1. Acceptance
By using this website or engaging Ikarus Labs for design services you agree to these Terms of Service, the Privacy Policy and the Cookie Policy. If you do not agree, do not use the site or the services.
2. Who we are
Ikarus Labs is the design & web studio of The Ikarus Project (Pty) Ltd (CIPC registration 2026/350044/07), a private company incorporated in the Republic of South Africa, founded and operated by Nikkash Poonee (“Kash the Kreator”). References to “Ikarus Labs”, “the studio”, “we”, “us” or “our” are to that company trading through its studio.
3. The services
The studio provides brand identity, design-system and website design & development services, typically delivered as a scoped engagement (such as the 8-week build described on the Design Kit page) or an ongoing monthly retainer. Every engagement is defined by a written brief and quote issued through the client portal or by email; the quote’s scope, deliverables, timeline and price govern that engagement and prevail over general marketing copy on this site.
4. Briefs, quotes and payment
- Briefs. The Brand Discovery Engine on this site collects your brief. Draft answers stay in your browser until you save or submit them (see the Privacy Policy).
- Quotes and deposits. Work begins when you accept a quote and the deposit stated on it clears. The deposit secures your slot in the studio calendar.
- Card payments are processed by Stripe. We never see or store your card number. Invoices and receipts are issued in your client portal.
- Currency. Pricing is quoted in ZAR for South African clients and USD for international clients, as stated on your quote.
- Late or failed payment may pause the engagement until resolved.
5. Your materials
You warrant that any material you upload or supply (logos, photographs, copy, reference files) is yours to use or properly licensed, and you grant the studio a licence to use it for the purpose of producing your deliverables. You indemnify the studio against claims arising from materials you supplied.
6. Intellectual property and ownership
- Final deliverables become yours. On receipt of full payment for an engagement, the studio assigns to you the intellectual property in the final, accepted deliverables of that engagement (logo files, brand assets, website code and content produced for you), as contemplated by section 22 of the South African Copyright Act 98 of 1978. The assignment is recorded in writing in the handoff documentation.
- Until full payment, all intellectual property in the work remains with the studio.
- Studio tools stay ours. Pre-existing systems, templates, components, processes and internal tooling used to produce the work remain the studio’s property; you receive a licence to the copies embedded in your deliverables.
- Portfolio rights. The studio may display completed work in its portfolio and case studies unless your quote records a confidentiality arrangement.
- The marks “The Ikarus Project”™ and “IKARUS”™ are trade marks applied for at CIPC under the Trade Marks Act 194 of 1993. The Ikarus Labs name and mark are used by the company at common law.
7. Revisions and scope
Each engagement includes the revision rounds stated in its quote. Requests outside the agreed scope are quoted separately before any additional work begins — the “zero surprises” rule on the Design Kit page is a working commitment: you always know what you are saying yes to next.
8. Client portal accounts
Portal accounts are personal. You are responsible for the confidentiality of your credentials and for activity under your account. Notify us immediately at the contact address below if you believe your account is compromised. You agree not to attempt to circumvent access controls, scrape the site at scale, or use the portal to harass others.
9. Site features
The voice narration on this site (“Alfred”) is pre-recorded synthetic audio produced with ElevenLabs. It is informational site copy, not advice. The gallery, style recommendations and perception tools are design aids whose outputs reflect the preferences you express; they are suggestions, not guarantees of a final design outcome.
10. Warranties
Services are performed with reasonable professional skill and care. Except as stated in these Terms or required by the Consumer Protection Act 68 of 2008, the site and services are provided “as is” and we do not warrant uninterrupted or error-free operation of the website, the portal, or any third-party service we integrate with (Supabase, Stripe, Vercel, Google Workspace, ElevenLabs). Nothing in these Terms limits rights you have under the CPA that cannot lawfully be limited.
11. Limitation of liability
To the fullest extent permitted by law, the studio is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue or data. Our aggregate liability for any claim arising out of an engagement will not exceed the fees you paid for that engagement.
12. Cancellation
Either party may end an engagement on written notice. You remain liable for work completed and costs committed to the date of cancellation; deposit treatment is as stated on your quote. Retainers run per their stated minimum term and notice period (set out on the retainer plans).
13. Changes
We may update these Terms from time to time. Material changes will be notified to portal account holders by email at least 14 days in advance. Continued use after changes take effect constitutes acceptance.
14. Governing law
These Terms are governed by the laws of the Republic of South Africa. Any dispute that cannot be resolved through good-faith discussion will be referred to binding arbitration under the Arbitration Foundation of Southern Africa (AFSA) rules, seated in Johannesburg, conducted in English before a single arbitrator. Either party may seek urgent interim relief from any court of competent jurisdiction.
15. Contact
Questions about these Terms: admin@theikarusproject.com
