Terms of Service

1This agreement

In short: Using the platform means accepting these terms. A signed order form, if you have one, wins where they differ.

These Terms of Service (the “Terms”) are a legal agreement between you and ICAN MENA (“ICAN”, “we”, “us”), a company registered in the United Arab Emirates with its office at 504 Al Nasr Plaza, Oud Metha, Dubai, United Arab Emirates.

They govern access to and use of the ICAN platform, this website, and any application, feature or documentation we make available (together, the “Services”). They apply whether you use the Services as an individual or on behalf of an organisation.

By creating an account, signing in, or using the Services, you accept these Terms.If you are accepting on behalf of an organisation, you confirm you have authority to bind it, and “you” means that organisation.

Order of precedence. If you have signed a separate written agreement, order form, statement of work or data-processing agreement with us, that document prevails over these Terms to the extent of any conflict. These Terms otherwise apply in full.

2What the Services are

The Services comprise the products in the ICAN platform:

• People — recruitment, onboarding and employee records
• Portal — the expert and consultant marketplace, including engagements and sessions
• Performance — goals, reviews and scorecards
• Programs — coaching, mentoring and learning programmes
• Potential — competency frameworks and skills mapping
• Pulse — engagement surveys and feedback
• Pay — compensation review and rewards planning
• Plan — scheduling and shared availability
• Pipeline — client relationship management
• Projects — project and delivery management
• Play — business simulations

Not every product is available to every customer. What you can use depends on what your organisation has enabled or subscribed to. Some products are marked as forthcoming; nothing in our marketing is a commitment to deliver a specific feature by a specific date.

Our consulting, recruitment, coaching and delivery engagements are provided under separate engagement letters or statements of work, not under these Terms, although these Terms govern any use of the platform that forms part of such an engagement.

3Accounts and access

The Services are for organisations and the people who work for them. You must be at least 18 and provide accurate registration information, including a working business email address.

Account security is yours. You are responsible for keeping your credentials confidential and for everything done under your account. Do not share logins. Tell us immediately at info@icanmena.com if you suspect unauthorised access. We strongly recommend enabling two-factor authentication, and an organisation may require it of its administrators.

Organisation administrators can see and control your account activity within their organisation, can change your permissions, and can remove your access. If you use a work email to access the Services, your employer may exercise these rights over that account.

We may decline to create, or may close, an account where the registration details are false, where a consumer email provider is used in place of a business address, or where these Terms are breached.

4Acceptable use

In short: Do not break the law, attack the platform, or upload data you have no right to hold.

You must not, and must not permit anyone else to:

• Use the Services unlawfully, or in breach of any data protection, employment, or anti-discrimination law.
• Upload personal data you have no lawful basis to process, or that you are contractually barred from disclosing.
• Attempt to access another organisation’s data, probe or bypass access controls, or test security without our written permission.
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except where that restriction is unenforceable by law.
• Resell, sublicense, or provide the Services to a third party as a service bureau, unless your agreement says otherwise.
• Upload malicious code, or content that is defamatory, harassing, obscene, or infringes someone’s rights.
• Scrape, crawl, or bulk-extract data other than through features we provide for that purpose.
• Interfere with the operation or integrity of the Services, including by circumventing rate limits or usage quotas.
• Use output from the Services as the sole basis for a decision that has a legal or similarly significant effect on a person.

Suspension.We may suspend access immediately, without notice, where we reasonably believe continued access presents a security risk, threatens the integrity of the Services or another customer’s data, or is unlawful. We will tell you why as soon as we reasonably can and restore access once the cause is resolved.

5Your data stays yours

In short: You own what you put in. We only use it to run the Services for you. We do not use it to train AI models.

Ownership.You retain all rights in the data, documents and content you or your users submit to the Services (“Customer Data”). We claim no ownership over it.

The licence you give us. You grant us a limited, non-exclusive licence to host, copy, transmit, display and process Customer Data solely to provide, secure, support and maintain the Services for you, and as your data-processing agreement instructs. That licence ends when the data is deleted or your agreement terminates.

We do not train AI models on your data. Customer Data is not used to train or improve our models or those of our providers, and our contracts with AI providers prohibit it.

Your responsibilities as controller. You are responsible for the accuracy and legality of Customer Data, for having a lawful basis to process it, for issuing any notices and obtaining any consents your own law requires, and for responding to the requests of the people it concerns. Our role and yours are set out in the Privacy Policy.

Aggregated statistics. We may compile anonymous, aggregated statistics about how the Services are used to operate and improve them. Such statistics never identify you, your organisation, or any individual, and are not derived in a way that would allow re-identification.

Export and deletion. While your agreement is active you can export your data using the features provided. On termination we will delete or return Customer Data as described in the Privacy Policy and your agreement.

6AI features

Some features use artificial intelligence to structure documents, draft text, summarise information or suggest matches. These features are decision support, not decision makers.

AI output can be wrong, incomplete or misleading. You must review it before relying on it, and you must not use it as the sole basis for a decision producing legal or similarly significant effects on a person — including hiring, rejection, promotion, discipline, or compensation. You remain responsible for decisions you make.

We do not warrant that AI output is accurate, complete, current or fit for a particular purpose, and we exclude liability for decisions taken on the basis of it to the fullest extent the law allows.

