Terms of Service

Agreement and eligibility

These Terms are an agreement between Iconic Agentic, Inc. (“Iconic,” “we,” “us” or “our”) and you. They cover our website, app and services, including the sites and apps you build through Iconic (together, the “Service”). By accepting these Terms or using the Service, you agree to them.

You must be at least 18, or the age of majority where you live if higher. If you act for a company or other organization, you must have authority to bind it, and “you” includes that organization. Do not use the Service if you do not agree to these Terms.

Our Privacy Policy explains how we handle personal information. A Data Processing Addendum (DPA) is available on request at legal@withiconic.ai for information we process on your behalf. Privacy requests go to privacy@withiconic.ai.

Accounts and teams

Your account belongs to you as a person. Give us accurate information, keep it current and protect your sign-in credentials. You are responsible for activity you authorize through your account. Tell us promptly at legal@withiconic.ai if you suspect unauthorized access.

Plans, money, balances and projects belong to teams, also called workspaces. Each team has its own plan. Its owner is responsible for that plan, billing, membership and the permissions given to members and connected tools. Members must follow these Terms. Your access to a team’s projects depends on your role and may end if the team removes you.

The Service

Iconic lets you create, host and manage websites and apps, including through an AI assistant you connect. Available features may include forms, visitor analytics, email, site sign-ins, AI features and selling through Iconic Pay. Features and limits depend on your team’s plan.

Subject to these Terms, you may use the Service for your own or your organization’s projects and customer-facing sites. We may improve or change features over time. We will give reasonable advance notice of a material reduction to a paid service when practical, except when security, abuse prevention or legal obligations require faster action. Any mandatory rights or written service commitments still apply.

Plans, trials, billing, AI balance and cancellation

Plans and billing

Our plans are Free, Pro and Enterprise. Plan details, limits and platform fees appear on the informational pricing page. Plan selection and billing are managed at the team level.

Paid subscriptions renew on the billing schedule shown in the app until canceled. You authorize charges for the team’s selected plan and any usage or fees disclosed and authorized in the app. Keep billing information accurate. You are responsible for applicable taxes, other than taxes on Iconic’s income.

We will give advance notice of price or fee changes before they apply. Changes will not retroactively change charges already incurred. Your mandatory cancellation and refund rights remain available.

Trials

We may offer free trials of paid plans. The app shows the trial’s length, terms and what happens when it ends.

Prepaid AI balance

Prepaid AI balance belongs to the team and is applied to its AI usage. It is non-refundable except where law requires, and expires 12 months after purchase.

Cancellation and refunds

You can cancel from your plan settings in the app. What happens on cancellation and any refund is shown there at the time. Fees are non-refundable except as shown in the app or required by law.

Your content and AI output

“Your Content” means the material you submit, import, store or create through the Service, including code, text, images, files, prompts and outputs made for you.

You retain ownership of Your Content. As between you and Iconic, you own the AI output made for you, to the extent ownership rights exist. We assign to you any rights we have in that output. Third-party rights and licenses still apply. AI output may not be unique, and other people may receive similar output.

You grant us a worldwide, nonexclusive, royalty-free license to host, copy, run, process, back up and display Your Content as needed to provide the Service. This includes making technical changes needed to operate your sites and sharing content with service providers or tools you authorize. Public display follows your publishing and sharing choices. The license continues after deletion only as needed for the retention described in our Privacy Policy or as required by law.

You also grant the rights needed to use Your Content to improve our service as described below, subject to its opt-out, exclusions and our data protection obligations.

You must have the rights and permissions needed for Your Content and these uses. You are responsible for its legality and for respecting other people’s intellectual property, privacy and other rights.

Iconic and its licensors own the platform, software, branding and other Service materials apart from Your Content. These Terms give you a right to use the Service, not ownership of it.

If you send suggestions or feedback, you grant us a perpetual, worldwide, nonexclusive, royalty-free license to use, modify and incorporate that feedback into the Service without compensation or attribution.

AI features

AI can make mistakes, generate insecure code or produce material that is inaccurate, incomplete or similar to someone else’s work. Review and test output before publishing, deploying or relying on it. You are responsible for the actions you authorize AI agents to take and the resulting sites and content. We do not warrant that AI output is accurate, unique or free of third-party claims.

Improving our service

For customers on plans other than Enterprise, including Free and Pro, Iconic may use customer content and usage data to improve our service unless the customer opts out.

Unless you opt out, we may use your content and usage data to train and improve models. Enterprise customers and private database data are never used.

Anyone can opt out at any time, on any plan and at no cost, by emailing privacy@withiconic.ai. Opt-out is prospective. It does not remove content already used or undo improvements already made.

We never use Enterprise customers’ content or usage data to improve our service. We never use private database data, meaning the data stored in your own app’s databases, to improve our service, on any plan. We also exclude customers whose written agreement with us prohibits this use. No opt-out is needed for those exclusions.

This permission does not override our obligations for data we process on your instructions or an applicable DPA. Opting out does not prevent processing needed to provide an AI feature you use. For people in the EEA and UK, our legal basis for this use is our legitimate interest in improving our service, with the opt-out serving as a right to object. Nothing here limits privacy rights that cannot be waived by law.

