Terms – Innovative Brand Lab

Terms of Service

Last Updated: November 15, 2024

1. Agreement to Terms

By accessing or using the services provided by Innovative Brand Lab (“Company,” “we,” “our,” or “us”), including mobile apps, domain management, website development, email services, and custom web-based software development, you (“Client”) agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, please refrain from using our services.

2. Service Plans, Payments, and Refund Policy

Billing & Payments

Payment Cycles: Clients may choose between monthly or annual billing. Annual billing offers a discounted rate and is non-refundable.
Due Dates: Payments are due on the 1st of each billing cycle.
Payment Methods: Clients must maintain a valid payment method on file to avoid service interruption.
Late Payments: If payment is not received within 10 days of the due date, services may be suspended until the outstanding balance is settled. A $50 reactivation fee will apply for reinstating services after suspension.

Refund Policy

No Refunds: All payments made for services, including setup fees, monthly or annual fees, and any associated costs, are non-refundable.
Annual Billing Commitment: Clients acknowledge that annual billing provides a discounted rate in exchange for a full-year commitment; thus, no refunds will be issued for early termination.

3. Service Cancellation and Termination Fees

Client Cancellation

Notice Requirement: Clients must provide a 30-day written notice to cancel services.
Billing Cycle Consideration: If the cancellation request is received less than 30 days before the next billing cycle, the upcoming billing period will still be charged, and service termination will take effect at the end of that cycle.

Transfer & Termination Fees

Data Transfer Fee: If a Client requests the transfer of their website, app, or other digital assets to another provider, a $250 transfer fee will be charged to cover administrative and technical costs.
Data Retrieval Fee: For Clients who have had services terminated due to non-payment and wish to retrieve their data, a $100 reactivation and data retrieval fee applies.
Client Responsibilities: Upon termination, Clients are responsible for securing alternative hosting and domain services.

4. Domain Management & Mobile App Licensing

Domain Management

Client Ownership: Clients retain ownership of their domains while their account is in good standing.
Non-Payment Protocol: If a Client fails to pay their bill within 30 days, and the domain is at risk of expiration, we reserve the right to take control of the domain to prevent loss. If payment is made within 60 days of domain control transfer, the domain will be returned upon settlement of outstanding fees.
Extended Non-Payment: After 60 days of non-payment, the Company may assume full ownership and use of the domain at its discretion.

Mobile App Licensing

Licensing Model: Clients acknowledge that mobile apps provided by the Company are licensed, not owned.
Platform Dependency: These apps are designed, built, and maintained using our proprietary platform and do not operate independently of our infrastructure.
Usage Rights: The licensing model grants Clients the right to use the mobile app while an active subscription is maintained.
Post-Cancellation Rebranding: If a Client cancels their mobile app service, the app will not be removed from the App Store but will instead be rebranded for broader community use as part of the Explore UpNorth Community Apps library (or other relevant branding determined by the Company). The app will no longer reference or be associated with the Client’s business, chamber, or organization.
Non-Transferability: Since the apps are built on a proprietary system, they cannot be transferred to another provider, platform, or developer.

5. Credit Card on File Requirement

Payment Authorization
To ensure timely billing and uninterrupted service, all clients are required to keep a valid credit card on file. By initiating service with Innovative Brand Lab, you authorize us to charge the card on file for any recurring monthly, annual, or one-time fees related to your account, including setup fees, service renewals, late fees, and other applicable charges as outlined in this agreement. Failure to maintain an active card on file may result in suspension or termination of services. It is the client’s responsibility to update payment information as needed.

6. Non-Transferability of Donated Websites

Donated Website Restrictions
Websites provided free of charge, including those classified as donated, gifted, or provided as part of a charitable initiative, are the intellectual property of Innovative Brand Lab and are non-transferable. These websites may not be moved, duplicated, resold, or transferred to another hosting provider or development agency under any circumstances. This policy exists to protect the integrity of our work, maintain platform consistency, and ensure ongoing support. Should the client wish to upgrade to a fully transferable site, a custom development package may be discussed under separate terms.

7. Acceptable Use Policy

Prohibited Activities

Clients are prohibited from engaging in activities that include, but are not limited to:

Server Abuse: Actions that compromise the integrity, performance, or security of our servers, such as introducing malicious code, overloading resources, or unauthorized access attempts.
Email Solicitation: Sending unsolicited emails (“spam”), including bulk messaging, advertising, or promotional materials without recipient consent. Clients must comply with the CAN-SPAM Act and other applicable regulations.
Copyright Infringement: Uploading, sharing, or distributing content that violates intellectual property rights, including unauthorized use of copyrighted materials, trademarks, or proprietary information.

Consequences of Violations

Engaging in prohibited activities may result in:

Service Suspension or Termination: Immediate suspension or termination of services without prior notice.
Legal Action: Potential legal action, including claims for damages and reporting to appropriate authorities.
Fees and Penalties: Imposition of additional fees to cover administrative and remediation costs associated with the violation.

8. Intellectual Property Rights

Company Materials: All content, designs, software, and materials provided by the Company are protected by intellectual property laws. Clients are granted a limited, non-exclusive license to use these materials solely for their intended purpose under the service agreement.
Client Responsibilities: Clients must ensure that any content they provide does not infringe upon the rights of third parties. The Company is not liable for any infringement caused by content submitted by Clients.

9. Limitation of Liability

Service Availability: While we strive to maintain uninterrupted services, the Company is not liable for any downtime, data loss, or service interruptions.
Indirect Damages: The Company is not responsible for any indirect, incidental, or consequential damages arising from the use or inability to use our services.
Maximum Liability: The Company’s total liability shall not exceed the amount paid by the Client for the specific service in question during the preceding six months.

10. Modifications to Terms

The Company reserves the right to update or modify these Terms at any time. Clients will be notified of material changes via email or through updates on our website. Continued use of services after such changes constitutes acceptance of the new Terms.

11. Contact Information

For questions or concerns regarding these Terms, please contact us at support@innovativebrandlab.com.