Terms of Use
Last updated: February 21, 2026
Effective Date: February 21, 2026.
Effective Date: February 15, 2026.
1.1 Agreement to Terms
These Terms of Use (these "Terms" or this "Agreement") constitute a legally binding agreement between you and ACFC Global, the entity that owns and operates the ICM Desk platform ("ICM Desk," "Platform," "we," "us," or "our"). By accessing, browsing, or using the ICM Desk platform located at icmdesk.com (or such other URL as we may designate from time to time), including any associated portals, tools, features, or services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms or the Privacy Policy, you must not access or use the Platform. Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of such changes.
1.2 Clickwrap Acceptance
Access to certain areas of the Platform, including the Company Portal and the Client Portal, requires your affirmative acceptance of these Terms through a clickwrap mechanism (e.g., by checking a box or clicking an "I Agree" button). By completing such acceptance, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.
1.3 Eligibility
You represent and warrant that:
(a) you are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater;
(b) you have the legal capacity and authority to enter into a binding agreement;
(c) if you are accessing the Platform as a Company User (including as an Administrator or Staff User), you are duly authorized by your employer, company, or organization (your "Company") to use the Platform on its behalf and to bind such Company to these Terms to the extent applicable; and
(d) your use of the Platform does not violate any applicable law or regulation in your jurisdiction.
1.4 Relationship to Other Agreements
These Terms govern the relationship between ICM Desk and each individual user of the Platform. They operate alongside, but are distinct from, the following documents:
(a) Platform Service Agreement ("PSA"): If your Company has entered into a PSA with ICM Desk, the PSA governs the business-to-business relationship between ICM Desk and your Company. In the event of any conflict between these Terms and the PSA, the PSA shall prevail as between ICM Desk and the Company, but these Terms shall continue to govern your individual use of the Platform.
(b) Privacy Policy: Our Privacy Policy describes how we collect, use, store, and protect personal information in connection with the Platform. The Privacy Policy is incorporated by reference into these Terms. By accepting these Terms, you also confirm that you have read and accepted the Privacy Policy.
For End Clients who are not parties to a PSA, these Terms and the Privacy Policy constitute the entire agreement between you and ICM Desk with respect to your use of the Platform.
2. Description of the Platform and Services
2.1 Overview
ICM Desk is a cloud-based, software-as-a-service (SaaS) platform designed to assist immigration law firms, immigration consultancies, human resources departments, relocation agencies, and global mobility companies (each, a "Company") in managing visa and immigration-related services. The Platform provides tools for case management, document preparation, workflow automation, client communication, and related functionalities.
2.2 Key Features
The Platform may include, among other features, the following:
(a) case tracking and workflow management tools;
(b) document preparation and formatting systems;
(c) form completion assistance for visa-related applications;
(d) AI-Powered Services that use artificial intelligence to automatically generate, format, or organize documents based on user inputs;
(e) AI-Assisted Services that combine artificial intelligence with human oversight to enhance document preparation;
(f) secure data storage and encryption for case files and personal information;
(g) integration with the U.S. Citizenship and Immigration Services ("USCIS") Case Status API for automated case status tracking; and
(h) communication tools enabling interaction between Company Users and End Clients.
We reserve the right to modify, enhance, replace, or discontinue any feature or functionality of the Platform at any time, with or without notice, provided that such modifications do not materially diminish the core functionality of the Platform as a whole.
2.3 Platform Is Not a Law Firm; No Legal Advice
ICM DESK IS A TECHNOLOGY PLATFORM AND DOES NOT CONSTITUTE A LAW FIRM, LEGAL PRACTICE, OR LEGAL SERVICES PROVIDER. NOTHING AVAILABLE THROUGH THE PLATFORM SHOULD BE CONSTRUED AS LEGAL ADVICE, LEGAL OPINION, LEGAL REPRESENTATION, OR LEGAL CONSULTATION OF ANY KIND. USE OF THE PLATFORM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND ICM DESK.
The Platform is a technology tool for document preparation, workflow management, and case tracking. If you are an End Client, your Company is the entity providing you with immigration-related services. Any questions regarding your immigration matter should be directed to your Company and, where applicable, to a qualified legal professional.
