Effective Date: October 22, 2026 · Last Updated: October 22, 2026
Effective October 22, 2026. These Terms apply to the iCAN-branded hub operated by Proseek LLC for Identity Creative Arts Network, LLC (iCAN). Version 2, incorporating iCAN review.
These Terms of Service ("Terms") are an agreement between you, Proseek LLC ("Proseek," "we," "us," or "our"), and Identity Creative Arts Network, LLC ("iCAN," the "Partner"), and govern your access to and use of the iCAN Partner Hub (the "Hub"), a branded marketplace operated by Proseek on the Proseek platform for iCAN, including the Hub website and all related services (collectively, the "Service"). By accessing or using the Service, including by creating an account, ordering or offering a service, or joining a live session or event, you agree to be bound by these Terms, our Privacy Policy, our SMS Terms, and any policies referenced here. If you do not agree, do not use the Service.
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to hold an account. Professionals must be at least 18. If you use the Service on behalf of a school, program, ensemble, or other organization, you represent that you have authority to bind that organization to these Terms.
Students under 18 do not hold accounts. A student under 18 (a "Minor Participant") may receive services only through an account held by a parent or legal guardian, or by a director, teacher, or other authorized adult at the student's school or program acting with legally sufficient authorization, including any required parental consent or authorization under the school's or program's policies (in each case, the "Responsible Adult"). This covers both school-sponsored activities, such as an ensemble submission or a clinic booked for a program, and individual students receiving private lessons, solo reviews, or audition feedback through a parent or guardian. The Responsible Adult is the Client for all purposes under these Terms, is responsible for the Minor Participant's use of the Service, and represents that they have obtained any legally required consents or authorizations to submit the Minor Participant's performance video, image, voice, name, and related materials, for the Minor Participant to take part in live sessions and events, and for the Minor Participant to appear in any recording made through the Service. A Responsible Adult must be present for any live session in which a Minor Participant takes part. Professionals may communicate about a Minor Participant only through the Responsible Adult's account and may not contact a Minor Participant directly outside the Service in connection with a service. We do not knowingly collect personal information directly from anyone under 13; information about a Minor Participant is provided to us by the Responsible Adult.
The Hub is an online marketplace that connects marching arts professionals, including designers, arrangers, instructors, adjudicators, and program consultants ("Professionals"), with directors, educators, programs, ensembles, and individual performers ("Clients"). The Service lets Clients discover Professionals by discipline and service type, and lets Professionals offer and Clients order and pay for:
Proseek provides the technology platform that enables discovery, scheduling, communications, file exchange, live video, payments, and payouts. iCAN administers the Hub, including approving Professionals, featuring profiles, and reviewing and addressing content in accordance with Hub policies. All services are provided by independent Professionals, not by Proseek or iCAN. Neither Proseek nor iCAN is a party to the service relationship between a Professional and a Client, employs Professionals, or supervises, directs, endorses, or controls the instruction, design, feedback, or other services that Professionals provide. Professionals are independent contractors, not employees or agents of Proseek or iCAN.
Feedback, instruction, and design provided through the Service are for educational and artistic purposes. Some services, including clinics, masterclasses, and movement or visual instruction, involve physical activity such as marching, dance, body movement, and the handling of instruments and equipment, which carry inherent risks of injury. Clients, and Responsible Adults on behalf of Minor Participants, are responsible for determining that a participant is physically able to take part and for providing appropriate supervision. You voluntarily take part in any activity obtained through the Service at your own risk and expressly assume those risks.
Release. To the fullest extent permitted by law, you release, waive, and agree not to sue Proseek, iCAN, and their officers, employees, and agents for any injury, loss, or damage arising out of or related to your participation in any service, session, clinic, or event obtained through the Service, whether caused by the guidance of a Professional, your own actions, or otherwise. This release does not limit any rights you cannot waive under applicable law, and does not release a Professional from responsibility for their own services. Professionals are solely responsible for the safety, suitability, and lawfulness of the instruction and services they provide, and represent that they are qualified to provide them.
To use most features you must create an account. You agree to provide accurate, current, and complete information; keep it updated; maintain the security of your credentials; not share your account; notify us immediately of any unauthorized access; and be responsible for all activity under your account. You may sign in using email, or via Apple or Google sign-in where offered.
Professional approval. Professionals must apply and be approved by iCAN before offering paid services on the Hub, and may display a verified or featured designation only where iCAN or Proseek grants it. Approval and any designation reflect a limited review; they are not a guarantee of a Professional's qualifications, credentials, results, or conduct, and iCAN or Proseek may revoke approval or a designation at any time. We may suspend or terminate any account that violates these Terms or shows patterns of abuse, fraud, or non-payment.
5.1 Payments and processing. Fees for services, sessions, clinics, and events are described at the point of purchase and are charged in U.S. dollars. Payments are processed by our payment provider, Stripe. By providing payment information, you authorize Proseek and Stripe to charge the applicable fees. Proseek does not store full payment card numbers; card handling is performed by Stripe.
