Terms and Conditions of Service

1. Introduction

1.1. By virtue of the Customer registering for the Services on the relevant Company website, IKOL INC. has established an Agreement with the Customer, and that Agreement, along with the Privacy Policy, is effective as of the date of the Customer's registration for the Services (the “Effective Date"). The Customer acknowledges having read, comprehended, and accepted the Agreement.

1.2. Each party affirms that it has the authority to enter into the Agreement and that it has done so lawfully. The Agreement has been properly executed and delivered, and each party guarantees to the other that it is a legal and binding contract that can be enforced against the other party in line with its terms. Each party affirms that the execution, delivery, or performance of the Agreement by either Party does not require the consent or authorization of any third party. Each party guarantees that the terms and conditions of any other agreements to which it is a party or by which it is otherwise bound, as well as any relevant law or regulation, will not be and won't be violated by the execution, delivery, and performance of the Agreement.

1.3. Any prior written or oral agreements or other provisions between the Parties with respect to the subject matter hereof are superseded by the Agreement, which is comprised of the Terms and Conditions of IKOL INC. and the Privacy Policy of IKOL INC., and the Customer hereby agrees to such execution of this Agreement.

1.4. The contents of the Agreement take precedent over any Addendums thereto in the case of any controversy.

1.5. These Terms and Conditions, as well as Privacy Policy, need to be accepted by the Customer in order for the Company to provide Services, as they constitute and govern the contractual relationship between the Customer and the Company. IKOL INC. provides the following Services: website hosting, AI assistant, e-commerce solutions, online chat, booking and scheduling platform, team management and dispatch, service support via business.ikol.com Internet website or via mobile applications. The scope of services provided may change as the Services are developed. If the changes adversely affect the core provisions of the Agreement, notice of such changes will be provided to the Customer no sooner than 30 days before they are implemented. Not rejecting the changes by the Customer within 7 days of such notice is treated as acceptance. Rejecting such changes effectively blocks the Customer from using the Services.

1.6. Customer accepts that in order for Services to be provided, the Customer needs to have fully functional Internet access on any of the devices the Services are used.

1.7. Parties to the Agreement are bound by the following provisions.

2. Definitions

“Company" is IKOL INC. Company principal office is located at 265 Franklin St, Suite 1702, Boston, Massachusetts, 02110, United States of America.

“Customer" is an entity or person using Services provided by the Company under the Agreement.

“Team member" is a user in the Service supervised by the Customer, who uses services on behalf of the Customer.

“End-User" is any person or entity interacting with Customer while Customer uses Services, including those visiting and browsing Public Content.

“Services" are the services provided by the Company to the Customer under the Agreement.

“Account," is an account created by the Customer using Services.

“AI Output” is any data, content, or information generated or produced by artificial intelligence systems or algorithms while delivering Services to the Customer under the Agreement.

“Confidential Information" is all information provided by the giving party to the receiving party and which is known, marked or stated or otherwise highlighted to be confidential

“Public Content" is any publicly available website, plugin, embedded or shared content or other type of information, be it text, image, video or audio which is published by the Customer through means provided to the Customer as a part of Services.

“Personal Data" as defined by the Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC processed by IKOL INC. (or a Sub-Processor) on behalf of the Customer pursuant to, or in connection with, the Agreement.

“Sub-Processor" is any entity in which software, goods, or services are used by the Company in order to run its operations and to provide Services.

“Third Party Service Provider" is any third party processing, using or collecting Personal Information for IKOL INC. Those third parties include, but are not limited, to: advisers, consultants, contractors, licensees who provide services to the Company.

3. Services and Access

3.1. IKOL INC. gives the Customer access to Services which are available on business.ikol.com website and selected mobile application or applications listed on said website for the term specified in the Agreement. Any new provisions for new or modified Services which will be made available on business.ikol.com or mobile apps are subject to provisions of the Terms and Conditions accepted by the Customer. IKOL INC. reserves the right to freely modify the subject matter, scope, nature, methods of usage of the Services. IKOL INC. also reserves the right to cease providing the Services.

