Terms & Conditions

TrueMagna (truemagna.com) — operated by Iconic Digital World, Inc.
Effective Date: August 6, 2026  |  Last Updated: October 9, 2026

1. Agreement to Terms

These Terms & Conditions (the "Terms") are a binding legal agreement between you ("you," "your," or "Customer") and Iconic Digital World, Inc., operating the TrueMagna platform ("Company," "we," "us," or "our"), with its principal place of business in Alberta, Canada. They govern your access to and use of the Sites and the Service (each as defined below).

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, you must not access or use the Service. Our Privacy Policy is incorporated into these Terms by reference.

2. Definitions

• "Service" means the TrueMagna AI-powered marketing system, including the Brand Foundation and strategy tools; the AI page, funnel and website generators, the visual editor, templates, popups and saved blocks; scorecards and quizzes; blog, social, ad, script, slide and webinar content tools; A/B testing and version history; publishing, hosting and custom-domain connections; export to third-party platforms (such as WordPress and Elementor); lead capture, the lead-management dashboard and lead export; automated follow-up and email-sequence features; the in-workspace AI assistant; Insights; AI copywriting, image-generation, transcription, and translation features; QR codes; third-party integrations; and all related tools, applications, and documentation.
• "Sites" means truemagna.com, app.truemagna.com, get.truemagna.com, and related subdomains and successor domains.
• "Customer Content" means content you create, upload, or submit through the Service, including text, images, logos, brand assets, prompts, page configurations, and published pages.
• "Output" means content generated by the Service's AI features in response to your inputs.
• "Insights" means any analysis, score, grade, audit, report, finding, recommendation, benchmark, estimate or automated fix that the Service produces about a page, website, piece of content or marketing activity — including page and website analytics and their summaries, the MAGNET Test and its reports, readiness, SEO, conversion and accessibility checks, the compliance check, the visual deep dive and the deep AI review. Insights are a kind of Output.
• "Compliance check" means the Service’s automated review of content against selected advertising, endorsement, health-claim, privacy, anti-spam and industry rules, where offered for your niche or plan.
• "Credits" means the units used to meter the Service's AI features. Credits are a licence measurement only: they are not money, have no cash value, are not redeemable or transferable, and are non-refundable (Section 6).
• "Lead Data" means information submitted by visitors of pages you publish through the Service, including form submissions, quiz answers, appointment bookings, and messages sent to chat assistants on those pages.
• "End Users" means visitors of pages you publish through the Service.

3. The Service

The Service is an AI-powered marketing system. It enables you to record your business’s Brand Foundation and, from it, generate, edit, test, publish and host pages, funnels, websites and scorecards, and to capture and manage Lead Data; obtain Insights about your pages and those of websites you analyse; plan and publish blog articles, including keyword research supplied by a third-party search-data provider; plan, write and schedule social posts, and publish them to accounts you connect; generate webinar and presentation material; send email from a sender identity you verify on your own domain; and use an in-workspace AI assistant that can read and change content in the workspace you are working in, at your direction. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your own internal business purposes during your subscription term.

Scheduling. Times you set for scheduled actions — including social posts and follow-up emails — are targets, not guarantees. Scheduled work is processed in batches, and delivery may occur later than the time shown. Where a third-party network is involved, its own timing and acceptance rules apply as well (Section 9.8).

We may add, modify, or discontinue features at any time. We do not promise that any particular feature, template, or integration will remain available. Features described on marketing pages (including template counts, generation speed, or comparative value figures) are descriptive of the Service's design goals and are not contractual commitments or performance guarantees.

We may offer features identified as beta, preview, or early access, or enable features for some plans, workspaces, or niches and not others. Such features are provided as-is, may change or be withdrawn at any time, and may be subject to additional limits.

4. Eligibility & Accounts

• You must be at least 18 years old and able to form a binding contract. The Service is offered to businesses and professionals, not consumers acting for personal or household purposes.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for safeguarding your credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at info@iconicdigitalworld.com of any suspected unauthorized use.
• You may not share your login credentials, sell or transfer your account, or use another person's account without permission. Where your plan supports workspaces with multiple members, inviting members through the Service's own team features is the supported way to share access; you are responsible for the acts and omissions of every member of your workspaces as if they were your own.