5.2 Marketplace fee and Professional payouts. A marketplace fee is withheld from each transaction between a Professional and a Client and shared between Proseek and iCAN as disclosed to Professionals at affiliation. When a Client pays for a service, Proseek facilitates the charge and, after the marketplace fee, arranges for the remainder to be paid out to the Professional through Stripe. To receive payouts, a Professional must complete Stripe's onboarding and identity verification requirements and is subject to Stripe's Connected Account Agreement. Payout timing is subject to Stripe's and the Professional's bank's processing. Proseek is not a bank and does not hold funds as a deposit.
5.3 Payment timing by service type. Payment terms are disclosed at the time of purchase. For Video Review and Show and Program Review orders, your payment method is authorized when you order and charged when the Professional delivers; if the Professional does not deliver within the stated turnaround plus a short grace period, the authorization is released and you are not charged. Design and Project Services orders, which can run for several weeks, are charged at purchase and are refunded in full if the Professional does not deliver within the agreed timeframe or cancels before delivery. Live Consultations, Clinics, Masterclasses, and event tickets are charged at booking.
5.4 Taxes. Prices are exclusive of taxes unless stated. Where applicable law requires a sales or similar tax to be collected on a transaction through the Service, it will be calculated, collected, and remitted as required by law and shown at checkout. Each party remains responsible for taxes imposed on its own income or earnings, and Professionals are solely responsible for reporting and remitting taxes on their earnings.
5.5 Cancellations, no-shows, and refunds. Refund, cancellation, rescheduling, and no-show terms for a given service, session, clinic, or event are disclosed at the point of purchase and, where a Professional sets their own policy, by that Professional. If you need to cancel or reschedule, do so as early as possible through the Service; cancellations after a Professional's stated cutoff, and no-shows, may be non-refundable or subject to a fee as disclosed at purchase. If a Professional cancels a paid session or declines an order before delivery, the Client is refunded in full or the authorization is released. Refunds are issued by Proseek through Stripe and recovered from the Professional's proceeds or future payouts; where a refund cannot be recovered from the Professional, the Professional remains responsible for it as merchant of record, and neither iCAN nor Proseek is liable to the Professional for the recovered amount. Except as required by law, as stated at purchase, or as provided by the Professional's policy, fees are non-refundable once a service has been delivered or a session has begun. iCAN administrators may initiate or approve refund requests on the Hub.
5.6 Failed payments and chargebacks. If a payment fails, we may suspend or cancel the related order or booking after notice, and you remain responsible for amounts owed. Initiating a chargeback or payment dispute without first contacting us in good faith may result in suspension of your account pending resolution.
If you offer services as a Professional, you additionally represent, warrant, and agree that:
Live Consultations, Clinics, and Masterclasses conducted online are delivered using a third-party real-time video provider (LiveKit). By joining a live session or event, you agree to behave lawfully and respectfully (Section 10). Sessions and events may be recorded where indicated in the Service; recordings are hosted using our cloud storage provider (Amazon Web Services). Do not record, screenshot, redistribute, or publicly post another participant's audio, video, image, or private information without their consent and, where required, Proseek's. In-person clinics and masterclasses take place at a location arranged between the Professional and the Client; Proseek and iCAN do not operate or supervise those locations.
Where a session, clinic, or event is recorded, or where you upload video, audio, images, scores, drill, or other media (for example, a performance video submitted for review or profile media), the following applies:
When you receive SMS through the Service, our SMS Terms apply and are incorporated here. SMS consent is optional, is never pre-checked, and is not a condition of purchase or of receiving any service. You can opt out at any time by replying STOP, and reply HELP for help.
No mobile information, including mobile phone numbers, SMS opt-in data, or SMS consent, is shared with, sold to, or rented to any third parties or affiliates for marketing or promotional purposes. Mobile opt-in data and consent are disclosed only to the service providers that operate our messaging on our behalf (Flowpilot360 and Twilio) and the mobile carriers strictly necessary to deliver the messages you asked to receive.
When you (as a Professional or organizational user) send SMS through or in connection with the Service, you agree to comply with all applicable laws, including the TCPA, CTIA messaging guidelines, carrier rules, and A2P 10DLC requirements. You will obtain prior express consent before sending SMS, provide and honor clear opt-out instructions, avoid prohibited content, and not message numbers that have opted out. You are solely responsible for your SMS compliance and agree to indemnify Proseek and iCAN for any claims arising from your messaging activity.
You agree to treat Professionals, Clients, students, and staff with respect, and not to use the Service to:
We and iCAN reserve the right to remove content and to suspend or terminate accounts engaged in prohibited conduct.
Clients may leave reviews and ratings of Professionals after a completed paid service, where iCAN enables reviews on the Hub. Reviews must reflect a genuine experience and must not be false, defamatory, or manipulated. Professionals may not offer incentives in exchange for positive reviews, submit reviews of themselves, or retaliate against a Client for an honest review. iCAN and Proseek may hide or remove reviews that violate these Terms or Hub policies, but do not otherwise endorse or guarantee the accuracy of any review.