3.2. IKOL INC. Services are intended solely for business use and must be used only in accordance with their contractual intended purpose and the Agreement. IKOL INC. Services are available solely by logging in via the Internet. The Customer creates its own login data or is provided by the Company with its login data required for the identification and authentication of named Team Members (if required). Any transfer of login data to third parties by the Customer is not allowed and is required to protect all login data. Login data can be used only be one person at the same time.

3.3. The Customer and Team Members must be over 18 years old to open an Account or use Services Company does not knowingly provide Services to any person under the age of 18.

3.4. The Customer agrees to use the Services lawfully and in accordance with the Agreement and only for the Customer’s purpose.

3.5. The Customer is fully responsible for any and all Public Content and other contents added while using Services. Especially, the Customer is fully responsible for all content created and published on the Customer’s Service Webpage. The Customer is the sole party responsible for all Public Content. IKOL INC. reserves the right to use the Public Content and Input if the Customer or Team member conducts any illegal activity.

3.6. When interacting with the Services, Team members and End-Users must act in accordance with the Agreement. All Team members' acts and all other activities that take place under the Customer's Account are completely the Customer's responsibility. Without limiting the foregoing, it is solely the responsibility of the Customer to ensure that the use of the Services to store and transmit Service Data complies with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other commitments the Customer may maintain or enter into with Team members or End-Users.

3.7. The Customer consents to Company initiating a payment or a series of payments directly or via a Third Party Service Provider on Customer’s behalf whenever using Services which involve online payments for the entire duration of the Agreement. The Customer consents to Company charging a commission fee at a rate specified in a price list provided on the Company websites.

3.8. The customer has no objections in regard to the technical requirements because they are understood and are familiar to them. The customer is aware of the dangers and risks associated with sending electronic data.

3.9. For administrative, technological, and security reasons, the Company retains the right to access Customer accounts. Unless the customer or the law requires it, the information received in this way will not be processed or made available to third parties.

3.10. The customer guarantees that they shall not use the service in any way that would go against the law.

3.11. The Agreement will be terminated if any of the following are broken: the Agreement, any applicable laws, or generally accepted standards and guidelines.

3.12. The Customer agrees to promptly update its Account information, including payment information. The Customer is responsible for supplying accurate and up-to-date Account information (for example, a change in the Customer billing address or credit card expiration date).

4. Payments

4.1. All payments shall be non-cash transactions, conducted electronically by external professional entities. The Customer acknowledges and agrees that the Company shall send invoices and payment reminders exclusively by electronic means.

4.2. Lack of payment means resignation from the provided Services.

4.3. The receipts for all payments will be provided electronically.

4.4. The Customer is responsible for providing complete and accurate billing and contact information to the Company and notifying the Company of any changes to such information.

4.5. Company has the right to modify the compensation at any time and without prior notice, including when the Services are under development.

4.6. Any sales, use, or excise taxes that local, state, or federal governments levy on sums due from the customer are Customer’s responsibility.

4.7. No matter the billing cycle, if the customer chooses to close or downgrade the Account before the end of the subscription period, the company will not issue a refund or credit for any unused time of the Services or a plan upgrade.

4.8. The Customer receives a trial account upon signing up. The provisions the Agreement must be followed when using the trial services.

4.9. The Company does not represent or warrant to the Customer that usage of the free Trial Services will satisfy Customer's needs or that use of the free Trial Services will be uninterrupted. The free Trial Services are given without any warranty stated in the Agreement.

4.10. The Customer understands that as a result of or in connection with the free Trial Services, the Company is under no obligation to pay the Customer or any third party any compensation. The Company shall specifically have no indemnification obligations and shall have no liability of any kind with respect to the free Trial Services unless such exclusion of liability is upheld by applicable law, in which case the Company's liability with respect to the free Trial Services shall not exceed $500.