2.4 No Guarantee of Visa or Immigration Outcomes
ICM DESK MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE APPROVAL, ACCEPTANCE, PROCESSING TIME, OR SUCCESS OF ANY VISA APPLICATION, PETITION, OR OTHER IMMIGRATION SUBMISSION PREPARED, PROCESSED, OR TRACKED USING THE PLATFORM. VISA AND IMMIGRATION DECISIONS ARE MADE SOLELY BY THE RELEVANT GOVERNMENT AUTHORITIES BASED ON THEIR OWN EVALUATION CRITERIA, POLICIES, AND PROCEDURES. ICM DESK HAS NO CONTROL OVER AND CANNOT INFLUENCE SUCH GOVERNMENTAL DECISIONS.
You acknowledge that ICM Desk shall not be held liable in any manner for any denial, rejection, delay, request for evidence, or other adverse outcome of any immigration matter, regardless of whether documents, information, or forms were prepared, processed, or tracked through the Platform.
2.5 USCIS Case Status API Integration
The Platform may integrate with the USCIS Case Status API to provide automated case status tracking. This integration is provided for informational convenience only. You acknowledge and agree that:
(a) case status information retrieved through the USCIS API is provided by USCIS and is subject to USCIS availability, terms of service, and data accuracy;
(b) ICM Desk does not guarantee the accuracy, completeness, or timeliness of case status information displayed through this integration;
(c) temporary unavailability of the USCIS API shall not constitute a breach of these Terms or any obligation by ICM Desk; and
(d) for authoritative case status information, you should consult the USCIS website or contact USCIS directly.
3. User Accounts, Registration, and Credentials
3.1 Account Types
The Platform supports multiple categories of user accounts, each with different access levels and permissions:
(a) Administrator ("Admin"): A designated user within a Company who holds administrative privileges to manage the Company Portal, including the ability to add, remove, and manage Staff Users and End Clients, configure workflow settings, and manage billing information.
(b) Staff User: An employee, contractor, or authorized representative of a Company who is granted access to the Company Portal to manage cases, prepare documents, and interact with End Clients.
(c) End Client ("Client"): An individual whose immigration matter is managed by a Company through the Platform and who may access the Client Portal to view case status, upload documents, and communicate with the Company.
3.2 Account Registration and Accuracy of Information
When creating or registering an account, or when providing information through the Platform, you agree to:
(a) provide truthful, accurate, current, and complete information as requested;
(b) promptly update your information to keep it accurate and current; and
(c) not impersonate any person or entity, or falsely state or misrepresent your identity, affiliation, or authority.
ICM Desk reserves the right to suspend or terminate any account if we have reasonable grounds to believe that the information provided is inaccurate, incomplete, outdated, or misleading.
3.3 Account Security and Credentials
You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other authentication factors. You agree to:
(a) use strong, unique passwords and enable any additional security features offered by the Platform;
(b) not share your login credentials with any other person or allow any other person to access your account;
(c) not use another person's account without proper authorization;
(d) immediately notify ICM Desk at inquiry_icmdesk@acfcglobal.com if you become aware of or reasonably suspect any unauthorized access to or use of your account or any other security breach; and
(e) take all reasonable steps to prevent unauthorized access to your account, including logging out of the Platform at the end of each session when using shared or public devices.
You acknowledge and agree that you are responsible for all activities that occur under your account, whether or not authorized by you. ICM Desk shall not be liable for any loss, damage, or liability arising from your failure to maintain the security of your account credentials.
3.4 Company Users
If you access the Platform as a Staff User or Administrator, you represent and warrant that you are authorized by your Company to use the Platform in connection with your Company's business. Your access may be managed, modified, or revoked at any time by your Company's Administrator(s) or by ICM Desk. In the event of any conflict between these Terms and instructions from your Company, you should contact your Company.
3.5 End Client Access
If you are an End Client, your access to the Client Portal is provided through and managed by your Company. Your access may be limited to specific functionalities, such as viewing case status, uploading documents, and communicating with your Company. If you have questions about the scope of your access or the services provided, please contact your Company directly.
3.6 Account Suspension and Termination
ICM Desk reserves the right, at its sole discretion, to suspend, restrict, or terminate any user account at any time, with or without prior notice, for any reason, including but not limited to:
(a) violation of these Terms or any applicable Platform policy;
(b) conduct that is harmful, threatening, abusive, or otherwise objectionable;
(c) suspected unauthorized access or fraudulent activity;
(d) inactivity for an extended period;
(e) request from your Company (for Company Users and End Clients); or
(f) as required by law or governmental authority.