Your sites, visitors and emails

You control and are responsible for your sites, their content and how they are used. You are the controller for personal information about your visitors, form respondents, contacts, email recipients, buyers and site users. We process that information on your instructions, subject to our agreements and applicable law.

You must:

• Publish an accurate privacy notice for your sites and explain the information collected and the services used.
• Obtain any consent required for cookies, email marketing, tracking and other processing.
• Follow privacy, consumer protection and anti-spam laws, including CAN-SPAM and any consent and unsubscribe requirements that apply.
• Honor privacy requests and unsubscribe choices, and maintain a lawful basis for your contact lists.
• Keep sensitive information out of public pages, ordinary prompts and forms that are not appropriate for it. Use designated payment forms for payment and seller verification details.
• Secure your sites and manage access for your members and connected tools.

Open and click tracking is on by default for email you send through Iconic. You can turn it off. You are responsible for telling recipients about tracking and obtaining any consent required by their law. Built-in visitor analytics does not use cookies or store IP addresses, but your site may use browser storage and other features that require disclosures or consent.

Your site’s visitors and any obligations concerning children are your responsibility. Iconic’s advertising technologies are used on Iconic’s own website, not automatically on your sites.

Iconic Pay: selling on your sites

You are the seller

For every sale through your site, you are the seller and merchant of record. You are responsible for products and services, pricing, accurate descriptions, lawful sales, taxes, fulfillment, delivery, refunds, disputes, chargebacks and customer support. You must provide buyers with clear terms and contact information and honor their legal rights. Iconic provides the platform and does not become the seller of your products.

You determine, collect, report and remit applicable taxes. Free-plan limits on selling are shown on the pricing page.

Stripe’s agreement

Payment processing services for sellers on Iconic are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a seller on Iconic, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Iconic enabling payment processing services through Stripe, you agree to provide Iconic accurate and complete information about you and your business, and you authorize Iconic to share it and transaction information related to your use of the payment processing services provided by Stripe.

Stripe processes personal information as described in Stripe’s Privacy Policy. Information about its acquiring financial institutions and their contact details appears in Stripe’s Acquirer Disclosure.

Fees, payouts and losses

You pay Stripe’s processing fees. Iconic charges the platform fee shown on the pricing page. We will give advance notice of changes to Iconic’s fees.

Stripe pays out to your bank account on its schedule, subject to its verification, reserve, dispute and other requirements. Iconic does not hold seller funds. Negative balances and losses are handled under the Stripe Services Agreement. You owe any amount Stripe or Iconic recovers from you under that agreement or these Terms in connection with your sales, including refunds, disputes, chargebacks and related fees.

Selling restrictions and subscriptions

You must follow these Terms and Stripe’s prohibited and restricted businesses rules. Required licenses do not override those rules.

Iconic may refund transactions, pause selling or end selling for fraud, acceptable-use violations or at Stripe’s instruction. A site with active buyer subscriptions cannot be deleted, archived or unpublished until those subscriptions have ended. You remain responsible for lawful handling of subscriptions, buyer notices and amounts owed.

Acceptable use

Do not use the Service to create, host, distribute, promote or facilitate:

• Illegal content, goods, services or activity.
• Child sexual abuse material or exploitation, or non-consensual intimate imagery, including synthetic imagery.
• Malware, phishing, fake login pages, fraud or credential theft.
• Spam or abuse of Iconic’s email sending, including ignoring unsubscribe requests.
• Impersonation or one-to-one clones of real brands or sites.
• Infringement of intellectual property or other people’s rights.
• Hate, harassment, violent threats or encouragement of violence.
• Adult or sexual content.
• Gambling, crypto, weapons, drugs or other regulated goods or services without required licenses and permissions.
• Sales of anything on Stripe’s prohibited or restricted businesses list.

Do not attack, disrupt or overload the Service, evade its limits or security controls, or resell access to Iconic. Operating your own customer-facing sites does not itself mean reselling platform access.

Medical, legal and financial content is allowed, subject to these Terms and applicable law. You are responsible for its accuracy, required professional review, licenses, disclosures and use. AI output is not a substitute for appropriate professional judgment.

Report abuse or suspected violations to legal@withiconic.ai. We may remove content or suspend access without notice for serious violations.

Copyright complaints (DMCA)

Send copyright notices to our designated Copyright Agent at legal@withiconic.ai or by mail to: Copyright Agent, Iconic Agentic, Inc., 156 2nd St, Suite 606, San Francisco, CA 94105.

Under the Digital Millennium Copyright Act, a notice must include:

• Your physical or electronic signature.
• The copyrighted work, or a representative list for multiple works on one site.
• The allegedly infringing material and enough location information for us to find it.
• Your address, telephone number and email, if available.
• A statement that you believe in good faith the use is not authorized by the owner, its agent or the law.
• A statement that the notice is accurate and, under penalty of perjury, that you may act for the owner.

