Terms & Conditions
IconSprint is operated by Coffee Break Ideas LLC. Coffee Break Ideas offers IconSprint and related services to you, a user, under the condition that you accept all of our set terms, including these Terms & Conditions and all related policies.
Last Updated: October 7, 2025
Introduction
Welcome, and thank you for your interest in IconSprint (“IconSprint,” “we,” or “us”) and our website at iconsprint.com, along with our related websites and hosted web applications (collectively, the “Service”). These Terms & Conditions (the “Terms”) are a legally binding contract between you and Coffee Break Ideas LLC regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ICONSPRINT'S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ICONSPRINT'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ICONSPRINT AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ICONSPRINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. To the extent any portion of this Arbitration Notice is not enforceable under applicable law (for example, for certain consumers in the EEA/UK), such portion will not apply.
1. IconSprint Service Overview
IconSprint is a service focused on generating AI-powered application icons and related asset exports. As part of the Service, IconSprint uses a suite of artificial intelligence tools (the “AI Icon Generator”) to generate icon images and platform-ready exports for users (the “AI Icons” and “Exports”). Users may upload reference images to the Service, which the AI Icon Generator will use to assist in producing the AI Icons, which users can use for their own purposes. Users may receive a selection of styles and variants to choose from and can download platform-ready asset packs for use in their apps.
For clarity, reference images are stored temporarily to complete a generation and are transmitted to our AI processing provider(s) solely to provide the Service, as described in our Privacy Policy and Sub-Processors Policy. IconSprint does not train its own AI models on your uploaded content.
2. Eligibility
You must be at least 16 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years old (or the minimum age required to enter into a binding contract in your jurisdiction, if higher); (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration
To access most features of the Service, you must create an account with IconSprint or connect through a third-party identity provider (each, a “Third-Party Account”). When you connect a Third-Party Account to the Service, you authorize IconSprint to receive certain account information (for example, your name and email address) from the applicable provider as permitted by that provider's terms and solely to provide the Service under these Terms. IconSprint does not receive your Third-Party Account password; authentication is handled by the provider.
You are responsible for ensuring that your use of any Third-Party Account with the Service complies with your agreement(s) with the applicable provider. Third-Party Accounts are not under IconSprint's control, and IconSprint is not responsible for any actions taken by third parties in connection with your use of a Third-Party Account.
You agree to provide accurate, current, and complete information for your account, to maintain the confidentiality of your credentials (including any tokens issued by a Third-Party Account), and to be responsible for all activities that occur under your account. If you believe your account has been compromised, you must notify us promptly. IconSprint may, in its discretion and subject to these Terms, deny, suspend, or terminate access to the Service (for example, in the event of suspected misuse, fraud, or security risk).
4. General Payment Terms
Certain features of the Service require payment of fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars (USD) and are non-refundable, except as required by law or as expressly set out in our Refund Policy.
Price
IconSprint reserves the right to determine pricing for the Service. IconSprint will make reasonable efforts to keep pricing information published on the Service up to date; see our pricing page at /pricing for current information. IconSprint may change the fees for any feature of the Service, including by adding fees or charges, provided IconSprint gives you advance notice of changes before they apply. IconSprint, at its sole discretion, may make promotional offers with different features and different pricing to any of IconSprint's customers. These promotional offers, unless made to you, will not apply to you or to these Terms.
Authorization
You authorize IconSprint (and our Merchant of Record, Polar, and/or our payment processors) to charge all sums for orders you make and any features you select, including applicable taxes, to the payment method specified in your account or at checkout. If you pay with a card or similar method, IconSprint (or its designee) may seek a pre-authorization to verify your payment method and to ensure the necessary funds or credit are available.
Credits
Purchases add Credits to your account, which you can use to generate icons and export assets within the Service. Credits are not legal tender, have no cash value, are not redeemable for cash, do not expire, and are not transferable between accounts. Credits are governed by these Terms and our Refund Policy. If any portion of Credits is used to run a generation job, the associated purchase becomes ineligible for refund (see Refund Policy).
Delinquent Accounts
If any amount due is unpaid (for example, a charge is rejected or reversed), IconSprint may limit features or decline new purchases until the outstanding amount is resolved. In addition to the amount due, you are responsible for any fees or charges incidental to a chargeback or collection of the unpaid amount (including processor or network fees). If your payment method is invalid or revoked, we may adjust your account balance (including reversing Credits or revoking access to assets generated using disputed funds) consistent with our Refund Policy and applicable law.
