1. Acceptance of Terms
By accessing, browsing, registering for, subscribing to, integrating with, or otherwise using the platform, websites, booking pages, APIs, dashboards, software, templates, integrations, content, or related services (collectively, the "Services"), you agree to be bound by these Terms & Conditions, any applicable Privacy Policy, and any applicable order form, plan, or feature-specific terms. If you do not agree, you must not use the Services.
If you use the Services on behalf of a company, tenant, clinic, firm, salon, studio, organization, or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity.
2. Scope of the Services and Platform Role
The Services are software and platform services only. Except where ICSS expressly states otherwise in a signed writing, ICSS is not the provider of any booked, listed, promoted, or fulfilled third-party goods or services, is not the merchant of record for tenant offerings, is not a healthcare provider, legal services provider, employer, staffing agency, event organizer, financial institution, or insurer, and is not a party to any contract between a tenant and its end customer.
Where a tenant uses the Services to manage bookings, listings, deposits, scheduling, communications, or payments, that tenant is solely responsible for the accuracy, legality, pricing, fulfillment, taxes, licensing, disclosures, cancellations, refunds, safety, and quality of its own offerings and for all obligations owed to its customers, leads, and patients or clients.
3. Eligibility and Age Restrictions
You must be at least eighteen (18) years old, or the age of legal majority where you reside, to create an account, purchase a subscription, administer a tenant, or use the Services in a commercial capacity. If a booking or informational use by a minor is allowed through a tenant-facing flow, the minor must act through a parent or legal guardian, and the tenant remains responsible for compliance with applicable law for services involving minors.
You may not use the Services if doing so is prohibited by applicable law, sanctions restrictions, export controls, or binding regulatory orders.
4. Accounts, Credentials, and Administrative Control
You must provide accurate, current, and complete information and keep it updated. You are responsible for all activity occurring under your account, administrator profiles, staff profiles, API credentials, calendar links, payment profiles, browser sessions, feed tokens, and tenant accounts, whether or not authorized by you.
You must maintain the confidentiality of passwords, tokens, and access credentials and must promptly notify ICSS of any suspected unauthorized access, credential compromise, fraud, or misuse. ICSS may rely on instructions issued through authenticated accounts and administrative roles.
If you are a subscriber or tenant, you are responsible for designating authorized administrators and staff and for their conduct, settings, permissions, content, and downstream disclosures to end users.
5. Changes, Updates, Beta Features, and Availability
ICSS may add, remove, modify, reconfigure, suspend, or discontinue any part of the Services at any time, including features, templates, APIs, workflows, third-party connectors, integrations, or user interfaces, with or without notice, to the fullest extent permitted by law.
Features identified as alpha, beta, preview, pilot, experimental, early access, trial, no-charge, or similar ("Beta Features") are provided strictly "as is," may be incomplete, may not be supported, may be changed or withdrawn at any time, may be subject to additional restrictions, and may be unavailable or lose data. Beta Features are excluded from any service level commitment unless expressly provided in a signed agreement.
ICSS does not warrant uninterrupted availability, continuous uptime, continued interoperability with any third-party product, or that any feature will remain generally available.
6. Fees, Subscriptions, Trials, Taxes, and Payment Terms
Certain Services require payment of subscription fees, transaction-related fees, setup fees, or other charges. You agree to pay all applicable fees, taxes, levies, chargeback costs, currency-conversion costs, bank fees, gateway fees, and collection costs associated with your use of the Services.
Subscriptions renew automatically for successive billing periods unless canceled in accordance with the applicable cancellation flow or a signed order. Free trials, promotional periods, introductory pricing, or credits may convert automatically into paid subscriptions unless canceled before the conversion date.
Unless required by applicable law or expressly stated in a signed order, all fees are non-refundable, payments are non-cancelable for the paid term, and partial periods are not prorated or refunded. ICSS may change pricing on prospective notice for future billing periods.