5. Plans, Trials, Billing & Renewal

5.1 Fees and payment

You agree to pay all fees for the plan and any add-ons you select, at the prices in effect when incurred, plus applicable taxes (including GST/HST where applicable). Payments are processed by third-party payment processors; you authorize us and our processors to charge your chosen payment method for all amounts due, including recurring charges. Fees may be quoted and charged in the currency indicated at checkout.

5.2 Subscriptions and automatic renewal

Unless you cancel before the end of the current billing period, subscriptions renew automatically for successive periods equal to your billing cycle (e.g., monthly or annual), and your payment method will be charged at the then-current rate. You may cancel at any time through your account settings or by written notice to us; cancellation takes effect at the end of the current billing period, and you retain access until then. Cancelling does not entitle you to any refund or credit for amounts already charged (see Section 6).

5.3 Free trials and free tiers

We may offer free trials (for example, a 14-day trial) or free tiers. Trial terms will be stated at signup. If a trial requires a payment method, your paid subscription begins automatically at the end of the trial unless you cancel before the trial ends. We may modify or terminate trials and free tiers at any time, and may limit their features, capacity, or availability. Data associated with expired trials or inactive free accounts may be deleted after reasonable notice.

5.4 One-time purchases

Lifetime, setup, or other one-time purchases grant access only to what is expressly described at the time of purchase, for as long as we offer the relevant feature, and are subject to these Terms — including Section 6 (No Refunds) and our right to discontinue features under Section 3 and to modify or discontinue the Service under Section 20.

5.5 Price changes; late amounts; chargebacks

We may change prices with reasonable advance notice; changes apply from your next renewal. If any amount is not paid when due, we may suspend or downgrade the Service until paid. If you initiate a chargeback or payment dispute that is resolved in our favour, we may charge you our reasonable costs of responding and may suspend or terminate your account. Initiating a chargeback in bad faith to circumvent Section 6 is a material breach of these Terms.

5.6 Credits and auto-refill

AI features consume Credits. The Credit price of each action is shown in the Service and may change prospectively at any time; the price shown when you run an action is the price charged. Credits included with a plan or purchased separately are non-refundable (Section 6), remain usable while your account is in good standing, and are forfeited when your subscription ends or your account is terminated. Credits for an action are reserved when it starts; where the action fails outright, the reserved Credits are generally returned automatically. Credits spent on an action that ran are not returned because you dislike, discard or undo its result. If you enable auto-refill, you authorize us and our payment processors to automatically charge your payment method for the Credit top-up amount you configured, each time your balance falls below the threshold you configured, until you disable auto-refill in your settings. Auto-refill charges are subject to Section 6.

6. No Refunds

ALL FEES ARE NON-REFUNDABLE AND NON-CREDITABLE ONCE PAID, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. This includes, without limitation, subscription fees, renewal charges, one-time purchases, upgrade fees, and unused portions of any billing period, and it applies regardless of whether you use the Service, achieve any particular result, or cancel mid-cycle. We encourage you to use any available free trial to evaluate the Service before purchasing. We may, in our sole and absolute discretion, issue a refund or credit in exceptional circumstances; doing so once does not oblige us to do so again and is not a waiver of this Section. Nothing in this Section limits any non-waivable statutory rights you may have under applicable consumer-protection law.

7. No Guarantee of Results

In plain terms: TrueMagna does not promise that you will make money, or that anything about your business will increase. Not your traffic, rankings, leads, bookings, sales, conversion rate, revenue, income or profit — and not your savings either. A higher score, a passed check, a “Clear” compliance result, an improved MAGNET Test grade or a suggestion followed is a statement about a page, produced by software. It is not a forecast of results and not a promise of money.

