Terms & Conditions of Use

These Terms & Conditions ("Terms") govern access to and use of the Activate platform (the "Platform"), operated by Iva Kaufman Associates ("IKA," "we," "us," or "our"). By creating an account, accepting an invitation, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you should not use the Platform.

You accept these Terms by an explicit action at sign-up — ticking an unticked box that names these Terms and links to them — not merely by browsing or by continuing. IKA records which version of these Terms you accepted and when. These Terms are available from the Platform at all times, before and after sign-up, and do not require an account to read.

The Platform is invitation-only. Access does not create any relationship with IKA beyond what is expressly stated in these Terms or in a separate signed agreement.

These Terms apply to everyone who accesses the Platform, including but not limited to:

Associates (IKA Team members) — individuals who use the Platform to define projects, request support, or lead client engagements.

Activators — individuals who offer their expertise, time, or services through the Platform in response to project or activation requests.

Managers and administrators — individuals with elevated access who operate, moderate, or maintain the Platform on IKA's behalf.

Any other Network member, guest, or visitor who is granted access to the Platform.

In these Terms, "you" or "User" refers to any of the above, and "Members" refers to Users collectively.

A User may hold more than one role at the same time, and may take on a further role later. These Terms apply to you in each role you hold, without needing to be accepted again — though a move into a materially different role, in particular Manager or administrator access, requires a separate acknowledgment of the additional responsibilities that role carries.

These Terms also apply to IKA itself — including its Core Team, staff, and the operating principles under which it runs the Platform — in its own dealings with Users through the Platform. IKA is bound by the same obligations of fair dealing, confidentiality, and the limits on financial commitment described in these Terms as any other Member, and does not hold itself to a lesser standard than it asks of Associates, Activators, or Network members.

The Platform is a coordination and matching tool. It helps Associates describe needs and helps Activators indicate availability and expertise, and it supports IKA and its Members in identifying and proposing potentially relevant connections between them.

The Platform is not a marketplace, employment platform, escrow service, payment processor, broker, or agent, and it does not itself create, execute, or enforce any commercial, financial, or employment relationship between Users. It does not guarantee that any introduction, match, or activation will result in a project, a payment, or any other outcome. The Platform does not process payments; any payment connected to a project or engagement is arranged directly between the parties involved.

Creating a profile, listing availability, submitting a project, responding to a request, being matched, being introduced, or otherwise using the Platform does not, by itself, create any financial obligation, commitment, guarantee, or entitlement between any Users, or between any User and IKA.

This applies regardless of how a related discussion takes place — whether through the Platform itself, by email, by phone or video call, or in person — where that discussion concerns a project, introduction, or activation connected to the Platform. Only a separate document, signed by the parties and expressly identified as an engagement letter, contract, or agreement, creates a binding financial or commercial commitment. General discussion of scope, interest, or possible terms — including in emails — is not, by itself, such an agreement.

Any financial arrangement — including fees, compensation, expenses, revenue share, or equity — exists only where it is separately and independently agreed and signed in writing between the specific parties involved (for example, an engagement letter, an Associate agreement, or a client contract). The Platform is a tool for coordination, not a source of financial rights or obligations in itself.

IKA is not a party to, and is not responsible for enforcing, any commercial agreement that Users reach with each other, whether or not that agreement originated through an introduction made on the Platform.

Nothing in this section affects the confidentiality and non-circumvention obligations in the Confidentiality & Non-Circumvention Agreement, which continue to apply to an engagement that follows an introduction however that engagement is contracted or documented. Those obligations are not financial commitments.

Any fee, retainer, day rate, success fee, or other compensation connected to a project, introduction, or engagement is a matter for the individual written agreement between the relevant parties, and is not set, processed, or guaranteed by the Platform.

Where a Network member's compensation for enabling a connection is directed to a nominated organization rather than paid to the individual (for example, for members in regulated or government roles), that arrangement is likewise governed by the individual agreement, not by these Terms.

By using the Platform, you agree to:

Provide accurate, current information about yourself, your expertise, and your availability, and correct it promptly if it changes or becomes inaccurate.

Use the Platform only for genuine professional coordination consistent with IKA's network and mission — not for spam, unrelated solicitation, or any unlawful purpose.

Keep your login credentials secure and not share your account with anyone else.

Treat information about other Users, and about projects or clients shared through the Platform, as confidential, and use it only for the purpose it was shared — as set out in full in the Confidentiality & Non-Circumvention Agreement.

Comply with applicable law in your own use of the Platform, including in whatever country or countries you operate from.

You are solely responsible for the accuracy of your own profile and for any representations you make to other Users about your skills, availability, or credentials. IKA reviews and curates Platform membership on a reasonable-efforts basis but does not independently verify every credential or claim.

