lawful purpose, subject to our Privacy Policy.
15. Customer Data; Processor Role
You own your customer data. You grant Ikonitize the rights necessary to provide the Services, improve and secure the Services, analyze performance, and comply with law. For data you provide about your customers for campaign execution, Ikonitize acts as your processor and will process such data per your instructions and our data processing terms where applicable.
16. Third-Party Content and Links
The Platform may include content from third parties and links to external sites. We are not responsible for third-party content, accuracy, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
17. Recording and Monitoring Consent
You consent, and you represent that you have obtained consent from your employees and Clients, to our monitoring and recording of calls, chats, and interactions made through the Services for quality, compliance, and training.
18. Copyright
If you believe content on the Platform infringes your copyright, email [email protected] with sufficient detail to locate and assess the content.
19. Confidentiality
Information designated as confidential, or that a reasonable person would understand to be confidential, including non-public business, technical, and financial information, must be protected with at least reasonable care and used only to receive the Services. These obligations survive termination.
20. Publicity
Unless you notify us in writing to opt out, you grant Ikonitize the right to list your name and logo on our customer lists and marketing materials. We will promptly honor any written request to remove your name or logo.
21. Disclaimer
The Platform and Services are provided as is and as available without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant uninterrupted or error-free operation or that defects will be corrected. AI outputs may be inaccurate or unsuitable for your purposes and must be verified by you.
22. Limitation of Liability
To the maximum extent permitted by law:
Cap. Ikonitize’s total aggregate liability for all claims arising out of or related to the Services in any three-month period will not exceed fifty percent of the fees you paid to Ikonitize for the Services during that same three-month period.
No indirect damages. Ikonitize is not liable for indirect, incidental, special, consequential, exemplary, punitive, or lost profits damages.
Scope. These limits apply to contract, tort, negligence, strict liability, and any other theory, even if Ikonitize has been advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations. In that case, the limitations apply to the fullest extent permitted.
23. Indemnification
You will defend, indemnify, and hold harmless Ikonitize and the Ikonitize Team from and against all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable attorney fees, arising out of or related to your use of the Platform or Services, your communications or campaigns, your data or Contributions, or your breach of these Terms or applicable law.
We may assume control of the defense at our expense. You will not settle any matter without our prior written consent.
24. Time Limit to Bring Claims
Any claim arising out of or related to the Platform, Services, or these Terms must be filed within 90 days after the claim accrues. Otherwise, the claim is permanently barred.
25. Injunctive Relief
A breach or threatened breach of intellectual property, confidentiality, platform misuse, or security obligations may cause irreparable harm. Ikonitize may seek temporary, preliminary, or permanent injunctive relief without posting a bond.
26. Arbitration; Class Action and Jury Trial Waiver
a. Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services will be resolved by binding individual arbitration administered by JAMS under its then-current rules. The seat is Washington State. The language is English. The arbitrator may award any relief available in court subject to these Terms.
b. Class waiver. You and Ikonitize agree to bring disputes only in your or our individual capacity. No class, collective, consolidated, private attorney general, or representative actions are permitted.
c. Jury trial waiver. If a claim proceeds in court, you and Ikonitize each waive the right to a jury trial.
d. Injunctive relief exception. Either party may seek injunctive relief in court to protect intellectual property or confidential information.
27. Export, Sanctions, and Anti-Corruption
You represent that you are not located in or a resident of any embargoed country and are not a denied or restricted party. You will comply with export, sanctions, and anti-corruption laws.
28. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including outages, cyberattacks, carrier failures, acts of God, labor disputes, or governmental actions.
29. Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
30. Survival
The following survive termination: fees and payment obligations, no refunds and administrative fee, chargebacks, confidentiality, IP, publicity, disclaimer, limitation of liability, indemnification, time limit to bring claims, injunctive relief, arbitration, export and sanctions, force majeure, assignment, survival, and any accrued rights or obligations.
31. Entire Agreement; Order of Precedence
These Terms and the Privacy Policy are the entire agreement between you and Ikonitize regarding the Platform and Services. If you have a signed order form or master services agreement with Ikonitize, that document controls in the event of a conflict.
32. Notices; Contact
Notices to Ikonitize must be sent to [email protected]. We may provide notices to you by posting on the Platform or emailing the address associated with your account.
Ikonitize
Email: [email protected]
Website: ikonitize.com