You authorize ICSS and its payment processors to charge your selected payment method for recurring charges, overages, taxes, and fees due. Failure to pay may result in immediate suspension, downgrade, termination, collections activity, and preservation of records for enforcement.
Where tenants collect deposits, balance payments, or booking-related payments from end users through or in connection with the Services, the tenant remains solely responsible for underlying service delivery, refund eligibility, tax treatment, and lawful customer-facing disclosures.
7. Cancellations, Refunds, Deposits, and Chargebacks
Subscriber cancellation stops future renewals only and does not cancel charges already incurred for the current paid period unless required by law or expressly stated otherwise.
End-user booking cancellations, refund rights, rescheduling rights, no-show policies, deposit forfeiture rules, and service delivery terms are determined by the applicable tenant, not ICSS, unless ICSS expressly states otherwise in writing. ICSS may display or transmit tenant policies but is not responsible for enforcing or auditing them.
If you initiate a chargeback, reversal, or payment dispute without a valid legal basis, ICSS may recover related costs, freeze associated accounts, suspend Services, and use platform records in defense of the transaction.
8. Permitted Use and Prohibited Conduct
You may use the Services only for lawful internal business purposes and ordinary end-user interactions contemplated by the Services. You must not, and must not permit others to:
- access or use the Services in violation of law, regulation, sanctions, or another party's rights;
- probe, scan, penetrate, overload, scrape, spider, reverse engineer, decompile, disassemble, frame, mirror, or interfere with the Services except as expressly permitted by non-waivable law;
- upload malware, harmful code, exploit code, credential-harvesting tools, deceptive content, or unlawful or infringing material;
- misuse APIs, automate abusive traffic, bypass rate limits, or circumvent technical or contractual restrictions;
- impersonate any person or entity or misrepresent affiliations, authorizations, professional status, or regulatory approvals;
- use the Services to store or process data for unlawful surveillance, harassment, discrimination, fraud, spam, or other abusive conduct;
- use the Services in a way that could create liability for ICSS under consumer, privacy, intellectual property, sanctions, export, payments, cybercrime, or sector-specific laws; or
- use the Services in connection with highly regulated or safety-critical decisions unless separately authorized in writing and fully compliant with applicable law.
9. Privacy, Data Processing, Security, and Cross-Border Transfers
ICSS processes personal data as described in any applicable Privacy Policy, which is incorporated by reference where posted. To the extent of any conflict between these Terms and a privacy-specific policy on privacy-specific matters, the privacy-specific policy controls.
You instruct and authorize ICSS, its affiliates, subprocessors, infrastructure providers, payment processors, email providers, connectivity providers, analytics providers, support tools, and integration partners to process personal data reasonably necessary to provide, secure, maintain, improve, support, bill for, and enforce the Services, and to comply with law.
You acknowledge that data may be processed, hosted, backed up, routed, or accessed in multiple jurisdictions and transferred across borders. Where applicable law requires transfer mechanisms, data-processing addenda, or supplemental measures, the parties may execute or incorporate those materials separately.
If you are a tenant or subscriber, you represent and warrant that you have all rights, notices, lawful bases, authorizations, and consents necessary for ICSS to process personal data, send transactional communications, store audit logs, receive support requests, and operate requested integrations.
ICSS uses commercially reasonable technical and organizational measures, but no system is completely secure. You are responsible for security on your side of the connection, including device security, credential hygiene, administrator access, staff permissions, and lawful configuration of your own workflows.
ICSS may create and use aggregated, de-identified, or anonymized usage data for analytics, security, benchmarking, improvements, capacity planning, fraud detection, and product development, provided that such data does not identify you where prohibited by law.
No audit rights are granted unless expressly provided in a signed order or data-processing addendum. Any approved audit or security review will be limited in scope, frequency, timing, and method, will protect confidential information and system security, and may be conditioned on reimbursement of reasonable costs.
