Read our terms of service
Terms of Service
We (team of Intelligent Customer Zone) are on a mission to make the web a better place. We hope you love our products and services – even the next great idea that we haven’t even thought of yet – as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. We will make it easy, If you don’t agree to these Terms, don’t use our services.
If you are a user or client in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you, as mentioned below.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for (collectively, “Services”):
Please note that Intelligent Customer Zone-related products and services are intended for commercial use, and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. Please see below to determine the entity your Agreement is with. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe.
We refer to Intelligent Customer Zone, LLC, 1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801 as “Intelligent Customer Zone,” “us,” or “we” throughout these Terms.
Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
Fees, Payment, and Renewal
Fees for Paid Services. Some of our Services are offered for a fee, like certain Intelligent Customer Zone plans or themes or extensions or software (collectively, “Paid Services”). This section applies to any purchases of Paid Services.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for the Payments feature – you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s), cancel, or manage subscriptions in your account settings or by contacting the support team.
Fees and Changes
We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Services.
We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
We also have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.
You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided in the contract. If you cancel your contract with us, you will refrain from using digital content or digital services or making them available to third parties.
You may exercise your right to withdrawal by sending a clear request to: [email protected] with the subject “Withdrawal”.
Fees Paid to Websites or Website Owners
Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you buy items or subscriptions from a website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold. Please contact the website owner if you have any questions or complaints.
Any recurring payments you make to a website owner (like a website subscription) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the subscription period, it’ll automatically renew and your payment method will be charged. For example, if you select an annually renewing website subscription, you’ll be automatically charged once each year until the subscription is canceled. You can view the renewal dates or cancel your website subscriptions on your Other Site Payments page.
We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner, you can contact us.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
General Representation and Warranty
Our mission is to make the web a better place, and our Services are designed to give you control and ownership over your websites. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Intelligent Customer Zone or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
Specific Service Terms
IntelligentCustomerZone.com and ICZ.agency Websites and Accounts
Intelligent Customer Zone provides you with resources to create beautiful websites and blogs, and we would love for you to use them. An IntelligentCustomerZone.com account also allows you to sign into some of our other Services. Some are basic services are free, and we offer paid plans that add advanced features like high-performance hosting, extra storage, and access to premium themes and plugins. We don’t own your content, and you retain all ownership rights you have in the content you post to your website, unless you use our websites with complete support. Regardless of chosen model, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your website. If you find an IntelligentCustomerZone.com or ICZ.agency website that you believe violates these Terms, please let us know.
Your Intelligent Customer Zone Website’s URL
If you create a website on IntelligentCustomerZone.com, or use one of our domains, you get free use of an Intelligent Customer Zone-owned subdomain or domains, like yourgroovysite.intelligentcustomerzone.com or joanna.food.com. You must not engage in “domain squatting,” claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains.
By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other IntelligentCustomerZone.com users permission to share your Content on other IntelligentCustomerZone.com websites and add their own Content to it (aka to “reblog” your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your website.
If you delete Content, we’ll use reasonable efforts to remove it from public view (or in the case of a private website, from view by authorized visitors) on IntelligentCustomerZone.com, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
We may use a third-party service to measure IntelligentCustomerZone.com’s and other our domain’s audience and usage. By having your website on IntelligentCustomerZone.com, or by using our domains, you agree to assign the traffic for your website to Intelligent Customer Zone, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your website’s traffic may be included under Intelligent Customer Zone, your website may not receive credit for traffic in the respective reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to provide it.
Your Content and conduct must not violate the Intelligent Customer Zone User Guidelines if you use our Services. You must comply with our advertising policy if you use our advertising features.
We offer free HTTPS on all IntelligentCustomerZone.com websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain, you represent that you have the power and authority to authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your website.
We may display advertisements on your website and domain unless you have purchased a plan that includes the removal of ads.
We may display attribution text or links in your website footer or toolbar, noting that your website is powered by IntelligentCustomerZone.com or attributing the creator of your theme, for example. For more details about these attributions, and under which circumstances (if any) you may alter or remove them, please see our Footer Credit Options support page.