Refunds
Our Refund Policy is incorporated by reference. In summary (for convenience only): refunds are available within seven (7) days of purchase if and only if no icons were generated and no Credits were used on the account tied to that purchase; failed jobs receive automatic credit restoration; extended outages may qualify for refund or restoration; and used Credits are non-refundable. Please review the full Refund Policy for details and procedures.
Chargebacks and Billing Disputes
If you initiate a chargeback or payment dispute, we will cooperate with the card network and our processor. During a dispute, IconSprint may reverse Credits corresponding to the disputed amount and remove access to assets generated with those Credits. Accounts are not automatically suspended due to a dispute (unless you request suspension or where required by law or platform security). If the dispute is resolved in IconSprint's favor, we may re-apply charges and restore Credits or access, as applicable.
Taxes and Fees
Polar acts as IconSprint's Merchant of Record and calculates taxes at checkout. Prices are generally shown exclusive of taxes, which may be calculated and collected at checkout where required. You are responsible for all taxes, duties, and charges applicable to your purchases, except for taxes based on IconSprint's income. Refunds, if any, will include returnable taxes as described in our Refund Policy; processor fees that are non-refundable to IconSprint may be excluded from refunds in accordance with that policy. Any currency conversion differences, bank charges, or card-issuer fees are outside our control and are non-refundable by IconSprint.
Promotional Offers
From time to time, IconSprint may make promotional or discount codes available. Unless expressly stated, promotions cannot be combined, are not transferable, are not retroactive, and may be subject to expiration dates and/or usage limits. IconSprint reserves the right to modify or discontinue promotions at any time.
5. Licenses
Limited License
Subject to your complete and ongoing compliance with these Terms, IconSprint grants you, for both your personal and commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
AI Icons and Exports
Subject to your compliance with these Terms, IconSprint assigns to you all of its right, title, and interest (if any) in and to the icon images and related exports generated from your User Content (the “AI Icons” and “Exports”); however, the AI Icon Generator may produce similar outputs for other users, and our assignment does not apply to outputs generated for others.
Neither your User Content (e.g., reference images) nor your AI Icons/Exports will be used to train or retrain our generative models or third-party models. We may process User Content and AI Icons/Exports solely to provide the Service (including generating, delivering, and, at your direction, storing), to maintain, protect, and secure the Service (including abuse, fraud, and spam detection and debugging), and to comply with applicable law and enforce these Terms. We may also use de-identified, aggregate telemetry (not the images themselves) to understand feature performance.
Reference images you upload are stored temporarily to complete a generation and are then promptly deleted from our working systems (or sooner if you delete them). You may request earlier deletion at any time as described in the Service.
License Restrictions
Except, and solely to the extent, such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with, or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant IconSprint an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership and Proprietary Rights
The Service is owned and operated by IconSprint. The AI Icon Generator, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by IconSprint (collectively, the “Materials”) are protected by intellectual property and other laws. For clarity, Materials exclude the AI Icons and Exports resulting from your use of the Service, which, as between you and IconSprint, are owned by you (as set forth in Section 5).
All Materials included in the Service are the property of IconSprint or its third-party licensors. Except as expressly authorized by IconSprint, you may not make use of the Materials. There are no implied licenses in these Terms, and IconSprint reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
Third-Party Services and Linked Websites
IconSprint may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on a third-party service or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize IconSprint to transfer that information to the applicable third-party service. Third-party services are not under IconSprint’s control, and, to the fullest extent permitted by law, IconSprint is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under IconSprint’s control, and IconSprint is not responsible for their content. Please review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, IconSprint will have no control over the information that has been shared.
Third-Party Software
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content
User Content Generally
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including but not limited to reference images, prompts, titles, descriptions, icon variants you choose to display publicly, messages, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
Limited License Grant to IconSprint
By Posting User Content to or via the Service, you grant IconSprint a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, whether now known or hereafter developed, solely to (i) provide the Service; (ii) maintain, protect, and secure the Service (including abuse, fraud, and spam detection and debugging); and (iii) comply with law and enforce these Terms. All rights you grant in these Terms are provided on a “through-to-the-audience” basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from IconSprint’s exercise of the license set forth in this Section.
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No AI training on your content. Neither your User Content (e.g., reference images) nor your generated outputs (AI Icons/Exports) will be used to train or retrain IconSprint’s generative models or third-party models. IconSprint may use de-identified, aggregate telemetry (not the images themselves) to understand feature performance.