10. Monitoring, Logging, Fraud Controls, and Preservation of Evidence
ICSS may monitor use of the Services, maintain logs, preserve records, record events, correlate account activity, and review content, metadata, or traffic where reasonably necessary to operate the Services, prevent abuse, investigate misconduct, respond to incidents, protect legal rights, comply with law, or enforce these Terms.
Logs may include tenant IDs, user IDs, timestamps, IP addresses, user agents, action types, affected records, before and after values, payment status changes, impersonation or session metadata, webhook events, and other evidence relevant to service operation and dispute resolution.
You consent to such monitoring and logging to the fullest extent permitted by law. ICSS may preserve evidence after suspension or termination and may disclose records where reasonably required by law, court order, regulator request, fraud investigation, sanctions review, or rights-enforcement need.
11. User Content, Tenant Content, Licenses, Moderation, and Takedown
You retain ownership of content, data, branding, materials, service descriptions, uploads, listings, images, messages, notes, designs, templates you supply, and other materials you lawfully provide ("Your Content"), subject to the licenses granted below.
You grant ICSS a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, copy, store, transmit, display, format, adapt, process, back up, index, moderate, and otherwise use Your Content strictly as necessary to provide, secure, support, improve, and enforce the Services, and as otherwise permitted by applicable law.
You represent and warrant that: (a) you own or control all rights needed for Your Content and for the rights granted to ICSS; (b) Your Content and your use of the Services do not infringe, misappropriate, or violate any intellectual property, privacy, publicity, confidentiality, employment, or contractual rights; and (c) Your Content is lawful and not deceptive, defamatory, harmful, discriminatory, or malicious.
ICSS may, but is not obligated to, remove, disable, restrict, preserve, or review any content, account, tenant, or integration for legal, policy, fraud, safety, reputational, technical, or operational reasons.
Any person claiming infringement may send a notice to icreatesolutions.ja@gmail.com including identity and contact details, identification of the work or right allegedly infringed, identification of the challenged content or location, a statement of good-faith belief, a statement of accuracy and authority, and a signature or equivalent electronic affirmation. ICSS may forward the notice to the affected user. Counter-notices may be submitted with equivalent identifying and explanatory information. ICSS may disable content while reviewing notices and may terminate repeat infringers or abusive claimants.
12. Intellectual Property, Feedback, and Reservation of Rights
The Services, software, platform architecture, workflows, code, designs, interface elements, documentation, branding owned by ICSS, trade names, logos, databases, analytics outputs, audit models, know-how, derivatives, and all related intellectual property rights are and remain the exclusive property of ICSS and its licensors.
Except for the limited rights expressly granted in these Terms, no rights are transferred to you by implication, estoppel, exhaustion, or otherwise.
If you provide suggestions, ideas, enhancements, comments, bug reports, samples, or feedback, you grant ICSS a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable right to use, modify, exploit, disclose, and incorporate that feedback without restriction, attribution, compensation, or further approval.
13. Open-Source Components and License Compliance
The Services may include or interoperate with open-source software components governed by their own license terms. To the extent required by an applicable open-source license, that license controls only the relevant component. Nothing in these Terms limits your non-waivable rights under an applicable open-source license.
If you redistribute code, customizations, plugins, connectors, or integrations using third-party or open-source components, you are solely responsible for complying with applicable notice, attribution, source-availability, patent, and license obligations.
14. Third-Party Services, APIs, and Integrations
The Services may rely on, connect to, or interoperate with third-party services, payment gateways, hosting providers, email providers, analytics platforms, calendar providers, API endpoints, app stores, identity providers, telephony providers, and other external systems. Your use of those third-party services may be governed by separate terms, privacy notices, and fees.
ICSS does not control and is not responsible for third-party services, acts, omissions, outages, pricing changes, content, failures, suspensions, deprecations, API changes, delays, data-loss events, chargebacks, or security incidents outside ICSS's reasonable control. Interoperability may change or end at any time.