4. Acceptable Use Policy and Prohibited Conduct
This Section 4 constitutes the Acceptable Use Policy ("AUP") referenced in the Platform Service Agreement and other Platform policies. It applies to all users of the Platform, regardless of account type.
4.1 Permitted Uses
You may use the Platform solely for the following purposes, as applicable to your account type:
(a) if you are a Company User: to manage immigration cases, prepare documents, communicate with End Clients, and perform other functions authorized by your Company and this Agreement;
(b) if you are an End Client: to view your case status, upload documents and information as requested by your Company, communicate with your Company, and review or approve documents prepared on your behalf; and
(c) any other purpose that is consistent with the intended functionality of the Platform and with applicable law.
4.2 Prohibited Conduct
You agree that you will not, and will not permit, encourage, or assist any third party to:
4.2.1 Security and Integrity Violations
(a) attempt to gain unauthorized access to the Platform, other user accounts, or any systems, servers, or networks connected to the Platform;
(b) interfere with or disrupt the integrity, performance, security, or availability of the Platform or any related systems or networks;
(c) introduce any virus, worm, Trojan horse, malware, ransomware, or any other harmful or malicious code into the Platform;
(d) probe, scan, or test the vulnerability of the Platform or any related system or network, or breach any security or authentication measures;
(e) use any automated means, including bots, robots, spiders, scrapers, or crawlers, to access, monitor, copy, or extract data from the Platform, except as expressly permitted by ICM Desk in writing; or
(f) circumvent, disable, or interfere with any security features, access controls, or technical limitations of the Platform.
4.2.2 Intellectual Property and Reverse Engineering
(a) attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, underlying algorithms, structure, or ideas of the Platform or any component thereof;
(b) modify, adapt, translate, or create derivative works based on the Platform or any part thereof;
(c) remove, obscure, or alter any copyright, trademark, or other proprietary notices displayed on or within the Platform;
(d) copy, reproduce, distribute, or publicly display any part of the Platform except as expressly authorized by these Terms; or
(e) use the Platform to develop, train, or improve a competing product or service, directly or indirectly.
4.2.3 Misuse and Fraud
(a) use the Platform for any unlawful, fraudulent, or deceptive purpose;
(b) submit false, misleading, inaccurate, or fabricated information through the Platform, including in connection with any immigration application or proceeding;
(c) impersonate any person or entity, or falsely claim an affiliation with any person, entity, or organization;
(d) use the Platform to facilitate immigration fraud or any violation of immigration laws or regulations;
(e) sublicense, rent, lease, sell, assign, transfer, or otherwise make the Platform (or any portion thereof) available to any unauthorized third party; or
(f) use the Platform in any manner that exceeds the scope of access granted to you under these Terms or your Company's agreement with ICM Desk.
4.2.4 Content and Conduct
(a) upload, transmit, or otherwise make available through the Platform any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
(b) upload, transmit, or store any content that infringes any patent, trademark, copyright, trade secret, or other intellectual property right of any third party;
(c) use the Platform to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or
(d) engage in conduct that restricts, inhibits, or interferes with any other user's use or enjoyment of the Platform.
4.3 Content Responsibility
You are solely responsible for all data, information, documents, and other content that you submit, upload, transmit, or otherwise make available through the Platform (collectively, "User Content"). You represent and warrant that:
(a) you have all necessary rights, licenses, consents, and permissions to submit such User Content to the Platform;
(b) your User Content does not violate any applicable law, regulation, or third-party right; and
(c) your User Content is accurate and not misleading.
ICM Desk does not monitor, verify, or endorse User Content. However, we reserve the right to review, remove, or disable access to any User Content that we believe, in our sole discretion, violates these Terms or applicable law.
4.4 Consequences of Violation
Violation of this Acceptable Use Policy may result in one or more of the following actions, at ICM Desk's sole discretion:
(a) issuance of a written warning;
(b) temporary suspension of your access to the Platform;
(c) permanent termination of your account;
(d) notification to your Company (if you are a Company User or End Client);
(e) removal or disabling of any offending content;
(f) reporting to law enforcement authorities if we believe that a violation involves criminal activity; and
(g) pursuit of any other remedies available at law or in equity.