WE DO NOT GUARANTEE, PROMISE, OR PREDICT ANY BUSINESS OUTCOME FROM YOUR USE OF THE SERVICE. Without limiting the foregoing, we make no representation or warranty regarding:

• sales, revenue, profits, or return on investment or ad spend;
• leads, conversions, conversion rates, click-through rates, or A/B test outcomes;
• traffic, rankings, deliverability, engagement, followers, or audience growth; or
• any increase, decrease, or other change in your business of any kind;
• any score, grade, benchmark, estimate, projection or “potential” figure shown in the Service, in a MAGNET Test report, or in any Insight, all of which are illustrative only; or
• any earnings, income or financial outcome for you or for any client of yours.

Marketing results depend on countless factors outside our control — including your offer, pricing, market, ad spend, targeting, competition, and economic conditions. Any examples, case studies, testimonials, statistics, or earnings figures on our Sites or in our materials describe specific experiences of specific users; they are not typical, are not promises, and must not be relied on as projections of your results. You are solely responsible for your business decisions and for evaluating whether the Service is suitable for your needs.

8. AI-Generated Content, Insights & Compliance Tools — Not Legal Advice

8.1 AI-generated content

The Service uses artificial intelligence to generate layouts, copy, images, and design suggestions. You acknowledge and agree that:

• AI makes mistakes. Output is generated by statistical models and may be inaccurate, incomplete, outdated, biased, or misleading, and may include errors that appear confident and plausible;
• Output is not professional advice of any kind — legal, medical, financial, tax, or otherwise — and must not be relied on as such;
• similar or identical Output may be generated for other users, and Output may unintentionally resemble third-party content; we make no warranty that Output is original, non-infringing, or protectable by intellectual-property rights;
• you are solely responsible for reviewing, editing, fact-checking, and approving all Output before publishing or otherwise using it, including ensuring that all claims on your pages (e.g., pricing, testimonials, health, earnings, or performance claims) are truthful, substantiated, and compliant with advertising, consumer-protection, health, and industry-specific laws and platform policies applicable to you; and
• we are not liable for any loss or damage arising from your use of, reliance on, or publication of Output.

8.2 Insights are AI-powered guidance, not professional advice

Analytics summaries, scores, MAGNET Test reports, readiness and conversion checks, compliance checks and accessibility checks are produced automatically, in whole or in part by artificial intelligence. They are general guidance to help you review your own work. They are not legal, regulatory, accessibility, financial or other professional advice; no lawyer, accessibility auditor or other professional reviews them; and using them creates no attorney–client or other professional relationship with us. Insights can be wrong: they may miss real problems, report problems that are not there, or become outdated as laws, standards and platform policies change. Do not rely on any Insight as your only basis for a decision with legal, financial or reputational consequences — seek advice from a qualified professional in your jurisdiction.

8.3 The compliance check

Where offered, the compliance check is an automated risk review of the words in your content against a selection of rules (for example, truth-in-advertising, endorsement and testimonial rules, health-claim rules and anti-spam rules). It does not cover every law, regulation, licence condition or platform policy that may apply to you — advertising platforms’ own policies are not checked — and it reviews only the text it is given at the time it is run. A result of “Clear”, a finding marked “Rewritten” or “Kept”, and a suggested safer wording are not a determination that your content is lawful. Where the Service holds publishing or sending until open “Must fix” findings are resolved, that hold is a convenience, not a safeguard: an owner or manager who signs off accepts the risk on your behalf, and you remain solely responsible for everything you publish and send (Sections 8.1, 9.3–9.5 and 17).

8.4 Accessibility tools

The Service can check pages for some accessibility issues (such as low-contrast text, missing image descriptions and unlabelled fields), apply automated fixes, add an optional accessibility-options button, and report accessibility findings in the MAGNET Test. These tools address some issues, not all, and are intended to help you work toward recognised guidelines such as WCAG 2.1 Level AA. They do not certify, and we do not represent, that any page or website conforms to WCAG or complies with any accessibility law — including the Americans with Disabilities Act, Section 508, the Accessibility for Ontarians with Disabilities Act, the Accessible Canada Act or the European Accessibility Act. Automated tools cannot judge many requirements that need human review. You are responsible for the accessibility of your pages and for any statements you make about it; do not describe your pages as “compliant” or “certified” on the strength of these tools.

