TERMS AND CONDITIONS

Welcome to icon.

TECH I.S. INC, having office address at Ikeda Bld 1st Floor, Minatomachi, Matsuyama Shi, Ehime Ken, 790-0012, Japan.(hereinafter also referred to as “Company”, “icon” “we”, “our” or “us”), operates the icon mobile application (“App”) as well as any other related services (collectively, the “Services“). These Terms and Conditions (“Terms”) govern the Services and use of the Services provided by icon.

By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.

If we believe that the modifications are material, we will notify you of the changes by posting a notice on our App, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

AGREEMENT TO TERMS

By accessing this App, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. The terms “users”, ‘user’, “your” or ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the App at any point in time.

PLEASE READ THIS AGREEMENT THOROUGHLY AND CAREFULLY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

ELIGIBILITY CONDITIONS

In order to use the App, You need to be eighteen (18) years of age or older. The App may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. icon shall not be liable in case of any false information is provided by the user including the user’s age and the user and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.

icon disclaims all liability arising out of such unauthorised use of the App and any third-party liability arising out of Your use of the App if You are a minor.

We encourage all users to report by “submitting a request” any instances or suspicions of minors using our App. We shall treat such reports with the utmost confidentiality and take appropriate actions to address the matter promptly and responsibly.

REGISTRATION, ACCOUNT, AND PASSWORD

Users are required to create an account by using an email, password, and social media accounts and providing the necessary details about the user in order to be eligible to use our Services. Users are responsible for the personal protection and security of any password or email you may use to access the App. You are responsible for all activity conducted on the App that can be linked or traced back to your email or password.

You are obligated to immediately report a lost or stolen password or email to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately.

We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.

SUBSCRIPTION TERMS

You will have the option to activate the automatic renewal of subscriptions. Once you activate this option the subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. If you do not cancel your subscription, we will automatically charge your payment method for the subscription fees.

You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you can anytime change or terminate the subscription.

By subscribing, you authorize the Company to charge your provided payment method now and again at the beginning of any Renewal Term. Upon the renewal of your subscription, if the Company does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.

You may cancel your subscription at any time by logging into your account and following the cancellation instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period.

Creators shall have the right to set the monthly subscription fees at their own discretion. Monthly subscription fees for the services listed by the creator on the App are subject to change without notice. icon shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Product and Service.

We reserve the right at any time to modify or discontinue the Service without notice at any time.

PAYMENT & TAXES

Users can make payments using credit/ debit cards and Stripe accounts. All prices are inclusive of all the applicable taxes.

REFUNDS

icon operates under a no-refund policy. Once a purchase is made for the products or services, it is considered final and non-refundable. We do not provide refunds for any reason, including but not limited to dissatisfaction with the product, or changes in circumstances.

In the event of any technical malfunction, system error, application crash, or any other issue that may adversely affect the usability or availability of our product or services, we are committed to rectifying the issue as soon as possible.

Reservation of rights

We reserve the right to cancel or refuse any purchase at our discretion, based on factors such as technical errors, or any other relevant considerations. Users will receive an order confirmation which will contain the details of the purchase.

PROHIBITED CONDUCT

icon will not be responsible for any damages resulting from the use of the App by anyone.

You will not use the App for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the App (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the App by other users, (c) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (d) not defame, harass, abuse, or disrupt other people, (e) not to do or attempt to do any act which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, trolling, propaganda or otherwise unlawful in any manner whatever.

MODIFICATION AND UPDATES

icon is committed to improving our App and providing a seamless user experience. To achieve this, we reserve the right to modify, add, or remove features and functionalities of the icon App, or to suspend or terminate all or part of the App, with or without prior notice to users.

As part of this commitment, we may also update the Terms or incorporate documents to reflect changes in the law, icon App, or any other aspect of the relationship between icon and users. We encourage users to regularly review the Terms to stay informed of any changes.

SECURITY OUR SERVICES

You agree to use this App only in accordance with these Terms. In the event that your unauthorised use of this App results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this App, you undertake the:

  1. Not to use our App in any way that causes or may cause damage to the App or impairment of the availability or accessibility of the App; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
  2. Not to use our App to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
  3. Not to conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our App without our express written consent;
  4. Not to knowingly or recklessly contravene, in the course of using this App, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
  5. Not to use this App to make unauthorised attempts to access or interfere with any of our systems or third-party networks;
  6. Not to use this App to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  7. Not to use this App for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this App for such purpose(s);
  8. to inform us immediately of any claim or action against you for any use of this App and, on request from us, to immediately cease the act complained of.

We reserve the right but have no obligation, to monitor the materials posted on the App. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the App and in Your private messages. Please be advised that such content posted does not reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from the use of content and/or appearance of the content on the App. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or intellectual property or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

PRIVACY AND USAGE OF COOKIES

icon will not intentionally disclose any personally identifying information about you to third parties, except where icon, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the App, you signify your acceptance of the Privacy policy. Refer to our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the App, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the App is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behaviour on the App. You agree to indemnify, defend and hold the Company including our affiliates, directors, officers, stockholders, employees, licensors, and agents harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of, or relating in any way to (a) your use of the Products; (b) your violation or alleged violation of any laws in connection with your use of the Products; (c) any fraud or misrepresentation by you; or (d) any violation or alleged violation of this Agreement by you, including any actual or alleged breach of your representations, warranties, or obligations.

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY, (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS OR (C) THAT ANY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICES, OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of Japan and the courts at Matsuyama, Japan shall have exclusive supervisory jurisdiction over all matters in connection with any lawsuit arising from or related to this Agreement.

The rights and duties created shall be interpreted and enforced in India according to the Laws of India.

NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

DISPUTE RESOLUTION

If a dispute arises between you and icon, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to our email ID in accordance with the above-mentioned clause.

Any dispute, controversy, claim or breach arising out of or in relation to this Agreement, including any questions, issues or disputes concerning its existence, validity or termination, shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitral tribunal shall consist of one (1) arbitrator appointed by icon. The arbitration shall be conducted in the English language at Bangalore, Karnataka, India. Depending on the consent of the parties, the arbitrator may decide to hold proceedings at any other location. Each party shall bear its own costs in relation to the arbitration proceedings, including legal fees, expenses, and any other costs incurred. Unless otherwise agreed, the parties shall be responsible for their respective costs and expenses associated with the arbitration process.

The parties involved in the arbitration process shall maintain strict confidentiality and shall not disclose any information related to the arbitration proceedings to any person, except on a need-to-know basis or to their legal advisors. Confidentiality shall be upheld unless disclosure is required by law.

REMOVAL OF DOUBTS

Notwithstanding anything stated in these Terms for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the Company may take a decision as it may deem fit. The decision of the Company shall be final.

MISCELLANEOUS

  1. Severability - The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision."
  2. Entire Agreement - The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
  3. Waiver - If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
  4. Amendments - Notwithstanding anything contained hereinbefore, icon may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
  5. Force Majeure - No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

TERM AND TERMINATION

The obligations and liabilities of the users incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

CONTACT US

After reviewing these terms and conditions, if you have any additional questions, concerning these terms and conditions, please contact us at:

HQ Address: Ikeda Bld 1st Floor, Minatomachi, Matsuyama Shi, Ehime Ken, 790-0012, Japan.
Contact email: support@icon-net.com