5. Artificial Intelligence Services
5.1 Description of AI Services
The Platform incorporates artificial intelligence capabilities to assist with document preparation, content generation, form completion, data analysis, and other immigration-related workflows. These capabilities are provided through:
(a) AI-Powered Services: Features that use artificial intelligence to automatically generate, format, organize, or complete documents and forms based on user inputs, without requiring concurrent human intervention during the automated process.
(b) AI-Assisted Services: Features that combine artificial intelligence technology with human oversight and assistance to prepare, review, and refine immigration-related documents.
Collectively, these are referred to as "AI Services."
5.2 Third-Party AI Providers
AI Services may utilize one or more third-party artificial intelligence service providers, which may change over time. ICM Desk may, at its discretion and subject to confidentiality and competitive considerations, make available information regarding its current AI providers to parties who demonstrate a legitimate interest in such information, including for purposes of data protection compliance. Requests should be directed to inquiry_icmdesk@acfcglobal.com and will be evaluated on a case-by-case basis. End Clients seeking information about AI providers used in connection with their data should direct such inquiries to their Company in the first instance.
Third-party AI providers operate under their own terms of service and privacy policies, which govern how they handle data received in connection with API requests. ICM Desk does not independently provide User Content or personal data to AI providers for the purpose of training, developing, or improving their models. Any data processing by AI providers in connection with our API requests is governed by the terms between ICM Desk and the respective AI provider.
5.3 Limitations and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT AI SERVICES USE ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES THAT MAY PRODUCE ERRORS, INACCURACIES, INCONSISTENCIES, OR UNEXPECTED RESULTS. AI-GENERATED CONTENT IS PROVIDED ON AN "AS IS" BASIS AND MUST BE INDEPENDENTLY REVIEWED AND VERIFIED BY QUALIFIED PERSONNEL BEFORE USE, SUBMISSION TO ANY GOVERNMENT AUTHORITY, OR RELIANCE THEREON.
ICM DESK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR APPROPRIATENESS OF ANY CONTENT GENERATED, SUGGESTED, OR PRODUCED BY AI SERVICES FOR ANY PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF AND RELIANCE ON AI SERVICES AND AI-GENERATED CONTENT.
Without limiting the foregoing, you agree that:
(a) you will review all AI-generated content for accuracy, completeness, and appropriateness before using, submitting, or relying on such content;
(b) you will not submit AI-generated content to any government authority, court, or third party without independent human review and verification;
(c) AI Services may be temporarily unavailable due to third-party provider limitations, maintenance, or other factors beyond ICM Desk's control; and
(d) ICM Desk shall have no liability for any errors, omissions, or adverse consequences arising from AI-generated content, except to the extent caused by ICM Desk's gross negligence or willful misconduct.
5.4 AI Credits
Certain AI Services may require the consumption of AI Credits, which are units of measure used to calculate usage. AI Credits are purchased on a pay-as-you-go basis and are governed by the terms set forth in your Company's Platform Service Agreement and applicable Fee Schedule. AI Credits are consumed only upon effective use and successful processing of an AI Service request. For questions regarding AI Credit balance or usage, please contact your Company or ICM Desk.
6. Intellectual Property Rights
6.1 Platform Ownership
The Platform, including all software, algorithms, methodologies, templates, frameworks, artificial intelligence models and instructions, user interfaces, designs, graphics, logos, and all related technology and intellectual property (collectively, the "Platform Technology"), is owned exclusively by ICM Desk and its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
Nothing in these Terms grants you any ownership right, title, or interest in or to the Platform Technology. All rights not expressly granted herein are reserved by ICM Desk.
6.2 Limited License
Subject to your compliance with these Terms, ICM Desk grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for the purposes authorized by these Terms and, if applicable, by your Company's agreement with ICM Desk. This license does not include the right to:
(a) download, install, or obtain a copy of the Platform Technology;
(b) modify, adapt, translate, or create derivative works of the Platform;
(c) sublicense, rent, lease, sell, or transfer access to the Platform to any third party; or
(d) use the Platform for any purpose other than as expressly authorized.
6.3 User Data Ownership
You (or your Company, as applicable) retain all right, title, and interest in and to all data, information, and content that you submit to the Platform ("User Data"). By submitting User Data to the Platform, you grant ICM Desk a limited, non-exclusive, royalty-free license to use, reproduce, modify, and display such User Data solely as necessary to provide the services and as otherwise described in the Privacy Policy.