8.5 Analytics are estimates

Visit, conversion, QR-scan, A/B-test, search and speed figures are measurements subject to error. They can be incomplete or inflated by ad-blockers, privacy settings, consent choices, bots, caching, third-party data delays (such as Google Search Console and PageSpeed Insights) and other factors outside our control. Use them as indications, not as exact or audited figures, and not as a basis for payments to third parties.

9. Your Content, Lead Data & Licences

9.1 Your ownership

As between you and us, you retain all rights in your Customer Content and, subject to Section 8, you may use Output generated for you within your published pages and marketing. We claim no ownership of your business's materials.

9.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, adapt, publish, transmit, and display Customer Content and Output solely as needed to provide, secure, maintain, and improve the Service, comply with law, and enforce these Terms. This licence ends when your content is deleted from the Service, except for backup copies retained in the ordinary course and content we must retain by law.

9.3 Your warranties about your content

You represent and warrant that you own or have all rights necessary to use and publish your Customer Content; that it does not infringe any intellectual-property, privacy, publicity, or other rights of any person; and that it complies with these Terms and applicable law. We do not pre-screen, monitor, endorse, or verify Customer Content or published pages, and we are not responsible for them.

9.4 Lead Data; your compliance obligations

As between you and us, you own your Lead Data, and you are the party responsible for it under privacy law. We process Lead Data only to provide the Service to you. You are solely responsible for: (a) posting a legally adequate privacy policy on your pages; (b) obtaining all consents required to collect, use, and market to End Users; (c) complying with all applicable privacy, anti-spam, and telemarketing laws (including PIPEDA, provincial privacy laws, CASL, GDPR, ePrivacy rules, CAN-SPAM, and the TCPA, as applicable); and (d) honouring End Users' privacy rights and unsubscribe requests. You will export your Lead Data regularly; upon termination we may delete it as described in Section 13.

9.5 Emails and follow-up sequences sent through the Service

The Service can send emails and automated follow-up sequences to End Users on your behalf and at your direction. You are the sender of all such messages. You are solely responsible for ensuring that every message sent through your account: (a) is sent only to recipients who have given the consent required by applicable law (including express or implied consent under CASL); (b) accurately identifies you as the sender and includes your valid contact information; (c) contains a functioning unsubscribe mechanism, with opt-outs honoured promptly and in any event within the time required by law; and (d) is truthful and not misleading. We may throttle, suspend, or block sending, or require verification of your sender domain or lists, at any time to protect deliverability and our infrastructure. Excessive spam complaints, bounces, or abuse reports are grounds for suspension or termination under Section 13.

9.6 Chat assistants on your pages

The Service lets you enable an AI chat assistant on pages you publish. If you enable it: (a) messages End Users send to it are Lead Data, and Section 9.4 applies; (b) the assistant’s replies are Output, and Section 8 applies — you are responsible for reviewing the material it is trained on and for what it tells your visitors; and (c) you are solely responsible for any legally required disclosures to End Users, including telling them they are interacting with an automated system where a law (such as bot-disclosure legislation) requires it, and for any consent required to collect chat messages in your jurisdiction.

9.7 Publicity

You grant us the right to identify you as a customer and to display your name and logo in customer lists and marketing materials. You may revoke this by written notice, effective prospectively for new materials.

9.8 Connected social accounts

If you connect a social account (including a Facebook Page, Instagram, LinkedIn, TikTok or YouTube account):

(a) You authorize us to publish, on your behalf, only the content you have scheduled or requested through the Service. We will not post anything else, and we do not use the connection to read or collect your existing content, followers, or messages beyond what is needed to identify the account and confirm a post.

(b) You warrant that you own or are authorized to operate each account you connect, and to publish to it on behalf of whoever owns it.

(c) You remain responsible for everything published, including its compliance with the network’s own terms, policies and community standards, and with advertising, consumer-protection and intellectual-property law. Content you schedule is Customer Content and Sections 9.3 and 10 apply to it.

(d) We do not guarantee that a post will be accepted, or published at the exact time scheduled. Networks may reject, delay, throttle, alter the appearance of, or remove content, may change or withdraw their APIs, and may restrict or suspend accounts, for reasons outside our control. See Section 3 on scheduling times.

