IceBrkn Terms of Service
Effective Date: August 11, 2026
These Terms govern your use of IceBrkn's web and mobile apps and related services (the "Services"), provided by IceBrkn Holdings, Inc. ("IceBrkn," "we"). By using the Services you agree to these Terms. PLEASE READ §22— IT AFFECTS YOUR LEGAL RIGHTS.
1. The Services
IceBrkn is a relationship-intelligence network. It lets you build a profile, connect with people, connect one or more Connected Services, import and organize contacts , message connections, request and facilitate introductions, attend or host events, use AI assistants, agents, automations, and digital employees (including Noa), and generate AI-assisted "Briefs," matches, warm-path suggestions, and insights about people in your network, subject to a tiered visibility model. Companies may also use IceBrkn through shared enterprise workspaces (see §9).
IceBrkn is not acting as your agent, broker, recruiter, investment adviser, fiduciary, or representative.
IceBrkn is designed to help users discover, organize, and better understand existing and potential professional and personal relationships. The Services provide tools to assist users, but decisions about whether and how to interact with other people remain solely the responsibility of the user.
2. Definitions
“Relationship Intelligence" means the AI-generated analyses, summaries, Briefs, relationship pathways, warm-path recommendations, match scores, connection insights, trust signals, introduction recommendations, inferred relationships, and other recommendations or inferences generated by the Services.
"Brief" means an AI-generated summary of a person, relationship, organization, meeting, event, or other subject generated by the Services.
"Workspace" means an organization, company, team, or other shared environment administered by one or more authorized administrators.
"Managed AI" means AI services operated by IceBrkn through one or more third-party AI providers using IceBrkn-managed accounts.
"BYOK" means Bring Your Own Key, where a user connects their own AI provider account and API credentials.
"Your Content" means the content, information, communications, notes, files, profile information, documents, media, contacts, and other materials that you create, upload, submit, store, or otherwise make available through the Services. Your Content includes Connected Data that you authorize IceBrkn to import into your account. Your Content does not include IceBrkn's software, Services, AI models, or Relationship Intelligence, except to the extent Relationship Intelligence is generated from your underlying information.
"Connected Services" means third-party applications, platforms, accounts, or services that you authorize IceBrkn to access or connect with, including identity providers, email accounts and providers, calendar services, contact managers, CRM platforms, meeting and note-taking platforms, collaboration platforms, cloud storage providers, AI providers, messaging services, and other supported integrations.
"Noa" means IceBrkn's AI assistant and any successor AI assistants or digital employees offered through the Services.
"AI Provider" means any third-party provider of artificial intelligence models or services used through Managed AI or BYOK.
3. Eligibility & Accounts
You must be 18 years of age and able to form a contract. Keep your credentials secure; you're responsible for activity under your account. Provide accurate information.
4 Your Content & Contacts; License to Us
Ownership.
You retain ownership of Your Content and any rights you have in the information you submit. Uploading a contact or other information does not give you ownership of another person's personal information.
License to operate. You grant IceBrkn a worldwide, non-exclusive, royalty-free license to host, process, reproduce, transmit, display, and otherwise use Your Content solely as necessary to operate, secure, maintain, personalize, improve, and provide the Services in accordance with these Terms and our Privacy Policy.
AI IceBrkn will not use Your Content to train AI models except as expressly described in our Privacy Policy or with your explicit consent.
Contact-upload representation. You represent that you have the legal right and any required permissions to import contacts or other information into the Services.
Your control of imported contacts. You may delete Your Content or disconnect Connected Services as described in these Terms and the Privacy Policy.
5. AI Features, "Briefs," and Accuracy
Relationship Intelligence is AI-generated, and insights are AI-generated analyses, summaries, recommendations, and inferences. They are generated from multiple sources, may be incomplete, outdated, or wrong, may contain inferred relationships, and should be independently verified before you act on them. They are not verified facts and not professional, legal, financial, medical, or investment advice.
Inferences are not statements of fact. In particular, any inferred
relationships, inferred interests, inferred expertise, inferred professional connections, inferred introductions, or inferred opportunities surfaced by the Services are estimates, not assertions that a relationship, interest, intent, or opportunity actually exists. Do not rely on them as fact or represent them as such.