If your material was removed by mistake, send a counter-notice to the same agent with:

• Your physical or electronic signature, name, address and telephone number.
• The removed material and its former location.
• A statement under penalty of perjury that you believe in good faith removal resulted from mistake or misidentification.
• Consent to the federal district court for your address, or, outside the US, a district where Iconic may be found, and agreement to accept service from the complainant or its agent.

We notify affected users and share valid counter-notices with complainants. We restore material after 10 to 14 business days unless notified of a court action to restrain the infringement, subject to lawful independent removal grounds. We terminate repeat infringers in appropriate circumstances.

Third-party services

You may choose to connect outside services, including Sign in with Google, code repositories and AI assistants. Your chosen AI assistant is your tool, governed by its provider’s terms and privacy policy. It is not an Iconic subprocessor. Information you authorize it to access may be sent to that provider.

Separate terms and licenses may apply to connected services, stock media, open-source code and other third-party materials. You are responsible for following them. We do not control services you choose independently. Our providers are listed in the Subprocessors section of our Privacy Policy.

Suspension and termination

You may stop using the Service at any time. Use plan settings for cancellation and the app for site or team deletion. For full account deletion, email privacy@withiconic.ai. The selling restrictions above still apply to sites with active buyer subscriptions.

We may restrict features, remove content, suspend access or terminate accounts or teams for violations, nonpayment, security risks or legal requirements. For serious violations, fraud or urgent harm, we may act without notice. Otherwise, we will provide reasonable notice and an opportunity to resolve the issue when appropriate. You can ask us to review an action at legal@withiconic.ai.

After termination, your right to access the affected Service ends. Amounts already owed remain due, subject to mandatory refund rights. Deletion follows our Privacy Policy: removal from active systems within a reasonable period, typically about 30 days, and from backups as they rotate out. Required billing, fraud and legal records may be retained. Keep copies of information you need before ending access when possible.

Provisions intended to continue after termination remain effective, including accrued payment obligations, applicable content and feedback licenses, disclaimers, liability limits, indemnity and dispute terms.

Disclaimers

To the fullest extent permitted by law, the Service and AI output are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. We do not promise uninterrupted or error-free service, complete security, or that output will be accurate or meet your needs. You are responsible for reviewing your sites and their content and maintaining appropriate copies.

These disclaimers do not exclude warranties, remedies or other rights that applicable law does not allow us to exclude.

Limitation of liability

To the fullest extent permitted by law, Iconic and its officers, directors, employees and service providers will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or lost profits, revenue, goodwill, business opportunities or data arising from the Service or these Terms. This applies even if we were advised that such damages were possible.

Our total aggregate liability arising from the Service or these Terms will not exceed the greater of (a) the fees you paid Iconic in the 12 months before the claim, or (b) US $100. These limits apply regardless of the legal theory of the claim.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless Iconic and its officers, directors and employees against third-party claims, damages, liabilities and reasonable costs, including attorneys’ fees, arising from Your Content, your sites, your sales or your breach of these Terms or applicable law.

We will promptly notify you of a claim, provide reasonable cooperation and let you control its defense with suitable counsel. You may not settle a claim in a way that admits fault by us or imposes an obligation on us without our written consent. We may participate with our own counsel at our own expense. Delayed notice reduces your obligations only to the extent it materially harms your defense.

Governing law and disputes

California law governs these Terms, without applying its conflict-of-law rules. Subject to mandatory law, disputes must be brought in the state or federal courts located in San Francisco County, California, and both parties consent to those courts’ jurisdiction.

These Terms do not require arbitration and do not waive class actions.

If you are a consumer, nothing in these Terms removes mandatory protections or rights to bring claims in a court available to you under the laws where you live. This includes non-US consumer rights concerning warranties, cancellation, refunds and remedies.

Changes

We may update these Terms. We will post changes here and email team owners, or notify them through the app, about material changes at least 30 days before they take effect. Continued use after the effective date means acceptance of the updated Terms. If you do not agree, stop using the Service and use the app’s cancellation controls before the changes take effect. Mandatory legal rights still apply.

General

• Entire agreement: These Terms and any applicable written agreement or DPA form the agreement for the Service and replace earlier agreements on the same subject. A signed written agreement controls a conflict with these Terms. An applicable DPA controls a conflict about processing personal data.
• Assignment: You may not transfer this agreement without our written consent, which we will not unreasonably withhold. We may transfer it as part of a merger, reorganization or sale of the relevant business, subject to applicable law and without reducing mandatory rights.
• Severability and waiver: If a provision is unenforceable, the rest remains effective. Not enforcing a provision immediately does not waive the right to enforce it later.
• Notices: Send legal notices to legal@withiconic.ai or our address below. We may send notices to the relevant account or team owner’s email address or through the app, subject to the Changes section and any legal requirements. Keep contact details current.
• Export and sanctions: Follow applicable export control and sanctions laws. Do not use or provide access to the Service where those laws prohibit it.
• Events outside our control: Neither party is responsible for delays caused by events reasonably beyond its control, such as natural disasters or widespread network failures. This does not excuse amounts already owed or obligations that law does not allow to be excused. The affected party must take reasonable steps to reduce the impact.

Contact

Iconic Agentic, Inc.
156 2nd St, Suite 606
San Francisco, CA 94105
legal@withiconic.ai