Documents generated through the Platform using your User Data are owned by you or your Company, as applicable. However, any templates, formatting structures, and methodologies provided by ICM Desk that are incorporated into such documents remain the exclusive property of ICM Desk.
6.4 Feedback
If you provide ICM Desk with any feedback, suggestions, ideas, enhancement requests, recommendations, or other input regarding the Platform ("Feedback"), you hereby grant ICM Desk a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, incorporate, modify, and commercialize such Feedback in any manner and for any purpose, without any obligation, compensation, or attribution to you. You represent that any Feedback you provide does not violate any third-party rights.
6.5 Trademarks
"ICM Desk," the ICM Desk logo, "ACFC Global," and any other product or service names, slogans, logos, or designs displayed on the Platform are trademarks or service marks of ICM Desk or its affiliates. You may not use any of these marks without the prior written consent of ICM Desk. All other trademarks appearing on the Platform are the property of their respective owners.
7. Privacy and Data Protection
7.1 Privacy Policy
Your use of the Platform is subject to our Privacy Policy, available at https://icmdesk.com/privacy-policy, which describes in detail how we collect, use, store, share, and protect personal information. The Privacy Policy is incorporated into these Terms by reference. By accepting these Terms, you confirm that you have read and accepted the Privacy Policy.
7.2 End Client Data
If you are an End Client, you acknowledge that:
(a) your Company is the primary data controller for your personal information submitted to the Platform and is responsible for determining the purposes and means of processing your personal data;
(b) ICM Desk processes your personal data on behalf of your Company as a data processor, as well as independently as a data controller for certain purposes described in the Privacy Policy;
(c) by accepting these Terms and the Privacy Policy, you provide your direct and informed consent to ICM Desk's processing of your personal information as described herein, which constitutes an independent legal basis in addition to any consents obtained by your Company; and
(d) for questions about how your personal data is handled, you should first contact your Company; you may also contact ICM Desk directly as described in the Privacy Policy.
7.3 Data Security
ICM Desk implements industry-standard technical and organizational security measures to protect personal information and User Data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic storage or internet transmission is completely secure. While we strive to protect your information, we cannot guarantee its absolute security.
7.4 Your Privacy Rights
Depending on your jurisdiction, you may have certain rights regarding your personal information, including rights of access, correction, deletion, portability, restriction, and objection. For detailed information about your rights and how to exercise them, please refer to Section 9 of our Privacy Policy. You may contact us at inquiry_icmdesk@acfcglobal.com.
7.5 Minors
The Platform is not directed at individuals under eighteen (18) years of age, and minors should not create accounts or directly access the Platform. However, immigration applications often involve data of minor dependents. If you submit information about a minor to the Platform, you represent and warrant that you are the parent, legal guardian, or duly authorized representative of such minor and that you have obtained all necessary consents required by applicable law for the processing of the minor's personal data.
8. Disclaimers and Limitation of Liability
8.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES, FEATURES, CONTENT, AND FUNCTIONALITIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ICM DESK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WITHOUT LIMITING THE FOREGOING, ICM DESK DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) DEFECTS WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME; (C) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (D) THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (E) THE QUALITY OF ANY DOCUMENTS, INFORMATION, OR OTHER CONTENT OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (F) THE PLATFORM WILL BE COMPATIBLE WITH ALL THIRD-PARTY SOFTWARE, HARDWARE, BROWSERS, OR SYSTEMS.
THE DISCLAIMERS IN THIS SECTION 8.1, TOGETHER WITH THE AI SERVICES DISCLAIMERS IN SECTION 5.3, THE NO LEGAL ADVICE DISCLAIMER IN SECTION 2.3, AND THE NO VISA OUTCOME GUARANTEE IN SECTION 2.4, APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ICM DESK'S WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICM DESK, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF ICM DESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICM DESK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU DIRECTLY TO ICM DESK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
8.3 Specific Disclaimers
Without limiting the generality of the foregoing, ICM Desk shall not be liable for:
(a) any inaccuracies, errors, or omissions in information provided by you, your Company, or any other user of the Platform;
(b) any denial, rejection, delay, or adverse outcome of any visa or immigration application;
(c) any failure to independently verify information or review AI-generated content;
(d) any actions taken or not taken based on content, documents, or information obtained through the Platform;
(e) any interruptions, delays, or failures of service caused by third-party providers, internet connectivity issues, or force majeure events;
(f) any unauthorized access to your account or data resulting from your failure to maintain the security of your credentials; or
(g) any loss or corruption of data not caused by ICM Desk's gross negligence or willful misconduct.