4.11. In accordance with the terms of the Agreement, the Customer is entirely responsible for any damages resulting from the use of the free Trial Services by the Customer.

4.12. The Agreement is concluded for the duration that the Customer specifies. Unless the Customer closes its account or either Party terminates the Agreement, the subscription period will automatically renew for future periods equivalent to the expiring subscription duration.

4.13. The Customer may cancel its account and may do so whenever the Customer chooses. If Customer closes the Account, the Services will no longer be accessible using login information and password.

4.14. Within 30 days of receiving a written request from the customer, the Company shall erase its Personal Data.

4.15. The Company is not required to issue a refund if the Customer closes the Account before the end of the Subscription Period for which a payment has been made.

4.16. Domain Name Auto-Renewal

4.16.1. Upon purchasing a domain name through Company Services, domain registration will be preset to automatically renew each year so long as the Customer's Account remains active.

4.16.2. The Customer acknowledges that it is their sole responsibility to deactivate the auto-renewal function if they wish not to renew the domain registration automatically.

4.16.3. The Company shall charge the applicable renewal fee to the payment method on record unless the Customer deactivates the auto-renewal feature before the renewal date.

4.17. In the event of a breach of the Agreement's terms or the illegal use of Services, the Company may immediately close the Customer's account and terminate the Agreement without giving the Customer prior notice. The Company is not responsible for any losses incurred by the Customer, Team Members, End-Users, or any other third party as a result of the suspension or termination of the Account by the Customer, the Company, or for any other reason, including but not limited to reasons resulting from the Customer, its Team members, or End-Users' improper use of the provided Services.

5. Intellectual Property

5.1. "IKOL" is a registered trademark, and is protected both domestically and internationally.

5.2. The company asserts that it owns the rights to all signs, symbols, and trademarks used by the company in the course of conducting business, including intangible assets such as a graphic project of the offered services and software, a website layout, and computer software.

5.3. Websites owned by the company, as well as all data, information, material, graphics, goods (including any software), website addresses, designs, and services made available to End-Users, Team Members, and Customers through those websites, are the sole property of IKOL INC. and are therefore protected by applicable law.

5.4. To the fullest extent permitted by law, Company platforms and all software, information, content, materials, products, website addresses, and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided "as is" and "as available," without any warranties of any kind. The Company expressly disclaims all warranties, express or implied, to the fullest extent permitted by applicable law. The Customer understands that the Company disclaims any warranty, express or implied, as to the continuity, timeliness, security, error-free operation, lack of viruses or other harmful software, or reliability of the Services. The Customer also agrees that no information or advice obtained by using the Services or from the Company shall create any warranty not expressly stated in the Agreement.

5.5. Any recommendation, correction, or other feedback relating to Services made by the Customer, Team members, or End-Users is made available by the Customer to the Company as a worldwide, perpetual, irrevocable, free license to utilize and incorporate into Services.

5.6. Exclusively belonging to IKOL INC. and its affiliates are all rights, titles, and interests in and to the Services as well as all hardware, software, and other elements of or used to deliver the Services. This includes all associated intellectual property rights.

5.7. In the event that the Company is accused of violating any patent, copyright, trademark, trade secret, or other intellectual property, the Customer agrees to indemnify, defend, and hold the Company harmless from and against any penalties, damages, fines or other related expenses (including reasonable legal fees) asserted against or incurred by the Company.

5.8. Any and all data that the Customer enters or creates while using the Service during the period of the Agreement is considered Customer data.

5.9. Any prohibited commercial or noncommercial use of the supplied Services requires the Company's prior written consent. This permission is necessary, in particular, when sharing and making public certain aspects (such as images, videos, or texts) in other Internet services or websites, printed materials, books, multimedia presentations, or other electronic media, as well as when discarding or using its work.

