Terms and Conditions of Use
Preamble
These Terms and Conditions govern the contractual relationship between ICV Agency Ltd and any business client using the ICV App and ProspectAIze software solutions. These tools are designed to improve sales performance, the structuring of intangible assets, and prospecting strategies. Access to the services, even partial access, constitutes full, unconditional, and tacit acceptance of all the terms set forth below, including those relating to use, liability, confidentiality, data processing, and dispute resolution.
These Terms and Conditions apply to all services offered through the websites valuation.capital and prospectaize.com, as well as any other website or digital platform directly or indirectly affiliated with ICV Agency Ltd.
Any update or modification to these terms and conditions—whether functional, pricing-related, or legal—shall be deemed to have been tacitly accepted by the Customer within 30 days of its publication or notification, without the right to appeal.
1. Purpose and Scope
This agreement governs access to and use of the services, technical support, account management, and data processing. It covers only the features included in the subscribed plan. Custom developments are included only subject to a separate written agreement. Any terms imposed by the Customer without ICV’s formal written consent shall be deemed null and void.
2. Services Offered
These services include: market analysis, audience segmentation, lead qualification, automated scoring, optimization of marketing messages, provision of marketing avatars, multivariate A/B testing campaigns, and access to performance metrics. ICV ensures a high level of technical compliance and continuous improvement of features.
3. Terms of Use
Access is restricted to adults who are professionals acting strictly within the scope of their professional activities. The Customer expressly waives his or her rights as a consumer. The Customer agrees to ensure the accuracy of their information, to keep their login credentials confidential, and to assume full responsibility for any consequences resulting from negligence. ICV reserves the right to temporarily suspend services without notice for maintenance or security purposes, without any financial compensation being due.
4. License and Intellectual Property
The Customer is granted a personal, non-exclusive, and non-transferable license to use the services, limited to the duration of the subscription. Any unauthorized reproduction, modification, or use of ICV’s content, methods, or technologies is strictly prohibited. All platforms, data, algorithms, interfaces, and content remain the exclusive property of ICV.
5. Limitation of Liability
ICV assumes no liability for any service interruption caused by third parties, force majeure, or technical failures beyond its control. In the event of direct liability, total compensation shall be limited to three months’ subscription fees, regardless of the cause or time period.
6. Data and Regulatory Compliance
ICV acts solely as a technical service provider. The Customer remains fully responsible for the processing of the data it generates, collects, or uses, in particular in accordance with the requirements of the GDPR. If the Customer becomes heavily dependent on the tool, it must notify ICV in writing. Failure to do so constitutes a waiver of any right to seek redress in the event of an interruption or termination of the service.
7. Term, Payment, and Termination
The contract takes effect for the initially agreed-upon term and is automatically renewable. Any early termination must be accompanied by formal notice. In the event of nonpayment or a material breach of the contract terms, ICV may terminate the contract without notice. The amounts owed remain due until the end of the contract term.
8. Deadlines, Notice Periods, and Operational Closures
Any monthly period that has begun, been billed, maintained, or made available to the Customer is due in full, with no refund, credit, or pro-rata adjustment, unless otherwise expressly agreed to in writing by ICV.
The termination will take effect at the end of the current monthly period. When the services involve work in progress, configurations, campaigns, analyses, deliverables, data processing, development, or transfers, ICV applies a notice period of three (3) to twelve (12) months, depending on the nature, volume, scope, and progress of the work in progress.
ICV is implementing a downtime period to ensure service continuity, account closure, access management, data security, operational transition, and compliance with contractual obligations.
9. Special Provisions
Non-Competition Clause: The Customer agrees not to use, copy, or adapt ICV’s methods or content for competitive purposes for a period of 12 months following the termination of the contract.
Confidentiality: All information, methods, scoring systems, AI instructions, and avatars provided are strictly confidential. The Client agrees not to disclose or use them outside the scope of this agreement.
Presumption of Evidence: In the event of a dispute, the logs, records, and reports generated by ICV shall serve as valid evidence, unless otherwise proven by supporting documentation.
Non-Assignability: This contract is personal to the party named herein. Any assignment or transfer to a third party without ICV’s prior written consent is null and void.
10. Governing Law and Arbitration
These terms and conditions are governed by English law. Any dispute that is not resolved amicably within 90 days shall be subject to the exclusive jurisdiction of the courts of England and Wales. In cases of urgency, the courts of England and Wales may be asked to grant interim relief.
11. Contact
All official requests or contractual notices must be sent exclusively to the following email address: legal@dataize.agency.