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Temporary processing of uploads. Reference images you upload are stored temporarily to complete a generation and are then promptly deleted from our working systems (or sooner if you delete them), as further described in our Privacy Policy.
Public Icons and Indexing (Opt-In)
If you opt in to make specific icons or previews public, you grant IconSprint an additional worldwide, non-exclusive, royalty-free license to display those public items in public galleries, allow search engine indexing, and to display your chosen attribution (e.g., display name) with such items. Making an item public does not grant other users any license to use your work; any use by others requires their own rights from you or from applicable law. You can change visibility or delete public items at any time; we purge CDN caches promptly, but caches or copies outside our control may persist.
You Must Have Rights to the Content You Post; Representations and Warranties
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all elements of that User Content. IconSprint disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing it via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
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Ownership/Authority. You are the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to authorize IconSprint and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by IconSprint, the Service, and these Terms;
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No infringement or unlawful content. Your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark (including logos and brand elements), patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause IconSprint to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts, or provide any attribution to any third parties; and
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No prohibited content. Your User Content could not reasonably be deemed objectionable, profane, indecent, pornographic/NSFW, harassing, threatening, embarrassing, hateful, or otherwise inappropriate, and does not promote or depict violence, discrimination, or illegal activity.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users Post and will not be responsible or liable for User Content. IconSprint may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable (including adult/NSFW or hateful content). You understand that, when using the Service, you may be exposed to User Content from a variety of sources and acknowledge that such content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against IconSprint with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, IconSprint does not permit infringing activities on the Service.
Monitoring Content
IconSprint does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that IconSprint reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time IconSprint chooses to monitor the content, then IconSprint still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. IconSprint may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content or to any other users of the Service.
9. Communications
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Please note that opting out of promotional emails does not affect transactional or service communications (e.g., account, security, or purchase-related messages) that are necessary to provide the Service.
10. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
- violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data-mining tools) other than the software or search agents provided by IconSprint;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing, or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10.
11. Intellectual Property Rights Protection
11.1 Respect of Third-Party Rights
IconSprint respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to online service providers (17 U.S.C. § 512). If you have an intellectual-property-rights complaint about any material on the Service, you may contact our Designated Agent at:
Designated Agent (IP Notification)
Coffee Break Ideas LLC d/b/a IconSprint — DMCA Agent, 30 N Gould St Ste R, Sheridan, WY 82801, USA
Email: support@iconsprint.com
11.3 Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following:
- Your electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and the location of the material on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual-property-right owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual-property-right owner or are authorized to act on the owner’s behalf.
11.4 Sharing of Notices
Your Notification of Claimed Infringement may be shared by IconSprint with the user alleged to have infringed a right you own or control, as well as with operators of publicly available databases that track notifications of claimed infringement, and you consent to IconSprint making such disclosures.
11.5 Repeat Infringers
IconSprint’s policy is to: (a) remove or disable access to material that IconSprint believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, terminate accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. IconSprint reserves the right to suspend or terminate accounts in our sole discretion.
11.6 Counter Notification
If you receive a notification from IconSprint that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, you have the right to provide IconSprint with a Counter Notification. To be effective, a Counter Notification must be in writing, provided to IconSprint’s Designated Agent (Section 11.2), and include substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if you are residing outside of the United States, then for any judicial district in which IconSprint may be found, and that you will accept service of process from the person who provided the Notification of Claimed Infringement or that person’s agent.
11.7 Reposting of Content Subject to a Counter Notification
If you submit a Counter Notification to IconSprint in response to a Notification of Claimed Infringement, then IconSprint will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that IconSprint will replace the removed User Content or cease disabling access to it in 10 business days. IconSprint will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless IconSprint’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on IconSprint’s system or network.
11.8 False Notifications or Counter Notifications
17 U.S.C. § 512(f) provides that anyone who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation. IconSprint reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term
These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2 Termination
If you violate any provision of these Terms, IconSprint reserves the right to terminate your authorization to access the Service and these Terms, effective immediately upon notice to you. Furthermore, IconSprint may, in its sole and absolute discretion, terminate these Terms or your account on the Service, or suspend or restrict your access to the Service, for any reason whatsoever, including but not limited to: a. violations of these Terms, whether material or immaterial; b. fraudulent, illegal, or unauthorized use of the Service; c. conduct that poses security risks, technical issues, or liability concerns; or d. compliance with applicable law, regulation, or legal process.