We act as a registrar and also work with third-party registrars to provide domain name services. When you register a domain on IntelligentCustomerZone.com or transfer an existing domain to IntelligentCustomerZone.com, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions. Depending on the domain, you may be subject to the terms of the Intelligent Customer Zone Domain Name Registration Agreement, or third-party registrars’ Registration Agreements in addition to these Terms. When you register a domain, you’re presented with and must agree to the applicable domain registration agreement. Please see the Domain Registration Agreements page for instructions on how to determine which domain registration agreements apply to you and your domains. These registrar terms are incorporated by reference into these Terms. Your domain is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally. For details about what happens during the domain expiration process and how we may notify you about domain expirations, please see the Domain Expiration page. For information about fees associated with domain registrations, renewals, and redemptions, please refer to the domain pricing and available TLDs page. When you register a domain, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the domain. You can update your domain contact information at any time. If the domain contact information differs from your IntelligentCustomerZone.com account information, we consider the administrative contact in your domain contact information to be the owner of the domain, with full authority to manage it.
We offer Services and certain features via custom build websites that enable you to sell items (goods, content, services, etc.), receive payments on your website, or otherwise earn money (collectively, “Ecommerce Services”).
If you use Ecommerce Services, the terms in this subsection apply, along with the terms for any underlying Service that you use.
You have control over your store, and with great power comes great responsibility. We’re not involved in your relationships or transactions with any customer or potential customer, and you’re solely responsible for all of your ecommerce activities. Among other things, this means that you:
- may only use Ecommerce Services for legitimate transactions with your customers.
- must comply with all applicable laws (such as those relating to automatic renewal or providing consumer disclosures) and agree not to engage in unfair, deceptive, or abusive acts or practices.
- are responsible for all products and services you provide, including delivery, support, refunds, returns, providing any appropriate warnings, and ensuring all information you provide is accurate, complete, and current.
- must accurately communicate product and transaction details, set expectations appropriately, and fulfill all commitments you’ve made.
- are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of Ecommerce Services. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, tell your customers about any Taxes they may be required to pay and issue appropriate invoices.
- are responsible for acquiring appropriate consent to process customer transactions, giving customers confirmation or receipts for each charge, verifying customers’ identities, and determining a customer’s eligibility and authority to complete transactions.
- must provide contact information so customers can contact you with questions or complaints.
- must maintain fair and legally compliant return, refund, cancellation, and adjustment policies and clearly explain how customers can request a refund.
- are responsible for all questions, complaints, disputes (including chargebacks), refunds, reversals, or fines that arise from your use of Ecommerce Services.
- should not encourage customers to submit chargebacks.
- are responsible for investigating any transaction you believe may be erroneous, suspicious, or prohibited by law, or otherwise pose unacceptable compliance risks to us or you and, if appropriate, obtaining adequate information and assurances from your customer before fulfilling or completing the transaction.
- are solely responsible for ensuring that your transactions with customers comply with applicable export, import, and sanctions laws and regulations, including obtaining any required licenses or other authorizations or making required filings.
- must comply with Payment Card Industry Data Security Standard (PCI DSS) if applicable to you.
- must promptly notify us via email if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) that’s related to your use of Ecommerce Services.
You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:
- Ecommerce Services cannot be used in, from, by, or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
- If you’re using Ecommerce Services, you must observe all Store Guidelines and, if hosted on IntelligentCustomerZone.com, the User Guidelines as well.
- If you’re using Ecommerce Services to sell CBD and other hemp-derived products, you must follow our Guidelines for CBD and Other Hemp-Derived Products.
We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.
Fees and Negative Balances
In some cases, you pay us fees relating to the Ecommerce Services you use. For example, the fee for the Payments feature is a percentage (which depends on your plan) of the revenue your website generates through the Payment feature, and when you use the feature, you authorize Stripe to direct payment of that percentage to us. Please note that we have no obligation to reimburse or refund these revenue-based fees when you issue refunds to your subscribers or customers. If you have a negative account balance (for example because of fraud, chargebacks, or other operational issues) or we’re obligated to pay or collect any fees relating to your ecommerce activities or your use of Ecommerce Services, you’re responsible for those losses and fees, and we may collect payment for those losses and fees.