5.10. Without explicit permission of the Company, it is forbidden for the Customer or any other business or person to lend, sell, or grant additional licenses and sublicenses to the Services. Such actions are not regarded as appropriate uses of the Services.

5.11. The Customer is not permitted to alter the Services' intended usage or purpose.

6. Acceptable Use Policy

6.1. The Customer acknowledges that the Company disclaims all duty and obligation for any data, Public Content, or other information entered by the Customer. The customer specifically cannot:

6.1.1. use the Services in an unlawful manner,

6.1.2. distort or hide the origin of any data, content, or other information; this includes impersonation or accessing the Services via another Customer’s account without its consent;

6.1.3. sell, rent, or otherwise make the Services accessible to any third party;

6.1.4. modify or copy the Services in whole or in part and/or create derivative work with it,

6.1.5. attempt to obtain unauthorized access to the Services (or any part thereof), or associated systems, networks, or data; Interfere with the proper operation of the Services, including through reverse engineering or hacking;

6.1.6. send or publish material or data that violates others' copyrights or other intellectual property rights,

6.1.7. use the Services in a way contradictory to the Agreement and causing a harm to IKOL INC. eg. by spamming or impairing Company’s ability to provide service in any other way,

6.1.8. endanger the Service usefulness, security, and privacy by sending information or content that could be contaminated with viruses or other dangerous software,

6.1.9. breach any obligation to, or right of, another person, including their right to privacy or their right to publicity, or act in a way that could lead to consumer fraud, product liability, contract breach, injury, or any other harm to another person,

6.1.10. use the Services in any way that compromises or adversely affects their performance or integrity,

6.1.11. copy, edit, sell, sublicense, license, lease, rent any image, video or audio files provided by the Company; the use of aforementioned files in a way other than intended by the Customer is also forbidden,

6.1.12. allow or encourage someone else to carry out any of the aforementioned offenses.

6.2. Customer's instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations as a condition of using the Services. The Customer is solely responsible for the truthfulness and legality, as well as method of acquisition of the Personal Data.

6.3. The Customer provides notice to its End-Users about transfer of their Personal Data to the Company and its Third Party Service Providers.

6.4. As required by relevant law, the Customer shall notify its clients (End-Users) and Team members of the processing and transfer of their Personal Data to the Company and its Third Party Service Providers, as well as acquire their consent (if necessary). Everyone who uses the Services, including Team members, End-Users, and staff, is under the Customer's responsibility. Any limits or limitations outlined in the Agreement must be followed by the Customer. Only legal usage of the Services by the Customer is permitted.

6.5. The Customer owns all and any information, data, text, software, imagery, video, messages, and other materials supplied through the use of the Service (“Data"). The Customer shall bear all responsibility for Data collected, transmitted, and created by the Services. The Company is not responsible for the way the Customer uses the Services and Data.

6.6. The Customer acknowledges and accepts that the Company will use Sub-Processors to Process Personal Data, including but not limited to any Personal Data contained in Service Data, in accordance with the Agreement in the European Economic Area, the United States, and in other nations and territories when providing the Services. Any third-party service providers that the Company uses shall be subject to confidentiality obligations that are commercially reasonable and substantially compatible with the Company standards and will only be provided access to the Customer Account as is reasonably necessary to offer the Services.

6.7. The Customer is in duty of acquiring and maintaining the network connections that link Customer network to the Services, including browser software that supports the Company's protocol standards and adhering to the Company's access-procedure policies. Company is not liable for any compromise of data, including Service Data, transmitted over computer networks or telecommunications facilities (eg. Internet), which are not under the control of the Company, or for notifying Customers, Team members, or End-Users of any changes to any such software.

6.8. The Customer is responsible for guarding against unauthorized access to the Service and for requiring its Team Members and End-Users to do the same.

7. Guarantee and Liability

7.1. To ensure accessibility and continuity of the Services delivered in accordance with their usage and purpose, the Company assures the highest level of quality in all aspects of its operations.