Managed AI. On the free tier and on paid tiers, IceBrkn may run AI on your behalf
using one or more third-party AI providers under IceBrkn's own accounts ("managed AI"). To fulfill a request, the data needed for that request may be sent to a managed provider; for reliability a request may be selected automatically based on availability, performance, cost, or capability if one is unavailable; and for certain relationship synthesis a request may be sent to more than one provider and the results combined to cross-check them. How managed AI processes data, which providers we use, and our no-model-training posture are described in the Privacy Policy. Managed AI usage is metered in credits (see §16).
BYOK (bring your own key). If you connect an AI Provider through Connected Services, you
authorize IceBrkn to send visibility-permitted data and your notes to that provider to fulfill your request, under the provider's terms. You're responsible for your key and your provider account. Different AI providers have different data-retention and processing policies, and your use of a connected provider is subject to that provider's terms and policies. BYOK usage is billed by your own AI provider, not by IceBrkn, and does not consume IceBrkn credits.
No FCRA / regulated use. You may not use Briefs, enrichment,
relationship intelligence, or any IceBrkn output, in whole or part, to make or inform decisions about employment, credit, insurance, housing, tenancy, or other purposes regulated by the Fair Credit Reporting Act (FCRA) or similar laws. IceBrkn is not a consumer reporting agency and the Services are not a "consumer report."
6. Nature of Relationship Intelligence
Connection strength, relationship scores, warm-path recommendations, inferred interests, introduction recommendations, influence signals, and other relationship intelligence are estimates generated from available information. They do not represent verified relationships, endorsements, affiliations, or any statement that one person knows, trusts, or will act for another. IceBrkn does not verify that any inferred connection or path is accurate, current, or willing, and makes no representation about the nature or quality of any relationship between people. Relationship intelligence is intended to assist users in understanding and strengthening professional and personal relationships, not to verify or certify that any relationship exists.
7. Introductions
Relationship Intelligence may recommend introductions, draft, and facilitate introductions between people. IceBrkn does not guarantee responses, replies, meetings, introductions, deals, investments, employment, partnerships, business outcomes, or any other opportunity arising from use of the Services. Whether any person responds or engages is entirely outside our control. You are responsible for how you use introductions and for your own conduct and communications.
8. Public-Data Enrichment
To generate Relationship Intelligence, IceBrkn combines information you provide, information available through Connected Services you authorize, and information from publicly available sources (such as public web pages and publicly viewable profiles). Enrichment is automated and produces inferences subject to the disclaimers in §§4–5; sources may be incomplete or out of date.
Public sources only. IceBrkn draws enrichment only from information that is publicly accessible without authentication, and does not require you or IceBrkn to log in to, or bypass any access control on, a third-party service to obtain it.
Purpose limitation. IceBrkn uses enrichment solely to generate Relationship Intelligence for its users. IceBrkn does not sell personal information, does not use enrichment to create standalone public profiles of individuals, and does not use it for any FCRA-regulated purpose (see §5).
Individuals who are not users. Information about non-users is handled as described in the Privacy Policy, including a mechanism to access, correct, delete, or opt out of information about them where applicable.
9. Events
The Services let you host and attend events. By hosting or attending, you acknowledge:
Assumption of risk / injuries. Attendance is at your own risk; IceBrkn is not
responsible for injuries, losses, or damages arising at or from any event, whether organized by us, by a host, or by a third party.
Hosts are responsible. Event hosts are solely responsible for their events,
including venue, safety, permits, and compliance with law. IceBrkn is not the host or organizer unless expressly stated.
Photography & recording. Events may be photographed or recorded; by attending you
consent to reasonable capture and use of images/recordings as described in the Privacy Policy, and you will respect others' wishes not to be recorded.
Code of conduct & removal. You will follow any event code of conduct and lawful
host instructions. Hosts and IceBrkn may remove or bar attendees for misconduct.
Alcohol. Where alcohol is present, attendees must be of legal drinking age and
drink responsibly; hosts are responsible for lawful service.
Cancellations & changes. Events may be changed, rescheduled, or cancelled;
IceBrkn is not liable for costs you incur in connection with any event.
IceBrkn does not conduct background checks on attendees unless expressly stated.