Notwithstanding the foregoing, with respect to paid services, IconSprint shall undertake commercially reasonable efforts to permit you to access and download your AI Icons/Exports prior to final termination, provided that such access would not: (i) violate any applicable law, regulation, or legal process; (ii) create or exacerbate security vulnerabilities; or (iii) result in additional liability to IconSprint. Following termination, you are not entitled to refunds of any fees previously charged unless otherwise specified in IconSprint’s Refund Policy.
You may terminate your account and these Terms at any time by deleting your account (where available in the Service) or by contacting customer service at support@iconsprint.com.
13.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay IconSprint any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and the following Sections will survive: Section 5 (Licenses – Feedback subsection), Section 6 (Ownership; Proprietary Rights), Section 13.3 (Effect of Termination), Section 14 (Indemnity), Section 15 (Disclaimers; No Warranties by IconSprint), Section 16 (Limitation of Liability), Section 17 (Dispute Resolution and Arbitration), and Section 18 (Miscellaneous).
You are solely responsible for retaining copies of any User Content and AI Icons/Exports you Post or generate via the Service; upon termination of your account, you may lose access to such materials. If your account has been terminated for a breach of these Terms, you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
13.4 Modification of the Service
IconSprint reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. IconSprint will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content and AI Icons/Exports you generate or Post so that you have permanent copies in the event the Service is modified in such a way that you lose access to such materials.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify IconSprint, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “IconSprint Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with:
- your unauthorized use of, or misuse of, the Service;
- your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- any dispute or issue between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties by IconSprint
- THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ICONSPRINT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; and (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ICONSPRINT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, and IconSprint does not warrant that any of those issues will be corrected.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ICONSPRINT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ICONSPRINT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM: (a) THE SERVICE; (b) ANY ERRORS, INACCURACIES, OR OMISSIONS IN THE AI ICONS/EXPORTS OR OTHER CONTENT PROVIDED BY THE AI ICON GENERATOR; (c) YOUR ABILITY OR INABILITY TO UPLOAD, EXPORT, RETRIEVE, TRANSFER, OR REMOVE ANY USER CONTENT OR YOUR AI ICONS/EXPORTS FROM THE SERVICE; and (d) YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data, including User Content.
- ICONSPRINT USES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TO PROVIDE THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE TECHNOLOGY USED BY ICONSPRINT TO PROVIDE THE SERVICE IS EXPERIMENTAL, RAPIDLY EVOLVING, AND SUBJECT TO UNEXPECTED OUTPUTS AND RESULTS. THE AI ICON GENERATOR MAY PROVIDE RESULTS THAT CONTAIN ERRORS, OMISSIONS, OR DO NOT ACCURATELY REFLECT REAL EVENTS, PLACES, PEOPLE, OR FACTS. YOU ACKNOWLEDGE AND AGREE THAT ICONSPRINT WILL NOT BE LIABLE FOR ANY MISTAKES, INACCURACIES, OMISSIONS, OR OFFENSIVE MATERIAL IN THE AI ICONS/EXPORTS OR ANY OTHER CONTENT GENERATED BY THE SERVICE. YOU RELY UPON THE AI ICONS/EXPORTS AT YOUR SOLE RISK.
- The limitations, exclusions, and disclaimers in this Section 15 (Disclaimers; No Warranties by IconSprint) apply to the fullest extent permitted by law. IconSprint does not disclaim any warranty or other right that IconSprint is prohibited from disclaiming under applicable law.
16. Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ICONSPRINT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ICONSPRINT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
- EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ICONSPRINT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ICONSPRINT FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; and (b) US $100.
- EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally
Except as described in Section 17.2 (Exceptions) and Section 17.3 (Opt-Out), you and IconSprint agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow more limited discovery than in court, and is subject to very limited judicial review. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this agreement to arbitrate (including the arbitrability of any dispute) will be resolved by the arbitrator, except that a court will decide issues related to the enforceability or scope of the class-action waiver in Section 17.8 (No Class Actions). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ICONSPRINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing law. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section 17, and, except as otherwise provided in Section 18 (Miscellaneous), Wyoming law applies to any non-arbitration issues or proceedings.