7Our intellectual property

The Services — including the software, interfaces, design, documentation, methodologies, competency frameworks, templates and the ICAN name and marks — are owned by us or our licensors and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable right to use them during your subscription, for your internal business purposes only.

Nothing in these Terms transfers ownership of the Services to you. You may not use our name, logo or marks without our written permission, other than to state factually that you are a customer.

Feedback. If you send us suggestions for improvement, we may use them without restriction or obligation to you. This does not give us any rights in your Customer Data or confidential information.

8Fees, invoicing and taxes

Fees, the billing period and the currency are set out in your order form, subscription or statement of work. Where a product is offered on a free trial, we will tell you the length of the trial and what happens at its end.

Invoices are payable within the period stated on them, or within 30 days of the invoice date if none is stated. Fees are exclusive of VAT and any other applicable tax or duty, which you are responsible for paying. Where you are required to withhold tax, the amount payable to us is grossed up so we receive the sum we would have received absent the withholding.

Late payment.We may charge interest on overdue amounts at 1% per month, and may suspend access after giving you at least 14 days’ written notice and an opportunity to pay.

Changes to fees.We may change fees on renewal, giving at least 30 days’ written notice before the renewal date. If you do not accept the change, you may choose not to renew.

Except where the law requires otherwise, fees already paid are non-refundable.

9Availability and support

We work to keep the Services available and performing well, and platform data is hosted in the European Union (Frankfurt, Germany). Unless your agreement contains a specific service level commitment, the Services are provided without a guaranteed uptime figure.

We may carry out maintenance, and will give reasonable advance notice of planned maintenance likely to cause material disruption. We may modify, add to or discontinue features. Where we discontinue a feature you materially rely on, we will give at least 30 days’ notice where practicable.

Support is provided by email at info@icanmena.com during business hours in the Gulf, or as your agreement specifies.

10Confidentiality

Each party may receive information the other treats as confidential. Each will use the other’s confidential information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations.

These obligations do not apply to information that is or becomes public through no breach, was already lawfully known, is independently developed, or is lawfully obtained from a third party. Where disclosure is legally compelled, the disclosing party will give notice where it is permitted to do so and disclose only what is required.

These obligations survive termination for three years, and indefinitely for personal data and trade secrets.

11Warranties and disclaimers

We warrant that we will provide the Services with reasonable skill and care, and that we have the right to grant the rights we grant here.

Otherwise, and to the fullest extent permitted by law, the Services are provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that output — particularly AI output — will be accurate or suitable for your purpose. The Services are not legal, tax, accounting or medical advice, and must not be relied on as such.

Nothing here excludes a warranty or right that cannot lawfully be excluded.

12Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

Subject to that, and to the fullest extent permitted by law:

• Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, business, goodwill or reputation, however arising.
• Our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the amounts you paid us for the Services in the twelve months immediately before the event giving rise to the claim.
• Where you have paid us nothing, our aggregate liability is limited to USD 100.

These limits apply in aggregate across all claims and reflect the allocation of risk between us, which is reflected in the fees.

13Indemnity

You will indemnify us against claims, losses and reasonable costs arising from Customer Data you submit, your use of the Services in breach of these Terms or of applicable law, or your infringement of a third party’s rights. We will notify you promptly of any such claim, allow you to control its defence with counsel of your choice, and give you reasonable cooperation at your expense. You may not settle a claim in a way that imposes liability or an admission on us without our written consent.

14Term, termination and what happens after

These Terms apply from the moment you first use the Services and continue while you have an account or an active subscription.

You may terminate by closing your account, or as your order form provides. Fees already incurred remain payable.

We may terminateon 30 days’ written notice, or immediately if you materially breach these Terms and do not cure the breach within 14 days of written notice, or if you become insolvent.

On termination your right to use the Services ends immediately. You will have 30 days to export Customer Data, after which we will delete or return it in accordance with your agreement and the Privacy Policy, save where the law requires us to keep a copy.

The sections on Customer Data ownership, our intellectual property, confidentiality, warranties, liability, indemnity and governing law survive termination.

15Changes to these Terms

We may update these Terms as the Services or the law change. Where a change is material we will give at least 30 days’ notice — by email to account holders, or by a prominent notice in the platform — before it takes effect. If you do not accept a material change, you may terminate before it takes effect. Continuing to use the Services after that date means the updated Terms apply. The effective date at the top always reflects the current version.

16General

Governing law and jurisdiction. These Terms and any dispute arising out of them are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, and the courts of Dubai have exclusive jurisdiction. Nothing prevents either party from seeking urgent injunctive relief in any competent court. If you are a consumer resident in the EEA or the UK, this clause does not deprive you of the protection of mandatory provisions of your local law.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.

Entire agreement. These Terms, together with any order form, statement of work, or data-processing agreement, are the whole agreement between us on their subject matter, and replace any prior understanding.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest remains in force.

No waiver. A failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate.

No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.

Notices. Legal notices to us should be sent to info@icanmena.com and to 504 Al Nasr Plaza, Oud Metha, Dubai, United Arab Emirates. Notices to you may be sent to the email on your account.

17How to contact us

ICAN MENA
504 Al Nasr Plaza, Oud Metha, Dubai, United Arab Emirates
info@icanmena.com