TERMS & CONDITIONS

Effective Date: August 26, 2025.

The website you are visiting (including its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the “Site”) is a copyrighted work owned and operated by ICONYC MIND LLC (“ICONYC MIND,” “we,” or “us”).

By accessing or using the Site, you affirm that you have the right, authority, and capacity to enter into these Terms and Conditions (the “Terms”). These Terms, together with our Privacy Policy (here), constitute a legal agreement between you and ICONYC MIND.

If you are under 18 years old, your parent or legal guardian must read, understand, and agree to these Terms on your behalf before using the Site. Users under the age of 13 may not access or use the Site.

1. Services We Provide

ICONYC MIND is a marketing agency that offers marketing and advertising services, which may include:

- Paid advertising campaigns (Meta, Google, etc.)

- Branding and identity development

- Content creation

- Social media management

- Strategy and marketing consultations

All services are defined in the individual project agreement, proposal, or invoice provided to you prior to the start of the project. 

2. Client Responsibilities

You, as the client, agree to:

- Provide accurate, complete, and timely information necessary to perform the services

- Provide access to any required accounts, including Meta Ads Manager, Google Ads, website backends, or other relevant platforms

- Ensure that all assets provided (e.g., images, logos, videos, and copy) are owned by you or that you have the right to use them.

ICONYC MIND is not responsible for delays or issues caused by missing, inaccurate, or late information provided by the client. 

3. Payments & Refunds

- Payment terms, including fees, timelines, and deliverables, will be outlined in the signed proposal, invoice, or agreement.

- All payments are non-refundable once work has started, unless otherwise agreed in writing.

- Invoices must be paid in full by the agreed due date. Failure to pay may result in suspension of services and additional fees.

- Scope of Fees: Payments made to ICONYC MIND cover agency services only (strategy, creative, campaign management, etc.) and do not include advertising budgets. Any spend on advertising platforms (e.g., Meta, Google Ads) is billed directly by the platform to the client. ICONYC MIND is not responsible for charges or billing issues from these third-party platforms.

- Payment Schedule Practices:

• Upfront Deposit: 30–50% of the total project fee before work begins.

• Milestone-Based Payments: For larger projects, payments may be divided into phases, with the client paying upon completion of each milestone.

• Monthly Retainer: For ongoing services (e.g., social media management or ad campaign management), clients pay at the start of each month.

- Accepted Payment Methods: Bank transfer or credit/debit card, as agreed in the invoice or project proposal.

- Failure to pay by the agreed due date may result in suspension of services and/or additional fees. ICONYC MIND reserves the right to withhold access to creative assets, ad campaigns, and deliverables until full payment has been received. 

- Refunds are not guaranteed and are evaluated on a case-by-case basis. Once a campaign, ad spend, or creative work has been initiated, fees are typically non-refundable.

4. Performance & Results Disclaimer

While ICONYC MIND applies its expertise to deliver high-quality marketing strategies and advertising campaigns, we cannot guarantee specific results, including:

- Conversion rates

- Revenue or sales growth

- Social media engagement or follower increases

- Advertising account approvals or platform performance

Marketing results are influenced by various factors beyond our control, such as the quality and availability of client-provided assets, budgets, market and competitive conditions, and changes in advertising platform algorithms and policies.

While we are committed to applying our expertise and best practices to craft effective marketing strategies and advertising campaigns, final results ultimately depend on a combination of these external variables.

5. Use of Client Ad Accounts & Third-Party Platforms

If we manage your advertising campaigns on platforms like Meta (Facebook & Instagram), Google Ads, TikTok, or others:

- You retain full ownership of your advertising accounts.

- ICONYC MIND is not responsible for platform-related issues, including ad rejections, account suspensions, policy violations, or technical errors.

- All data collected via third-party platforms is governed by their respective privacy policies, not ours.

By providing access to your accounts, you agree that ICONYC MIND will not be held liable for any disruptions, losses, or damages caused by third-party platforms.

6. Confidentiality

We respect the confidentiality of our clients’ data, marketing strategies, and business information. We will not share sensitive information with third parties unless required by law or explicitly authorized by you.

7. Intellectual Property Rights

a. Our Content

All content on our website, including but not limited to logos, branding, designs, images, text, and other materials, is the exclusive property of ICONYC MIND and is protected by applicable copyright and intellectual property laws. You may not copy, reproduce, modify, distribute, or use any of our materials without our prior written consent.

b. Client Content

Clients retain full ownership of their branding materials, logos, proprietary assets, and any content provided to ICONYC MIND. However, by submitting content for campaigns, you grant us a limited, non-exclusive, royalty-free license to use, reproduce, and adapt these materials solely for the purpose of delivering the agreed-upon services.

c. Content created by ICONYC MIND

All creative concepts, strategies, ad copies, designs, marketing materials, and deliverables produced by ICONYC MIND remain our intellectual property until full payment for the project or services has been received.

Upon receipt of full payment:

- Ownership of the final deliverables transfers to the client, unless otherwise agreed in writing.

- ICONYC MIND retains the right to reuse non-proprietary elements, such as design frameworks, templates, strategies, or general marketing concepts, in future projects.

d. Portfolio & Marketing Rights

Unless a written confidentiality or non-disclosure agreement is signed, ICONYC MIND reserves the right to showcase completed work — including designs, strategies, and campaign results — in our portfolio, case studies, and marketing materials.

8. Limitation of Liability

To the fullest extent permitted by law, ICONYC MIND is not liable for:

- Loss of profits, revenue, or data

- Business interruptions caused by third-party platforms

- Consequences arising from incorrect, incomplete, or delayed information provided by the client

- Penalties, suspensions, or restrictions imposed by advertising platforms

Our total liability, in any case, shall not exceed the total fees paid by the client for the service giving rise to the claim.

9. Termination of Services

Either party may terminate a project or service agreement by providing written notice. Upon termination:

- In the event of termination by the client, all outstanding payments for completed work remain due.

- ICONYC MIND may terminate services if the client breaches these Terms or applicable laws, or fails to make payments.

10. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the services provided by ICONYC MIND shall first be attempted to be resolved through good faith negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts located in New Jersey.

11. Updates to These Terms

We may update these Terms & Conditions from time to time to reflect changes in our practices, services, or legal obligations. Any updates will be posted on this page with a revised “Last Updated” date.

12. Contact Us

For questions about these Terms or our services, please contact us:

ICONYC MIND
📧 Email: contact@iconycmind.com
🌐 Website: www.iconycmind.com