8.4 Basis of the Bargain
You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in this Section 8 are a fundamental element of the basis of the bargain between you and ICM Desk, reflect a fair and reasonable allocation of risk, and are essential to ICM Desk's ability to provide the Platform. These limitations apply even if any limited remedy fails of its essential purpose.
9. Indemnification
9.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless ICM Desk, its affiliates, and their respective officers, directors, employees, agents, contractors, successors, and assigns (collectively, the "ICM Desk Indemnitees") from and against any and all third-party claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) your use of the Platform in violation of these Terms or applicable law;
(b) any breach of your representations, warranties, or obligations under these Terms;
(c) your User Content, including any claim that your User Content infringes or misappropriates any third-party intellectual property right or violates any applicable law;
(d) any false, misleading, or inaccurate information provided by you through the Platform;
(e) your failure to maintain the security and confidentiality of your account credentials; or
(f) any violation of the rights of any third party in connection with your use of the Platform.
9.2 Procedure
ICM Desk will provide you with prompt written notice of any claim for which indemnification is sought (provided that failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced). ICM Desk reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with ICM Desk in asserting any available defenses.
10. Term and Termination
10.1 Effective Period
These Terms are effective as of the date you first access or use the Platform (or, if earlier, the date you accept these Terms) and shall remain in effect for as long as you maintain an account on the Platform or continue to access or use the Platform in any capacity.
10.2 Termination by You
You may cease using the Platform at any time. If you are a Company User, your account may be managed by your Company's Administrator, and you should contact your Company regarding account deactivation. If you are an End Client, you should contact your Company to discuss cessation of access, as your Company manages your portal access.
If you wish to request deletion of your personal data, please refer to Section 9 of our Privacy Policy or contact us at inquiry_icmdesk@acfcglobal.com.
10.3 Termination by ICM Desk
ICM Desk reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform at any time and for any reason, including but not limited to violation of these Terms, violation of applicable law, request by your Company, extended inactivity, or discontinuation of the Platform. Where practicable, ICM Desk will provide advance notice of such action, but reserves the right to act immediately where necessary to protect the security or integrity of the Platform or to comply with legal obligations.
10.4 Effects of Termination
Upon termination of your access to the Platform for any reason:
(a) all rights and licenses granted to you under these Terms shall immediately terminate;
(b) you must immediately cease all use of the Platform;
(c) ICM Desk may delete or archive your account and any associated data in accordance with its data retention policies and the Privacy Policy, subject to applicable legal requirements; and
(d) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5.3 (AI Disclaimers), 6 (Intellectual Property), 7 (Privacy), 8 (Disclaimers and Limitation of Liability), 9 (Indemnification), 11 (Dispute Resolution), and 12 (General Provisions).
Termination of your access to the Platform shall not relieve you of any obligations or liabilities that accrued prior to the effective date of termination.
11. Dispute Resolution and Governing Law
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
11.2 Informal Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform (a "Dispute"), you agree to first attempt to resolve the Dispute informally by contacting ICM Desk at inquiry_icmdesk@acfcglobal.com with a written description of the Dispute and your proposed resolution. ICM Desk will attempt to resolve the Dispute informally within thirty (30) days. You agree not to commence any formal proceeding until the thirty (30) day informal resolution period has elapsed.
11.3 Binding Arbitration
If a Dispute cannot be resolved through the informal process described in Section 11.2, you and ICM Desk agree that the Dispute shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth in Section 11.5 below.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are acting in a business capacity), as applicable, which are available at www.adr.org. The arbitration shall be conducted before a single arbitrator. The seat of arbitration shall be Miami, Florida, unless you and ICM Desk agree otherwise. The language of the arbitration shall be English. The arbitrator shall apply the laws of the State of Florida.
The arbitrator's award shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses in connection with the arbitration. The arbitrator's fees and administrative costs shall be shared equally by the parties, unless the arbitrator determines otherwise or applicable law requires a different allocation.
11.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ICM DESK AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ICM DESK. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE IN YOUR JURISDICTION, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE NULL AND VOID WITH RESPECT TO YOU, AND THE DISPUTE SHALL BE RESOLVED IN THE COURTS SPECIFIED IN SECTION 11.6.