10. Enterprise & Company Workspaces
If you use IceBrkn as part of a company, team, or organization ("Workspace"):
Company ownership & control. The organization (through its administrators) owns
and controls the Workspace and the data submitted to it, and is responsible for its members' use. Organizations are responsible for ensuring they have the legal authority to upload and manage Workspace data.
Administrator rights. Administrators may provision and remove members, configure
settings, and export or delete Workspace data. Administrators may access content associated with the Workspace consistent with the organization's policies and applicable law.
Loss of access. Members may lose access to the Workspace and its data when
removed by an administrator or when the organization's subscription ends.
Your obligations. If you accept an invitation on behalf of an organization, you
represent you are authorized to bind it to these Terms and any applicable enterprise agreement.
11. Messaging & SMS Consent
11.1 How messaging works. IceBrkn delivers communications by SMS/text, email, and in-app push. Some are transactional (verification codes, security and account notices). Others are connection-related messages that you, as a user, direct us to send to a person you are trying to reach.
11.2 Messages you receive as a user. By creating an account and providing your mobile number, you agree IceBrkn may send you transactional and service SMS relating to your account and use of the Services. Message frequency varies; message and data rates may apply. Reply STOP to opt out, HELP for help. Opting out of one channel does not opt you out of the others.
11.3 Messages you direct us to send to others. When you send a connection request or message that results in an SMS to another person, you direct IceBrkn to transmit it on your behalf, and you represent and warrant that (a) you have a personal or professional relationship with, or other good-faith and lawful basis to contact, that person, and (b) the recipient has not asked you or IceBrkn to stop contacting them. You are responsible for the content you direct us to send.
11.4 Recipient consent and opt-out. IceBrkn identifies itself in the messages it transmits and includes opt-out instructions. Before sending recurring messages to a recipient, IceBrkn may require the recipient to confirm they wish to receive them. Any recipient may reply STOP at any time, and IceBrkn will honor the opt-out and suppress further messages to that number.
11.5 Program details. Program: IceBrkn connection and account notifications. Message frequency varies; message and data rates may apply. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your information.
12. Acceptable Use
You will not: harass, stalk, defame, or harm others; use the Services or any Relationship Intelligence to surveil or contact someone against their wishes or to circumvent blocks or visibility controls; upload contacts you have no right to share; scrape, reverse-engineer, or overload the Services; create accounts by automated means; infringe IP; or violate law. We may suspend or remove accounts for violations (see §19).
13. Beta & Experimental Features
Some features — including Noa, AI agents, experimental AI, voice, and the relationship graph — may be offered as beta or experimental. Beta features are provided "as is," may be changed or withdrawn at any time, may be less reliable, and may produce less reliable Relationship Intelligence than generally available features. Your use of a beta feature is voluntary and subject to the disclaimers in §§4–5 and §20.
14. Connected Services
The Services may allow you to connect one or more Connected Services, including email providers, calendar providers, contact managers, CRM platforms, meeting and note-taking services, cloud storage providers, AI providers, messaging platforms, and other supported third-party services.
Authorization- By connecting a Connected Service, you authorize IceBrkn to access, retrieve, process, store, and exchange information from that Connected Service solely to provide the features you enable. IceBrkn only accesses information that you explicitly authorize and only to the extent necessary to operate the Services.
Permissions - The information IceBrkn can access depends on the permissions you grant and the capabilities of the Connected Service. You may grant or deny permissions at any time, although doing so may limit or disable certain features of the Services.
Revocation - You may disconnect or revoke IceBrkn's access to a Connected Service at any time through your IceBrkn account settings or through the Connected Service itself, where supported. Revoking access prevents future synchronization but does not automatically delete information previously imported into the Services. Previously imported information will continue to be handled in accordance with these Terms and our Privacy Policy unless you delete it or request its deletion where applicable.
Provider Terms - Each Connected Service is operated by an independent third party. Your use of a Connected Service is governed by that provider's own terms, privacy policy, and data-handling practices, not these Terms. IceBrkn is not responsible for the availability, security, functionality, accuracy, or continued operation of any Connected Service. Providers may change, suspend, or discontinue their services or APIs at any time, which may affect the availability of related IceBrkn features.
IceBrkn does not access, retrieve, or process information from a Connected Service unless you have chosen to connect that service and granted the necessary permissions.