Where the Platform facilitates an introduction, match, or activation between Users, any resulting relationship — including any project, contract, or working arrangement — is between those Users directly. IKA is not a party to it, does not supervise its performance, and is not liable for its outcome, quality, timeliness, or payment.

IKA does not guarantee the suitability, competence, reliability, or conduct of any Associate, Activator, or other Member, and encourages Users to exercise their own judgment — including their own due diligence and, where appropriate, their own written agreements — before beginning any engagement that arises through the Platform.

The Platform itself, including its design, software, and underlying technology, is owned by or licensed to IKA. Nothing in these Terms transfers ownership of the Platform to any User.

You retain ownership of the content you submit to the Platform (such as your profile, project descriptions, and materials you upload). By submitting content, you grant IKA a limited license to use, store, and display that content as needed to operate the Platform and provide its matching and coordination functions — and no broader license than that.

IKA collects and uses personal data submitted to the Platform (such as contact details, professional background, and project information) to operate the Platform, to make relevant matches and introductions, and to communicate with Users about opportunities and Platform administration. IKA does not sell User data to third parties.

Because Users access the Platform from many countries, IKA aims to meet the substance of the main data protection frameworks Users may be covered by, including (among others) the EU/UK General Data Protection Regulation (GDPR), the California Consumer Privacy Act / CPRA, India's Digital Personal Data Protection Act 2023, and comparable regimes such as South Africa's POPIA and Nigeria's NDPR. Wherever your local law provides you with stronger rights than those described here, your local law governs.

Subject to applicable law and to legitimate business needs (for example, retaining records needed to support a signed engagement), you have the right to:

Know what personal data IKA holds about you and how it is used.

Access and receive a copy of your data.

Correct inaccurate or incomplete data.

Request deletion of your data, subject to any legal or contractual retention requirements.

Withdraw consent to particular uses of your data (such as marketing communications) at any time.

Object to, or request that IKA restrict, certain processing of your data.

To exercise any of these rights, contact IKA using the details in Section 17.

Your professional profile and the personal reflections, notes, or history you build up on the Platform belong to you. If your relationship with IKA or with an organization that introduced you to the Platform ends, you may request an export of your own profile data and request that IKA delete it from the Platform, subject to Section 9.

An organization that brought you onto the Platform (for example, as part of a cohort or partnership) does not, by virtue of that relationship, gain ownership of your personal profile or private notes. It may retain visibility only into aggregate or role-related information reasonably needed for that partnership, as described in the Privacy Policy once finalized.

Information shared through the Platform about specific clients, projects, opportunities, or other Members is confidential. The full confidentiality and non-circumvention obligations — what is protected, what each party may and may not do with it, and how long those obligations last — are set out in the separate IKA Activate Confidentiality & Non-Circumvention Agreement, which every Member signs before receiving access to any real client or Member information, and which IKA is bound by in turn.

Where these Terms and that agreement conflict on a question of confidentiality or non-circumvention, that agreement prevails; on any other question, these Terms prevail.

The Platform is provided "as is" and "as available." IKA does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any particular match, introduction, or outcome will occur.

To the fullest extent permitted by law, IKA and its staff, Core Team, Associates, Activators, and other Members acting in an IKA-facilitation capacity will not be liable for indirect, incidental, consequential, or special damages, or for lost profits or lost opportunities, arising from use of the Platform or from any relationship formed through it. IKA's total liability for any claim arising from the Platform is limited to the greatest extent permitted by applicable law.

You agree to indemnify and hold harmless IKA and its staff, Core Team, Associates, Activators, and other Members from any claim, loss, or expense (including reasonable legal fees) arising from your use of the Platform, your content, your breach of these Terms, or your conduct toward another User or a client, except to the extent caused by IKA's own gross negligence or willful misconduct.

Nothing on the Platform constitutes legal, financial, tax, or other professional advice. Any such advice must come from a qualified professional engaged directly, whether or not that professional was found through the Platform.

IKA may suspend or terminate a User's access to the Platform at its reasonable discretion, including for breach of these Terms, misuse of the Platform, or extended inactivity, with notice where practicable. A User may request closure of their own account at any time, subject to Section 10.

Sections 4, 7, 9, 10, 11, 12, and 13 survive termination of your access.

IKA may update these Terms from time to time as the Platform develops. Material changes will be flagged to Users at next login, and continued use of the Platform after that point constitutes acceptance of the updated Terms.

This mechanism applies to these Terms only. A material change to the Confidentiality & Non-Circumvention Agreement takes effect for a Member only once that Member has explicitly accepted it; continued use is not acceptance of such a change.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising from these Terms or use of the Platform will be resolved in the state or federal courts located in New York County, New York.

Questions about these Terms, or requests relating to your data, can be sent to Iva Kaufman Associates, 900 West End Avenue, 7B, New York, NY 10025, or by email to iva@ivakaufmanassociates.net.