7.2. The supplied Services' compatibility with the software from other producers is not guaranteed by the Company.

7.3. The Customer is responsible for results of using other software, as it may affect the functioning of Services and Customer's goals.

7.4. The Customer is aware that it is impossible to guarantee the complete security and availability of Services due to the difficulty of long-distance data transmission.

7.5. Company will not be held responsible in particular for:

7.5.1. Public Content added by the Customer and End-Users in connection with the use of offered Services,

7.5.2. accuracy, completeness, or reliability of AI Output generated through the Services,

7.5.3. decisions or actions taken by the Customer or End-Users based on AI Output, including any potential legal, medical, or financial consequences,

7.5.4. any third-party claims or liabilities arising from the misuse or misinterpretation of AI Output provided by the Services.

7.5.5. content, tone, or implications of AI Output that may be incomplete, incorrect, or offensive, and does not reflect the Company's views or endorsements, nor imply any affiliation or endorsement by any third party mentioned within the Output.

7.5.6. usage of Services which is unlawful and inconsistent with the Agreement,

7.5.7. outages or disruption of access of Services not caused by IKOL INC.,

7.5.8. damages on the part of the Customer, End-User, or any other person or entity which was caused by closing of the account by the Customer, suspending of the account or for other reasons which are Customer’s or third party fault,

7.5.9. damage suffered by the Customer, End-Users, or any other individual or organization as a result of the Customer's third party's use of Services that permit or restrict the Customer's or End-Users' access to Services;

7.5.10. damages brought on by the Customer or the inability to utilize the services, incidental and consequential damages, including actual damage suffered, lost profits or benefits, data loss, costs for new hardware and software, shut-down, or harm to the business's reputation;

7.5.11. all negative consequences being the result of force majeure.

7.6. The Customer is aware that restrictions or impairments of the Service may arise which are beyond the control of the Company, such as:

7.6.1. actions of third parties who do not act on behalf of the Company,

7.6.2. force majeure (Internet outages, fires, strikes, accidents),

7.6.3 Customer’s hardware, software or other technical malfunction.

7.7. Any delay in the performance of Services caused by abovementioned situations does not constitute a breach of the Agreement.

7.8. With the exception of situations where the damages are the consequence of an action or omission for which the Company is not responsible, the Company shall be liable for any direct damages caused to the Customer as a result of the non-compliance with its responsibilities under the Agreement. However, the total sum of liability of the Company cannot exceed the total amount paid by the Customer in the twelve months prior to the first event out of which the liability arose. The Customer acknowledges that the Company will not be responsible to the Customer for any direct or indirect damages resulting from the use of, or inability to use, the Services, as well as from any statements or other actions made by third parties on or in connection with the Services, or from any other situation involving the Services.

8. Final Provisions

8.1. The Company may modify the Agreement at any time and without prior notice. The modifications to the Agreement shall be regarded accepted so long as the Customer uses the Services.

8.2. If any provision of the Agreement is invalid or illegal, such invalidity or illegality does not render any other provision of the Agreement invalid.

8.3. Processing of the Customer's personal data will be necessary to carry out the contractual duties of the Services. The Company is committed to ensuring data privacy and encouraging adherence to regulations put forth by bodies like the European Union.

8.4. The Customer must adhere to data protection laws and regulations in order to provide the Company permission to use personal data for the purposes outlined in the Agreement. The DPA is hereby included into the terms of the Agreement by reference, and is subject to the Customer's acceptance.

8.5. Data protection violation should be reported to the Company via means available on the website.

8.6. Company will never sell Customer service data to any third party without Customer’s consent.

8.7. During the Agreement, the Company collects personal data from the Customer, Team Members, and the Customer's End-Users. The Company will collect, process, and utilize this data in accordance with the Privacy Policy.

8.8. The Agreement is governed by laws of Massachusetts, United States of America.