17.2 Exceptions
Although we agree to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small-claims court; (b) pursue an enforcement action through an applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual-property infringement claim. For consumers located in jurisdictions where arbitration or class-action waivers are not enforceable (e.g., certain EEA/UK countries), this Section 17 does not apply to the extent prohibited by law.
17.3 Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you first agree to these Terms by sending a letter or email titled “Arbitration Opt-Out” to:
Coffee Break Ideas LLC d/b/a IconSprint — Legal (Arbitration Opt-Out), 30 N Gould St Ste R, Sheridan, WY 82801, USA
Email: support@iconsprint.com
Your notice must include: your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Once IconSprint receives your Opt-Out Notice, this Section 17 will be void as to you, and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law; Venue). The remaining provisions of these Terms will not be affected.
17.4 Arbitrator and Rules
This arbitration agreement, and any arbitration between us, is governed by the FAA and will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by these Terms. The AAA Rules and filing forms are available at www.adr.org. If the AAA is unavailable, the parties will select a mutually agreeable alternative administrator; if they cannot agree, a court may appoint one consistent with the FAA.
17.5 Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party (a “Notice of Arbitration”) by certified U.S. mail or recognized courier (signature required) or, only if no current physical address is available, by email. IconSprint’s address for Notice is:
Coffee Break Ideas LLC d/b/a IconSprint — Legal (Arbitration Notice), 30 N Gould St Ste R, Sheridan, WY 82801, USA
Email: support@iconsprint.com
The Notice of Arbitration must: (a) identify the name and account email of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (the “Demand”). The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach agreement within 30 days after the Notice of Arbitration is received, either you or IconSprint may commence arbitration.
Filing fees. If you commence arbitration in accordance with these Terms, IconSprint will reimburse your AAA filing fee after we receive notice of the filing, unless your claim seeks more than US$10,000 or your filing is part of multiple substantially similar demands asserted by or with the assistance of the same law firm or organization, in which case fees will be allocated by the AAA Rules (including any Multiple Consumer Case Filing protocols, if applicable). If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by Fed. R. Civ. P. 11(b)), fees will be governed by the AAA Rules and the prevailing party may seek reimbursement of fees it paid to AAA.
17.6 Arbitration Proceedings
Any arbitration hearing will take place in the county and state of your billing address, unless we agree otherwise. If your claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
During the arbitration, the amount of any settlement offer made by you or IconSprint must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Discovery will be conducted consistent with the AAA Rules.
17.7 Arbitration Relief
Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by IconSprint before the arbitrator was selected, IconSprint will pay you the higher of: (a) the amount awarded by the arbitrator; and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the award includes injunctive relief against a party, in which case that party may seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
17.8 No Class Actions
YOU AND ICONSPRINT AGREE that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and IconSprint agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
17.9 Modifications to this Arbitration Provision
If IconSprint makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to the address listed in Section 17.5 (Commencing Arbitration). If you reject the change, your account may continue under this arbitration provision as in effect immediately prior to the changes you rejected.
17.10 Enforceability
If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if IconSprint receives an Opt-Out Notice from you under Section 17.3, then the entirety of this Section 17 will be null and void, and in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law; Venue) will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms
These Terms, including the Privacy Policy, Cookie Policy, Refund Policy, and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and IconSprint regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law; Venue
Except as otherwise provided in Section 17 (Dispute Resolution and Arbitration), these Terms are governed by the laws of the State of Wyoming, U.S.A., without regard to conflict of law principles. For any lawsuit or court proceeding permitted under these Terms (for example, matters within an exception to arbitration or if the arbitration provision is unenforceable or you opted out), you and IconSprint submit to the personal and exclusive jurisdiction and venue of the state courts located in Sheridan County, Wyoming, or the U.S. District Court for the District of Wyoming. We operate the Service from the United States, and we make no representation that Materials included in the Service are appropriate or available for use in every location.
18.3 Privacy Policy
Please read the IconSprint Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”)—for example, the Cookie Policy, Refund Policy, and Subprocessors Policy. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
18.5 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18.6 Contact Information
The Service is offered by Coffee Break Ideas LLC (d/b/a IconSprint), located at 30 N Gould St Ste R, Sheridan, WY 82801, USA. You may contact us by sending correspondence to that address or by emailing us at support@iconsprint.com.
18.7 Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
18.9 International Use
The Service is accessible worldwide, but not all features or Materials may be appropriate, available, or legal in every jurisdiction. Access to the Service where such access is illegal is prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.