Terms of Service

Definitions

For purposes of these Terms of Service, the following definitions apply:

• Company, We, Us, or Our refers to Iklean LLC, a Utah limited liability company.
• You or Your refers to the individual accessing or using our website and services, or the legal entity on behalf of which such individual is accessing or using our website and services.
• Services refers to the computer systems design, systems integration, cloud infrastructure engineering, network architecture, technical consulting, and related professional services offered by Iklean LLC.
• Website refers to www.iklean.hair and all subdomains, subpages, and content accessible through this domain.
• Client refers to any individual or entity that has entered into a formal service agreement or statement of work with Iklean LLC.
• Deliverables refers to all work products, documentation, designs, architectures, configurations, reports, code, and other materials produced by Iklean LLC in the course of providing Services.

Acceptance of Terms

By accessing or using the Website, submitting an inquiry through our contact forms, requesting a consultation, or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into a binding contract. If you are accepting these terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms.

We reserve the right to modify these Terms of Service at any time at our sole discretion. Changes become effective immediately upon posting to the Website. Your continued use of the Website or Services after any modification constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically for updates.

Website Use and Access

Permitted Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes, subject to these Terms of Service. This license does not include any right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website for commercial purposes without our express written consent
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission
• Attempt to interfere with, compromise, or disrupt the proper working of the Website, its servers, or any networks connected to the Website
• Bypass any measures we may use to prevent or restrict access to the Website
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use
• Use the Website to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
• Attempt to gain unauthorized access to any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website

Account Security

If you are provided with login credentials for any client portal, project management platform, or other restricted area of our systems, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. Iklean LLC shall not be liable for any loss or damage arising from your failure to comply with these security obligations.

Professional Services

Scope of Engagement

All professional services provided by Iklean LLC are governed by a separate written agreement, statement of work, or engagement letter executed by both parties. The scope, deliverables, timeline, fees, and other material terms of any professional services engagement will be specified in such written agreement. In the event of any conflict between these Terms of Service and the terms of a written service agreement, the written service agreement shall control.

Proposals and Estimates

Any proposals, estimates, ballpark figures, or preliminary assessments provided by Iklean LLC prior to the execution of a formal service agreement are for informational and planning purposes only and do not constitute a binding offer or contract. Actual project costs, timelines, and resource requirements may vary based on factors discovered during detailed discovery and assessment.

Client Responsibilities

Clients engaging our professional services agree to:

• Provide timely access to relevant systems, facilities, personnel, and information necessary for Iklean LLC to perform the agreed-upon services
• Designate a primary point of contact with decision-making authority for the duration of the engagement
• Review and respond to deliverables, inquiries, and approval requests within agreed-upon timeframes
• Ensure that any third-party products, services, or environments provided by the Client are properly licensed, configured, and maintained
• Implement reasonable security measures and backup procedures for Client systems and data

Change Orders

Any changes to the scope, deliverables, or timeline of an engagement beyond what is specified in the governing service agreement shall require a written change order executed by both parties. Iklean LLC reserves the right to adjust fees, timelines, and resource allocation to reflect the impact of scope changes, delays caused by the Client, or unforeseen technical circumstances.

Intellectual Property

Our Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, is the exclusive property of Iklean LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The iKlean name, the Iklean LLC name, and all related logos, slogans, and service marks are trademarks of Iklean LLC. You may not use any of our trademarks without our prior written permission.

Deliverables and Work Product

Unless otherwise specified in a written service agreement, upon full payment for services rendered, Iklean LLC grants the Client a perpetual, non-exclusive, non-transferable license to use the Deliverables for the Client's internal business purposes. Iklean LLC retains ownership of all pre-existing intellectual property, methodologies, tools, frameworks, templates, and know-how used in the creation of Deliverables, including any improvements or modifications made during the engagement. The Client retains ownership of all Client-provided materials and confidential information.

Feedback and Suggestions

Any feedback, comments, ideas, suggestions, or recommendations you provide to Iklean LLC regarding the Website or our Services may be used by us without restriction, attribution, or compensation to you. By submitting feedback, you grant Iklean LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such feedback for any purpose.

Confidentiality

In the course of providing Services, Iklean LLC may receive confidential information from Clients, including but not limited to business plans, technical specifications, system configurations, security information, financial data, trade secrets, and proprietary processes. Iklean LLC agrees to:

• Use confidential information solely for the purpose of performing the Services
• Protect confidential information using at least the same degree of care used to protect our own confidential information of a similar nature, but in no event less than reasonable care
• Limit access to confidential information to employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations
• Not disclose confidential information to any third party without the Client's prior written consent, except as required by law

Confidential information does not include information that is or becomes publicly available through no fault of Iklean LLC, was already in our possession without confidentiality restrictions, is independently developed by us without use of the confidential information, or is rightfully obtained from a third party without confidentiality restrictions.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Iklean LLC, its members, managers, officers, employees, agents, contractors, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the website, our services, or these terms of service, regardless of the theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the aggregate liability of Iklean LLC for any claims arising out of or relating to these terms of service or the services, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Iklean LLC for the specific services giving rise to the claim during the twelve months immediately preceding the event that gave rise to the claim, or one thousand dollars if no fees have been paid.

The limitations and exclusions set forth in this section shall apply even if the remedies provided under these terms fail of their essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the limitations set forth above may not apply to you.

Disclaimer of Warranties

The website and all content, materials, information, and services provided through the website are provided on an as is and as available basis, without any representations, warranties, or conditions of any kind, either express or implied. To the fullest extent permitted by applicable law, Iklean LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Iklean LLC does not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components; that any defects or errors will be corrected; that the information on the website is accurate, complete, reliable, or current; or that the results obtained from the use of the website or services will meet your expectations or requirements. You assume total responsibility and risk for your use of the website and any reliance on the information contained therein.

For professional services engagements, specific warranties, if any, will be set forth in the governing service agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Iklean LLC, its members, managers, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys fees, arising out of or relating to:

• Your use of the Website or Services in violation of these Terms of Service
• Your violation of any applicable law, regulation, or third-party right
• Any content, materials, or information you submit, post, or transmit through the Website
• Your breach of any representations, warranties, or covenants set forth in these Terms of Service
• Any negligent, reckless, or intentionally wrongful act or omission by you

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any indemnified claim without our prior written consent.

Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination of these Terms of Service shall not affect any rights or obligations that have accrued prior to the date of termination, nor shall it affect the terms of any separate service agreement between you and Iklean LLC, which shall be governed by its own termination provisions.

Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Iklean LLC and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you through email or other reasonable means. If the dispute is not resolved within thirty days of submission, either party may proceed with formal action.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Salt Lake County, Utah, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between Iklean LLC and you individually. You agree that you may bring claims against Iklean LLC only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or consolidated proceeding. Unless both you and Iklean LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Force Majeure

Iklean LLC shall not be liable for any failure or delay in performance of its obligations under these Terms of Service or any service agreement that is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, utility failures, internet or telecommunications failures, denial-of-service attacks, hardware or software failures, government actions, or supply chain disruptions.

Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Iklean LLC to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any written service agreement executed by the parties, constitute the entire agreement between you and Iklean LLC regarding your use of the Website and our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No waiver of any provision of these Terms of Service shall be effective unless in writing and signed by an authorized representative of Iklean LLC.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. Iklean LLC may assign or transfer these Terms of Service, in whole or in part, without restriction, including to a successor entity in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms of Service shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Contact Information

For questions about these Terms of Service, please contact us at the address above or via email at reach@iklean.hair. We endeavor to respond to all inquiries within two business days.