While some Ecommerce Services allow you to include sales taxes in transactions – for example, tax calculations may be provided by TaxJar – you shouldn’t rely solely on these features. We work to keep our documents and tools up-to-date, but tax laws change rapidly; and we can’t guarantee that tax calculations you receive through or in connection with our Services are complete and accurate. Tax laws also differ from jurisdiction to jurisdiction and may be interpreted differently by different authorities. We recommend consulting with a tax professional for your specific tax situation to assess the tax rates you should charge. If we’re obligated to pay or collect Taxes on your ecommerce activities or your use of Ecommerce Services, you’re responsible for these Taxes, and we may collect payment for them from you.
More on Shipping Services Specifically
Our shipping Services allow you to check shipping rates or buy shipping labels from certain mailing services, like UPS, USPS, DHL, and Canada Post. We’re only an intermediary between you and these third parties; we aren’t involved in any way with your product or its shipment. We also don’t guarantee that the results you obtain from the use of these services (like rates, labels, or delivery timeframes) will be accurate or reliable. You’re solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and any regulations imposed by the mailing service(s) you use.
If you use services provided by the US Postal Service (“USPS”):
- You agree to comply with their shipping restrictions and mailing standards, among others.
- The following Privacy Act Statement applies to information you provide to USPS: Your information will be used to facilitate the purchase of USPS postage and fulfill transactional reporting requirements for USPS postage systems. Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information is voluntary, but if not provided, your transaction may not be processed. USPS does not disclose your information to third parties without your consent except to facilitate the transaction, to act on your behalf or request, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a US Postal Service (USPS) auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the service (service providers). For more information regarding USPS privacy policies, visit www.usps.com/privacypolicy
When using DHL’s services, you are responsible for compliance with all applicable DHL rules and terms, such as the DHL Express Terms and Conditions of Carriage.
In addition, you’re solely responsible for customs charges, import taxes or duties, and any other charges related to your shipments. If we incur any charges as a result of your use of the shipping services, you agree to reimburse us for the full amount within 7 days. In some cases, you may need to pay fees to the carrier directly, like if you use UPS shipping labels. In other cases, you authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment methods you provide in your account, which you can view and manage. If you have multiple payment methods, you can select which should be used for the shipping label service. If we’re unable to collect payment from you for these fees, you’ll be responsible for payment within 7 days; please contact us to make payment. Refunds for unused shipping labels must be requested (like so for USPS) in your store’s wp-admin within 30 days of creating the label. Depending on your bank and the third party involved, it can take up to 45 days for your refund to be issued. If you don’t receive your refund within this time frame, please contact us. You may not transfer or sell postage and/or shipping labels to a third party.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Copyright and Fair Use Policy and send us a notice.
The Agreement doesn’t transfer any Intelligent Customer Zone or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Intelligent Customer Zone and you) solely with Intelligent Customer Zone. Intelligent Customer Zone and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Intelligent Customer Zone (or Intelligent Customer Zone’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Intelligent Customer Zone or third-party trademarks.
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by Intelligent Customer Zone.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Intelligent Customer Zone policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Intelligent Customer Zone and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Intelligent Customer Zone, nor its suppliers and licensors makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain content or services through our Services at your own discretion and risk.
Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Wyoming, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Wyoming, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
Limitation of Liability
In no event will Intelligent Customer Zone, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Intelligent Customer Zone under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Intelligent Customer Zone shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Intelligent Customer Zone isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Intelligent Customer Zone, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
US Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Intelligent Customer Zone to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create an unacceptable risk to us under export controls or sanctions.
Data Processing Agreement
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow these instructions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Intelligent Customer Zone and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Intelligent Customer Zone may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
Last Updated: April 26, 2023