11.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, without the requirement of posting a bond or other security.
11.6 Jurisdiction and Venue
To the extent that arbitration is not applicable or is found to be unenforceable with respect to a particular Dispute, you agree that such Dispute shall be resolved exclusively by the state or federal courts of competent jurisdiction located in Miami-Dade County, Florida, United States of America. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue therein.
11.7 Jurisdictional Limitations
Nothing in this Section 11 shall be construed as limiting any rights that you may have under mandatory consumer protection laws of your jurisdiction that cannot be waived by agreement. To the extent that the laws of your jurisdiction require a different dispute resolution mechanism, forum, or governing law, such mandatory requirements shall apply to the minimum extent necessary.
12. Modifications to These Terms
12.1 Right to Modify
ICM Desk reserves the right to modify, update, or revise these Terms at any time, at its sole discretion, to reflect changes in our services, applicable law, or business practices. The "Last Updated" date at the top of these Terms indicates when the most recent changes were made.
12.2 Notification of Changes
For material changes to these Terms, ICM Desk will use reasonable efforts to provide notice through one or more of the following methods:
(a) posting a prominent notice on the Platform;
(b) sending an email to the address associated with your account;
(c) requiring re-acceptance of the updated Terms through a clickwrap mechanism upon your next login; or
(d) other reasonable means of notification.
12.3 Acceptance of Changes
Your continued access to or use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree with any modification, you must discontinue your use of the Platform. For End Clients, this may require contacting your Company to discuss alternative arrangements.
ICM Desk may, at its discretion, require your affirmative re-acceptance of updated Terms before allowing continued access to the Platform. If you do not provide such acceptance, your access may be suspended until acceptance is provided.
13. General Provisions
13.1 Entire Agreement
For End Clients who are not parties to a Platform Service Agreement, these Terms, together with the Privacy Policy, constitute the entire agreement between you and ICM Desk with respect to your use of the Platform and supersede all prior or contemporaneous agreements, understandings, negotiations, and communications, whether written or oral, relating to such subject matter.
For Company Users whose Company has entered into a Platform Service Agreement, these Terms supplement (but do not replace) the PSA. In the event of any conflict between these Terms and the PSA, the PSA shall control as between ICM Desk and the Company.
13.2 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
13.3 No Waiver
No failure or delay by ICM Desk in exercising any right, power, or remedy under these Terms shall constitute a waiver thereof. No single or partial exercise of any such right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any right or remedy on one occasion shall not be construed as a waiver of such right or remedy on any subsequent occasion.
13.4 Assignment
You may not assign, transfer, delegate, or otherwise dispose of these Terms or any of your rights or obligations hereunder, whether voluntarily or by operation of law, without the prior written consent of ICM Desk. ICM Desk may assign these Terms, in whole or in part, to any affiliate, subsidiary, or successor entity, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
13.5 Force Majeure
ICM Desk shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics or pandemics, government actions, labor disputes, telecommunications or internet service provider failures, power outages, or failures of third-party hosting or cloud service providers.
13.6 Independent Relationship
These Terms do not create any partnership, joint venture, employment, agency, or fiduciary relationship between you and ICM Desk. ICM Desk is an independent technology provider, and nothing in these Terms authorizes you to act on behalf of or bind ICM Desk in any manner.
13.7 Third-Party Beneficiaries
These Terms are for the sole benefit of you and ICM Desk and do not confer any rights or remedies upon any third party, except that ICM Desk Indemnitees are intended third-party beneficiaries of the indemnification provisions in Section 9.
13.8 Electronic Communications
By using the Platform, you consent to receive communications from ICM Desk electronically, including via email and notices posted on the Platform. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
13.9 Language
These Terms are drafted in the English language. To the extent any translated version of these Terms conflicts with the English version, the English version shall control.
13.10 Headings
The headings and section titles in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.
14. Contact Information
If you have any questions, concerns, or feedback regarding these Terms, please contact us at:
ICM Desk (operated by ACFC Global)
Email: inquiry_icmdesk@acfcglobal.com
Website: https://icmdesk.com
Please include "Terms of Use Inquiry" in your subject line so we can route your request appropriately.
For privacy-related inquiries, please refer to our Privacy Policy and include "Privacy Policy Inquiry" in your subject line.
For End Clients, we recommend contacting your Company first regarding any questions about the services provided to you through the Platform.
*.*.*.*.*.*