You retain rights to the content you submit ("User Content"), including performance videos, scores, drill, choreography, and design files. You grant Proseek and iCAN a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and display your User Content solely as necessary to provide, secure, and improve the Service and administer the Hub and to enable features you authorize (including the uses described in Section 8). You are responsible for your User Content and represent that you have all necessary rights to submit it and that it does not violate any law or third-party right. Rights in design deliverables created by a Professional for a Client are as stated in the Professional's listing or agreed between them; Proseek and iCAN take no ownership in deliverables.
The Service, including its software, design, and content (excluding User Content and iCAN's brand assets), is owned by Proseek and its licensors and is protected by intellectual property laws. iCAN's name, logo, brand assets, and independently developed creative and marketing materials are owned by iCAN. We grant you a limited, non-transferable, non-exclusive, revocable license to use the Service as authorized under these Terms. If you provide feedback or suggestions, you grant us an unlimited, perpetual, royalty-free right to use that feedback for any purpose.
The Service is built on and integrates with third-party services. Your use of certain features may be subject to their terms and privacy practices. We are not responsible for third-party services or the acts or omissions of third parties. Our principal providers include: Stripe (payment processing, Professional payout accounts, and marketplace-fee handling); Twilio (SMS messaging and A2P 10DLC compliance); Flowpilot360 (CRM, messaging, and scheduling platform used to operate client communications); LiveKit (live video sessions, clinics, and masterclasses); Amazon Web Services (cloud storage and hosting, including recordings and uploaded media); Supabase (application database, authentication, and infrastructure); Google (calendar availability sync and sign-in); Apple and Google (sign-in); and email and notification providers (transactional email and notifications you enable).
Our collection and use of personal information, including account, profile, order, device, and SMS information, is described in our Privacy Policy, which is incorporated into these Terms. To operate the Hub, authorized iCAN administrators may review account, profile, order, and reported content in order to approve Professionals, feature profiles, moderate content, investigate reports and disputes, initiate refunds, and suspend accounts on the Hub, and authorized Proseek administrators may do the same to operate the platform. Administrators do not have access to your password or to payout banking credentials, which are held by our authentication and payment providers.
You may stop using the Service at any time. We or iCAN may suspend or terminate your account on the Hub if you materially breach these Terms, fail to pay fees when due, or engage in conduct we reasonably believe is fraudulent, abusive, unsafe, or unlawful. Upon termination, your access will be disabled; outstanding payment and payout obligations survive, as do sections that by their nature should survive (including ownership, disclaimers, release, indemnification, limitation of liability, and dispute resolution).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PROSEEK AND iCAN DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PROSEEK NOR iCAN WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, ENDORSES ANY PROFESSIONAL OR CLIENT, OR GUARANTEES ANY PARTICULAR ARTISTIC, COMPETITIVE, EDUCATIONAL, OR OTHER OUTCOME. SERVICES ARE PROVIDED BY INDEPENDENT PROFESSIONALS, AND NEITHER PROSEEK NOR iCAN IS RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, PROSEEK, iCAN, AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. EACH OF PROSEEK'S AND iCAN'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE MARKETPLACE FEES THAT PARTY EARNED FROM YOUR TRANSACTIONS IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Proseek, iCAN, and their affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, the services you provide as a Professional or your own acts or omissions in connection with services you receive as a Client, your User Content and submitted materials, your participation or a Minor Participant's participation that you are responsible for, your violation of these Terms or applicable law, your violation of any third-party right (including copyright, the TCPA, CAN-SPAM, or privacy rights), or any messages or communications you send through or in connection with the Service.
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at ops@proseek.org or iCAN through the Hub. These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. For disputes not resolved informally, you, Proseek, and iCAN agree to resolve disputes through binding arbitration administered by the American Arbitration Association under its rules applicable to the dispute (the Consumer Arbitration Rules for individual consumers and the Commercial Arbitration Rules for organizational clients and Professionals), seated in Williamson County, Tennessee. You, Proseek, and iCAN agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and each waives any right to a jury trial. Any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Williamson County, Tennessee. This provision does not apply to claims for injunctive relief regarding intellectual property.
These Terms, along with the Privacy Policy, SMS Terms, and any order or Professional-specific policy disclosed at purchase, constitute the entire agreement between you, Proseek, and iCAN regarding the Hub. Changes to these Terms are made by Proseek with iCAN's agreement; for material changes we will provide notice, and your continued use after the effective date constitutes acceptance. Our failure to enforce any provision is not a waiver. If any provision is held invalid, the remaining provisions remain in effect. You may not assign these Terms without our consent; Proseek and iCAN may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for failure to perform due to causes beyond our reasonable control. Professionals, Clients, iCAN, and Proseek are independent of each other; nothing here creates an employment, agency, partnership, or joint-venture relationship.
Proseek LLC, 6125 Open Meadow Ln, Franklin, TN 37067. Email: ops@proseek.org. For questions about iCAN's administration of the Hub, contact iCAN through the Hub.