IceWolf Platform Service Agreement

Effective Date: 1 January 2018

This Service Agreement ("Agreement") is entered into between IceWolf ("Provider", "we", "us", "our") and the subscribing business entity identified upon registration ("Client", "you", "your"). By subscribing to or using the IceWolf platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Definitions

"Services" means the IceWolf website-building and hosting platform, including content management, e-commerce, forms, booking, analytics, and any related tools, features, or functionality made available by the Provider.

"Subscription Term" means the twelve (12) month period commencing on the date of activation or renewal of the Client's subscription.

"Site" means any website created, hosted, or managed by the Client through the Services.

2. Services and Platform Updates

2.1. The Provider grants the Client a non-exclusive, non-transferable right to use the Services for the duration of the Subscription Term, subject to this Agreement.

2.2. The Provider is committed to continuously improving the platform. To that end, the Provider reserves the right to update, modify, enhance, or change any aspect of the Services at any time, including deploying new features, redesigning existing functionality, or retiring components. Where practicable, we will endeavour to provide reasonable notice of changes that materially affect the Client's use of the Services.

2.3. The Services are provided on an "as is" and "as available" basis. The Provider does not warrant that the Services will be uninterrupted, error-free, or free from vulnerabilities.

3. Subscription Term and Expiry

3.1. Subscriptions are provided on an annual basis. Each Subscription Term runs for twelve (12) months from the date of activation or most recent renewal.

3.2. Renewal of the subscription requires mutual agreement and payment of the applicable fees prior to the expiry of the current Subscription Term.

3.3. Upon expiry of the Subscription Term, if the subscription is not renewed by either party, this Agreement shall automatically terminate. The Provider shall have no further obligations to the Client, including but not limited to hosting, maintaining, or preserving the Client's Site or any associated data. The Provider may take the Site offline at any time following expiry.

3.4. It is the Client's responsibility to export or back up any content or data prior to the expiry of the Subscription Term.

4. Termination

4.1. Termination by Provider. The Provider may terminate this Agreement immediately and without refund if:

4.2. Termination by Client. The Client may terminate this Agreement at any time by providing written notice to the Provider. No pro-rata refunds will be issued for any unused portion of the Subscription Term.

4.3. Upon termination for any reason, the Client's access to the Services will cease and the Provider may remove the Client's Site and associated data.

4.4. Any obligations or liabilities incurred prior to the date of termination shall survive termination of this Agreement.

5. Client Responsibilities

5.1. The Client shall provide accurate and up-to-date registration and account information.

5.2. The Client is solely responsible for all content published on their Site, including compliance with applicable laws and regulations, intellectual property rights, and the rights of third parties.

5.3. The Client shall not use the Services for any purpose that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

5.4. The Client is responsible for providing their own legally compliant privacy policy, cookie policy, and terms of service to their end users where required by law.

6. Limitation of Liability

6.1. To the fullest extent permitted by Irish law, the Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with the Services or this Agreement.

6.2. The Provider's total aggregate liability under this Agreement shall not exceed the fees paid by the Client during the twelve (12) months immediately preceding the event giving rise to the claim.

6.3. Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under Irish law.

7. Data Protection

7.1. The Provider shall process any personal data received from the Client in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Irish Data Protection Act 2018.

7.2. The Client acknowledges that they act as the data controller in respect of any personal data collected through their Site and shall comply with all applicable data protection legislation.

7.3. Further details on how the Provider handles personal data are set out in the Provider's Privacy Policy, available on the Provider's website.

8. Payment Processing

8.1. The Services use Stripe (Stripe Payments Europe, Ltd.) as the third-party payment processor for handling subscription payments and, where the Client enables e-commerce, customer transactions through the Client's Site.

8.2. By subscribing to the Services, the Client agrees to be bound by Stripe's Terms of Service and Privacy Policy, as amended by Stripe from time to time. It is the Client's responsibility to review and understand these terms.

8.3. The Client acknowledges that payment data, including card details, transaction records, and related financial information, is collected, stored, and processed directly by Stripe in accordance with Stripe's own data handling and security practices, including PCI DSS compliance. The Provider does not store or have access to full payment card details.

8.4. The Provider is not responsible for Stripe's handling of payment data, any changes to Stripe's terms or policies, or any loss or liability arising from Stripe's services. Any disputes regarding payment processing shall be directed to Stripe.

8.5. If Stripe is replaced with an alternative payment processor, the Provider will notify the Client in advance. The Client's continued use of the Services following such change constitutes acceptance of the replacement processor's terms.

9. Amendments

9.1. The Provider reserves the right to amend this Agreement from time to time. We will provide reasonable notice of any material changes by email or through the Services.

9.2. Continued use of the Services following such notice constitutes acceptance of the amended terms. If the Client does not agree with any amendments, the Client's remedy is to terminate this Agreement in accordance with Section 4.2.

10. General Provisions

10.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland. The parties submit to the exclusive jurisdiction of the courts of Ireland for the resolution of any disputes arising out of or in connection with this Agreement.

10.2. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.3. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations.

10.4. Assignment. The Client may not assign or transfer this Agreement without the prior written consent of the Provider. The Provider may assign this Agreement to any successor or affiliate.

10.5. Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

10.6. Force Majeure. The Provider shall not be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from circumstances beyond its reasonable control.

By subscribing to the IceWolf platform, the Client confirms acceptance of this Agreement.