(e) You may disconnect at any time, which stops any further posting through the Service. Disconnecting does not remove content already published — remove that on the network itself.

9.9 Analysing websites you do not own

The MAGNET Test and similar features fetch and analyse publicly available web pages that you choose, including websites of prospective clients. You may use them only for legitimate business purposes and only on publicly accessible pages. Reports describe an automated, AI-powered opinion about a page at the time it was tested (Section 8.2); they are not statements of fact about any business. You must not present a report as a legal opinion, an accessibility or compliance audit, or a certification; must not use it to make false or disparaging claims about anyone; and are responsible for complying with anti-spam and privacy law when you send a report or contact the person it concerns (Section 9.5).

10. Acceptable Use & Prohibited Businesses

10.1 Prohibited businesses and content

The Service may not be used by, for, or to promote any of the following, as determined by us in our sole discretion:

• any illegal business, product, service, or activity, or any activity that facilitates or promotes illegality (including fraud, counterfeiting, money laundering, pyramid or Ponzi schemes, and sale of stolen goods);
• pornography or sexually explicit content or services, adult entertainment, escort services, or sexualized content of any kind — and, without exception, any content sexualizing or endangering minors, which we will report to authorities;
• products or services generally considered unsafe for health or marketed with unlawful or unsubstantiated health claims, including illegal or unapproved drugs and substances, drug paraphernalia, "miracle cure" products, and unapproved medical treatments or devices;
• tobacco, vaping products, or recreational drugs where sale or promotion is restricted; weapons, ammunition, or explosives; and instructions for making any of them;
• content that is defamatory, hateful, harassing, violent, discriminatory, or that we otherwise reasonably consider immoral, deceptive, exploitative, or damaging to our reputation or to public safety;
• deceptive marketing practices, including fake testimonials or reviews, false scarcity, impersonation, phishing, "get-rich-quick" or guaranteed-earnings schemes, deceptive "free" offers, and misleading health, financial, or earnings claims;
• gambling, betting, or lotteries where not licensed and lawful in every jurisdiction targeted.

10.2 Prohibited conduct

You must not, and must not permit anyone to:

• use the Service to send spam or communications that violate CASL, CAN-SPAM, the TCPA, or any other anti-spam or telemarketing law, or to collect Lead Data without required consents;
• upload malware, or use the Service for phishing, credential harvesting, or other deceptive or harmful data collection;
• interfere with, disrupt, probe, or circumvent security or usage limits of the Service, or access it by automated means (scraping, bots) except through interfaces we provide;
• reverse engineer, decompile, copy, frame, resell, sublicense, white-label, or provide the Service to third parties as a service bureau, except as we expressly permit in writing or in a plan designed for that use;
• use the Service to build a competing product, or benchmark it for a competitor;
• use the Service's import, cloning, or URL-capture features to copy, reproduce, or adapt any third-party web page, design, or content that you do not own or have written permission to use — you are solely responsible for ensuring you hold all necessary rights in anything you import;
• misrepresent your identity or affiliation, or publish content you have no right to publish;
• represent any Insight, score or report from the Service — to a client, a regulator or the public — as a guarantee of results, a legal opinion, or a certification of compliance or accessibility; or
• use the Service in violation of any applicable law, regulation, court order, or third-party platform policy (including ad-platform policies of Google, Meta, and others).

10.3 Enforcement

We may (but have no obligation to) review pages and content, and may remove, unpublish, or disable any content or account that we believe, in our sole discretion, violates this Section or exposes us, our infrastructure providers, or the public to harm or liability — with or without notice, and without refund. We may report suspected unlawful activity to authorities. Our enforcement or non-enforcement in any instance does not waive our rights in any other instance, and we assume no duty to any person by reason of monitoring or failing to monitor.

11. Our Intellectual Property

The Service and Sites — including all software, AI systems, templates, template structures, design frameworks, conversion patterns, text, graphics, interfaces, trademarks (including "TrueMagna"), and the compilation of all of the foregoing — are owned by the Company or its licensors and are protected by intellectual-property laws. Except for the limited rights expressly granted in Section 3, we reserve all rights. Templates are licensed for use within the Service to create your published pages; you may export pages you have created (for example, as HTML or to WordPress or Elementor) for use on your own or your client's website, but you may not extract, redistribute or resell the template library itself, or the Service's underlying code or systems. Any goodwill from use of our marks inures to us.