15. Tenant Responsibilities to End Users and Regulated Use
If you are a tenant, subscriber, or business user, you are solely responsible for all customer-facing notices, policies, and legal obligations connected with your underlying business, including consumer disclosures, sector-specific consents, healthcare or legal or professional disclaimers, appointment terms, refund policies, marketing claims, and privacy notices required for your own services.
You must not use the Services in a regulated context in a way that causes ICSS to become a controller, processor, service provider, contractor, covered entity, business associate, fiduciary, or regulated intermediary, except where expressly agreed in a signed addendum.
You remain solely responsible for verifying bookings, eligibility, identity, age, safety, and legal suitability of your customers and services.
16. Suspension, Restriction, and Termination
ICSS may suspend, restrict, disable, quarantine, remove, de-index, or terminate any account, tenant, content, integration, feature, booking flow, calendar feed, or access credential immediately and without liability if ICSS reasonably believes there is non-payment, fraud, legal risk, security risk, abuse, sanctions or export risk, infringement, harmful conduct, platform instability, misleading content, excessive support burden, or breach of these Terms.
Termination or suspension does not relieve you of accrued payment obligations, indemnity obligations, data-origin obligations, or liability for pre-termination conduct.
ICSS may delete or anonymize data after termination in accordance with its retention practices, legal obligations, backup cycles, fraud-prevention needs, and applicable privacy policies. You are responsible for exporting any data you require before termination, except where law requires otherwise.
17. Warranties Disclaimer
To the fullest extent permitted by law, the Services, Beta Features, documentation, outputs, templates, integrations, support, and all related components are provided "as is," "as available," and with all faults. ICSS disclaims all express, implied, statutory, and other warranties, including implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, availability, security, interoperability, and results.
ICSS does not warrant that the Services will meet your requirements, be uninterrupted, error-free, secure, accurate, timely, or free of harmful components, or that data loss will not occur.
No oral or written statement by ICSS or its personnel creates any warranty unless expressly set out in a signed agreement.
18. Indemnification
You will defend, indemnify, and hold harmless ICSS, its affiliates, officers, directors, staff, contractors, licensors, and agents from and against all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- your or your users' use of the Services;
- Your Content;
- your business offerings, bookings, service fulfillment, cancellations, refunds, marketing, taxes, injuries, or customer disputes;
- your breach of these Terms, any applicable law, or any third-party terms;
- alleged infringement, misappropriation, privacy violation, defamation, or publicity-rights violation caused by Your Content or your activities;
- your failure to obtain consents, lawful bases, notices, or permissions needed for data processing, messaging, recordings, cookies, tracking, or integrations;
- your or your users' security failures, credential compromise, unauthorized access caused by your systems or staff, or unsafe configuration; and
- sanctions, export-control, anti-fraud, or anti-money-laundering issues arising from your use of the Services.
ICSS may participate in the defense at its own expense and may control the defense where the claim could materially affect ICSS's rights or operations.
19. Limitation of Liability
To the fullest extent permitted by law, ICSS and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, or for any loss of profits, revenue, business, contracts, goodwill, reputation, savings, opportunity, data, or use, even if advised of the possibility of such damages.
To the fullest extent permitted by law, the aggregate liability of ICSS arising out of or relating to the Services, these Terms, or any related claim will not exceed the total amount paid by you to ICSS for the specific Services giving rise to the claim in the twelve (12) months preceding the event giving rise to liability; provided that if you used the relevant Services on a free, trial, or beta basis, ICSS's aggregate liability will not exceed the greater of US$100 or the equivalent of J$15,000. Liability arising from Beta Features alone is capped at the greater of US$50 or the equivalent of J$7,500.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
For clarity, any cap or exclusion in favor of ICSS does not limit your payment obligations, your indemnification obligations, your liability for misuse, infringement, fraud, confidentiality breaches, unlawful processing you initiated, or harms caused by your unauthorized or unlawful acts.