15. Availability.
The Services are provided on an "as available" basis. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that any uptime level will be met, or that data will not be lost, and we may modify, suspend, or discontinue any feature at any time. The Services depend on third-party hosting, infrastructure, connectivity, and AI providers, and any interruption, delay, or degradation affecting those providers including outages of the third-party AI providers used to generate Relationship Intelligence may affect the availability or performance of some or all features. Although the Services may attempt to route a request to an alternate available provider (see §5), we do not guarantee that AI features will be available or performant at any given time, and we are not liable for unavailability, degraded performance, or data loss arising from third-party providers.
16. Subscriptions, Plans & AI Usage Credits
Plans. The Services offer a free tier and paid subscription tiers.
Each tier's features, allowances, and price are shown at the point of purchase and may change on a going-forward basis with notice (see §24).
How managed AI is metered ("credits"). Paid tiers include a monthly allowance of
AI usage credits. A credit is a unit that measures your consumption of IceBrkn-managed AI (the AI we run on your behalf). Actions that use managed AI — for example Managed AI credits are consumed whenever you generate Relationship Intelligence or use Managed AI features, an assistant reply, or voice output — draw credits based on the actual processing cost of that action. Different features and different AI models consume different amounts, and the model you choose affects how quickly credits are used. Your current balance and usage are shown in the app.
Allowance reset. Included monthly credits reset on a recurring 30-day cycle and do
not roll over unless we state otherwise. Any credits you purchase or that we grant carry over as described at the time of purchase or grant.
Reaching your limit. If you use your included allowance, you may purchase additional
credits, upgrade your plan, or connect your own AI key (BYOK) to continue. We will not charge you for additional usage without your action.
BYOK. Where you connect your own AI provider key, that AI usage is billed by your own
AI provider, not by IceBrkn, and does not consume IceBrkn credits (see §5).
Nature of credits. Credits are a limited license to use managed AI. They have no cash
value, are not money or a stored-value instrument, are not redeemable for cash, and are non-transferable, except that IceBrkn may grant, gift, or issue promotional credits, which may expire or carry conditions. IceBrkn may modify credit allowances, pricing, and how credits are calculated on a going-forward basis with notice. IceBrkn may suspend or revoke promotional credits obtained through fraud, abuse, or violation of these Terms.
Payment providers. Paid subscriptions and credit purchases may be processed through
Stripe, the Apple App Store, or other authorized payment providers. Purchases made through the Apple App Store are also subject to that platform's billing terms, cancellation policies, and refund procedures (see §23). Renewals, cancellations, and refunds otherwise per Refund Policy.
Automatic Renewal; Cancellation; Refunds.
AUTOMATIC RENEWAL DISCLOSURE. YOUR PAID SUBSCRIPTION AUTOMATICALLY RENEWS. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew, and the payment method on file will be charged the then-current subscription price (shown at the point of purchase) for each renewal term — on a recurring monthly or annual basis, as you selected — plus applicable taxes, until you cancel. There is no separate action required for renewal; renewal is automatic.
Billing period and price. Your plan, billing frequency (monthly or annual), and price are disclosed to you at the point of purchase and are also available in the app. Renewal terms are the same length as your initial term unless we tell you otherwise.
How to cancel (subscriptions purchased directly from IceBrkn via Stripe or the web). You may cancel at any time in Settings → Plans, or by emailing billing@icebrkn.com. Cancellation stops future charges and takes effect at the end of your current billing period; you will keep access to paid features until that period ends. To avoid being charged for the next term, cancel before the current billing period ends. Except where required by law or expressly stated in our Refund Policy, payments are non-refundable and we do not provide partial-period refunds.
How to cancel (subscriptions purchased directly from IceBrkn via Stripe or the web). You can cancel at any time yourself, without contacting us, in the IceBrkn web app under Settings → Plans. You may also cancel by emailing billing@icebrkn.com. Cancellation stops future charges and takes effect at the end of your current billing period; you will keep access to paid features until that period ends. To avoid being charged for the next term, cancel before your current billing period ends. Except where required by law or expressly stated in our Refund Policy, payments are non-refundable and we do not provide partial-period refunds.
Subscriptions purchased through the Apple App Store. If you purchase a subscription through the Apple App Store, Apple bills you and manages that subscription. You must manage or cancel it through your Apple ID / App Store account settings, and cancellation is governed by Apple's terms — IceBrkn cannot cancel, change, or refund App Store purchases. To avoid renewal, you must turn off auto-renew in your Apple account at least 24 hours before the current period ends, as Apple requires.