12. Third-Party Services & Custom Domains

• The Service depends on third-party providers (including hosting, content delivery, databases, payment processing, email delivery, and AI model providers) and may interoperate with third-party services you choose to connect (such as Google Business Profile, Google Calendar, and social accounts on Facebook, Instagram, LinkedIn, TikTok and YouTube — some of which are connected through our integration provider, Composio). We are not responsible for third-party services, their availability, or their acts or omissions, and your use of them is governed by their own terms and privacy policies. You may disconnect an integration at any time; connecting one authorizes us to exchange data with it as needed to provide the feature you enabled.
• Links on the Sites or on published pages to third-party sites are provided for convenience; we do not endorse and are not responsible for them.
• You are responsible for your custom domains, including registration, renewal, DNS configuration, and lawful use. We may suspend serving of any domain that violates these Terms or attracts abuse (e.g., denial-of-service activity, malware distribution, or registrar/host complaints).

13. Suspension & Termination

13.1 By you

You may stop using the Service and cancel at any time under Section 5.2. No refunds are provided (Section 6).

13.2 By us

We may suspend or terminate your access, disable your published pages, or terminate these Terms, effective immediately and without refund, if: (a) you materially breach these Terms (including Sections 5, 9, and 10); (b) your use poses a security, legal, or reputational risk to us, other customers, or any third party; (c) required by law or by our infrastructure or payment providers; or (d) your account has been inactive on a free plan or expired trial for an extended period. Where practicable and lawful, we will give notice and a reasonable opportunity to cure breaches that are curable. We may also terminate for convenience on at least 30 days' notice, in which case (as your sole remedy and as an exception to Section 6) we will refund a pro-rata portion of prepaid fees for the unused period after the effective date of termination.

13.3 Effect of termination

Upon termination or expiry: your licence ends; your published pages may be taken offline; and, following a wind-down period of up to 30 days during which you may request an export of your Customer Content and Lead Data (if your account is in good standing), we may permanently delete your content and data. Sections that by their nature should survive (including Sections 6–8, 9.3–9.9, 10, 11, and 14–21) survive termination.

14. Copyright Complaints

We respect intellectual-property rights and respond to notices of alleged infringement that comply with applicable law (including Canada's notice-and-notice regime and, where applicable, the DMCA). Send notices identifying the copyrighted work, the allegedly infringing material and its URL, your contact information, and a good-faith statement of unauthorized use, with your signature, to info@iconicdigitalworld.com (Subject: "Copyright Notice"). We may remove or disable access to allegedly infringing material and may terminate repeat infringers' accounts.

15. Disclaimer of Warranties

THE SERVICE, SITES, TEMPLATES, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE — INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA (INCLUDING LEAD DATA) WILL NOT BE LOST OR CORRUPTED; OR THAT OUTPUT WILL BE ACCURATE, RELIABLE, ORIGINAL, OR NON-INFRINGING, OR THAT ANY INSIGHT, CHECK, SCORE OR AUTOMATED FIX WILL IDENTIFY EVERY ISSUE, BE CORRECT, OR MAKE ANY PAGE COMPLIANT WITH ANY LAW, GUIDELINE OR STANDARD. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF YOUR CUSTOMER CONTENT AND LEAD DATA. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO INDIRECT DAMAGES. IN NO EVENT WILL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA, OR LEADS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• NO LIABILITY FOR YOUR USE, CONTENT, OR RESULTS. WE ARE NOT LIABLE FOR: WHAT YOU OR ANYONE ELSE DOES OR DOES NOT DO WITH THE SERVICE OR ANY OUTPUT; YOUR PUBLISHED PAGES, MARKETING CLAIMS, OFFERS, PRODUCTS, OR SERVICES; YOUR COMPLIANCE OR NON-COMPLIANCE WITH LAWS APPLICABLE TO YOUR BUSINESS; ANY INSIGHT, SCORE, REPORT, COMPLIANCE OR ACCESSIBILITY FINDING, OR THE ABSENCE OF ONE, AND ANY DECISION YOU OR ANYONE ELSE MAKES IN RELIANCE ON IT; ACTS OR OMISSIONS OF END USERS OR THIRD-PARTY SERVICES; OR ANY BUSINESS OUTCOME OR ABSENCE OF ONE.
• CAP. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REFLECT AN AGREED ALLOCATION OF RISK ON WHICH OUR PRICING IS BASED. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (SUCH AS LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, WHERE SUCH LIMITS ARE NOT PERMITTED). ANY CLAIM ARISING OUT OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, TO THE EXTENT PERMITTED BY LAW.