20. Force Majeure
ICSS is not liable for delay, failure, degradation, or unavailability caused by events beyond its reasonable control, including natural disasters, utility failures, telecom outages, internet failures, cyberattacks, labor actions, pandemics, civil unrest, war, sanctions, payment-network outages, cloud or API failures, or governmental action.
21. Export Controls, Sanctions, and Geographic Restrictions
You represent and warrant that you are not located in, organized under the laws of, ordinarily resident in, or acting for or on behalf of a person or entity subject to comprehensive sanctions, trade restrictions, or export prohibitions applicable to the Services, and that you will not use the Services in violation of export-control or sanctions laws.
You will not permit any sanctioned, restricted, or prohibited person to access or benefit from the Services. ICSS may screen, block, suspend, or terminate access, payments, accounts, or transactions to comply with sanctions, export controls, anti-fraud controls, or risk-management obligations.
22. Informal Resolution, Arbitration, Class Action Waiver, and Injunctive Relief
Before starting formal proceedings, the parties will first attempt to resolve any dispute informally by written notice to the other party, describing the dispute and requested relief, and allowing at least thirty (30) days for good-faith discussions.
Except to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to the Services or these Terms that is not resolved informally will be finally resolved by confidential arbitration seated in Kingston, Jamaica, before a single arbitrator, in the English language, under procedural rules selected by ICSS that are consistent with the Jamaica Arbitration Act or otherwise ordered by the arbitrator or a competent court.
Either party may seek temporary, preliminary, or permanent injunctive relief, asset preservation, evidence preservation, debt collection relief, platform-protection relief, or intellectual-property relief in any court of competent jurisdiction without waiving arbitration.
To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, representative, or mass action. The arbitrator may grant relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
If the class action waiver or mandatory arbitration requirement is found unenforceable for a particular claim or person, the unenforceable part will be severed and the rest of this Section will remain in effect to the fullest extent possible.
23. Governing Law and Jurisdiction
These Terms and any non-arbitrable dispute are governed by the laws of Jamaica, excluding conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
For court proceedings permitted under these Terms, you consent, subject to non-waivable law, to the exclusive jurisdiction of the courts of Kingston, Jamaica.
24. Notices and Electronic Communications
You consent to receive notices, disclosures, invoices, policy updates, security communications, and legal communications electronically, including by email, dashboard notice, or posting within the Services.
It is your responsibility to keep your notice addresses and administrative contacts current. Notices from you to ICSS must be sent to icreatesolutions.ja@gmail.com and are effective only when actually received.
25. Changes to the Terms
ICSS may modify these Terms at any time by posting updated Terms or otherwise communicating them to you. Unless otherwise stated, changes take effect when posted. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
If a change materially adversely affects you and you do not agree, your exclusive remedy is to stop using the Services and cancel any future renewals before the next billing cycle.
26. Assignment and Subcontracting
You may not assign, novate, transfer, delegate, or sublicense any rights or obligations under these Terms without ICSS's prior written consent. Any attempted transfer in violation of this Section is void.
ICSS may assign these Terms and may use affiliates, subprocessors, contractors, and service providers in performing the Services.
27. Entire Agreement, Severability, Waiver, and Interpretation
These Terms, any applicable Privacy Policy, any applicable order form, DPA, feature terms, or posted policy expressly incorporated here form the entire agreement between you and ICSS regarding the Services and supersede prior or contemporaneous discussions on that subject matter.
If any provision is held invalid, illegal, or unenforceable, the remainder will remain in effect, and the invalid portion will be interpreted to the minimum extent necessary to make it enforceable while preserving intent as closely as possible.
No waiver is effective unless in writing. Failure to enforce any provision is not a waiver. Headings are for convenience only. "Including" means "including without limitation."