17. Indemnification

You will defend, indemnify, and hold harmless the Company and its affiliates, and their respective directors, officers, employees, agents, licensors, and suppliers, from and against any claims, demands, investigations, actions, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your Customer Content, published pages, products, services, offers, or marketing claims; (b) your collection, use, or handling of Lead Data, or your communications with End Users (including alleged violations of privacy, anti-spam, or telemarketing laws); (c) your use or publication of Output; (d) your breach of these Terms or violation of law; or (e) your infringement of any third-party right. We may assume the exclusive defence and control of any matter subject to indemnification (at your expense), and you agree to cooperate. You may not settle any such claim in a way that imposes obligations on us without our prior written consent.

18. Confidentiality & Feedback

Each party will protect the other's non-public information disclosed in connection with the Service with reasonable care and use it only as needed to perform under these Terms, subject to disclosures required by law. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation, and without obligation of confidentiality.

19. Governing Law & Dispute Resolution

19.1 Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal resolution first

Before filing any claim, you agree to contact us at info@iconicdigitalworld.com with a written description of the dispute and give us thirty (30) days to attempt to resolve it in good faith.

19.3 Forum

Subject to Section 19.4, any dispute not resolved informally will be submitted to the exclusive jurisdiction of the courts of the Province of Alberta, sitting in Calgary, Alberta, and each party irrevocably attorns to the personal jurisdiction of those courts. At our election, a dispute may instead be finally resolved by confidential binding arbitration in Calgary, Alberta before a single arbitrator under the Alberta Arbitration Act.

19.4 Class action waiver; injunctive relief

To the maximum extent permitted by law, disputes will be resolved on an individual basis only, and you waive any right to participate in a class, collective, or representative action against us. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction, or limits non-waivable rights under applicable consumer-protection law.

20. Changes to the Service or Terms

We may revise these Terms from time to time. The "Last Updated" date shows the latest revision. For material changes, we will give reasonable advance notice (e.g., by email or in-app notice), and the changes will take effect on the date stated in the notice. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms; if you do not agree, your sole remedy is to cancel under Section 5.2 before the changes take effect. We may also change, suspend, or discontinue all or part of the Service as described in Sections 3 and 13.

21. General Provisions

• Entire agreement. These Terms, the Privacy Policy, and any order or plan details you accept form the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous understandings. No marketing statement, case study, or informal communication modifies these Terms.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary (or severed) and the remainder will remain in effect.
• No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including internet or hosting failures, third-party provider outages, denial-of-service attacks, labour disputes, acts of government, epidemics, or natural disasters.
• Export & sanctions. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive Canadian, U.S., or other applicable sanctions, and are not on any restricted-party list, and you will not use the Service in violation of export-control or sanctions laws.
• Relationship. The parties are independent contractors; these Terms create no partnership, joint venture, agency, or employment relationship.
• No third-party beneficiaries. Except for indemnified parties under Section 17, these Terms confer no rights on any third party.
• Notices. We may give notice by email to your account address or in-app; you may give notice to info@iconicdigitalworld.com. Notice is deemed given when sent.
• Language. The parties have requested that these Terms be drawn up in English. Les parties ont exigé que la présente convention soit rédigée en anglais.

22. Contact

Iconic Digital World, Inc. (TrueMagna)
Alberta, Canada
Email: info@iconicdigitalworld.com