Free trials and promotional offers. If we offer you a free trial or promotional rate, your subscription will automatically convert to a paid, auto-renewing subscription at the then-current price at the end of the trial or promotional period unless you cancel before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
Changes to price or billing terms. We will provide advance notice of any change to your recurring price or billing terms as required by law. Changes apply to renewal terms after the notice takes effect. If you do not agree to a change, you may cancel before it takes effect; continuing your subscription after the change takes effect constitutes acceptance.
Renewal and trial reminders. Where required by applicable law, we will send you reminders before a subscription renews or a free trial converts to a paid subscription.
Refunds. Refunds for subscriptions and credit purchases are governed by our Refund Policy; App Store purchases are subject to Apple's refund process.
17. Privacy
Your use is also governed by our Privacy Policy, which describes how we handle personal information, including AI processing, public-data enrichment, and third-party providers.
18. Intellectual Property
IceBrkn and its software, design, and content are owned by IceBrkn or its licensors. We grant you a limited, revocable, non-transferable license to use the Services. Feedback you provide may be used by us freely.
19. Suspension & Termination
We may suspend or terminate access for violations, legal/safety reasons, or risk to the Services. You may stop using the Services and delete your account anytime; certain provisions survive termination (§§3–7, 19–21-23).
20. Disclaimers
THE SERVICES, MANAGED AI, AND ALL RELATIONSHIP INTELLIGENCE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, INCLUDING ACCURACY, MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. We do not warrant that Briefs, enrichment, inferences, or relationship intelligence are accurate, current, or complete.
21. Limitation of Liability & Indemnification
Liability cap: to the maximum extent permitted by law, IceBrkn is not liable for
indirect, incidental, special, consequential, or punitive damages, or lost profits/data; total liability is capped at the greater of amounts you paid in the prior 12 months or $100.
Exceptions to the limitations. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. The limitations and exclusions above do not apply to liability for (a) death or personal injury caused by a party's negligence; (b) fraud or fraudulent misrepresentation; or (c) gross negligence or willful misconduct. Because some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, some of the above limitations may not apply to you; in those jurisdictions IceBrkn's liability is limited to the greatest extent permitted by law.
Indemnification: you will indemnify and hold IceBrkn harmless from claims arising out of Your Content, the contacts you upload, your messages/SMS, introductions you initiate, your use of Relationship Intelligence, or your violation of these Terms or law.
22. Dispute Resolution; Binding Arbitration & Class-Action Waiver
22.1 Agreement to Arbitrate; Scope
Except for the Excluded Claims in §22.4, you and IceBrkn agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, Relationship Intelligence, any message, connection request, or SMS sent through the Services, or your relationship with IceBrkn (each, a "Dispute") will be resolved by final and binding individual arbitration. This applies regardless of legal theory, including contract, tort, fraud, statute, or regulation, and expressly includes claims under the Telephone Consumer Protection Act (TCPA) and similar messaging or privacy laws. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
22.2 Informal Resolution First (Condition Precedent)
Before starting an arbitration, the initiating party must first send a written Notice of Dispute describing the claim and the specific relief sought — to legal@icebrkn.com (if you are initiating) or to the email address associated with your account (if IceBrkn is initiating). The parties will attempt in good faith to resolve the Dispute for sixty (60) days after the Notice is received. Completion of this process is a condition precedent to commencing arbitration, and any applicable limitations period is tolled while the parties comply. If a Dispute is not resolved within the 60-day period, either party may begin arbitration.
22.3 Arbitration Rules, Forum & Location
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by this section, before a single neutral arbitrator who will issue a reasoned written award. The seat of arbitration is Dallas County, Texas. However, if you are an individual (non-organizational) user, any in-person hearing will be held in the county of your primary residence, or you may elect to participate by telephone or videoconference, in each case as provided under the applicable AAA rules. Arbitration fees are governed by the AAA rules and, where those rules so provide for consumer claimants, IceBrkn will bear the fees it is required to bear thereunder.
22.4 Excluded Claims
This section does not require arbitration of: (a) an individual claim brought in small-claims court, so long as it remains in that court and proceeds only on an individual basis; and (b) a claim for injunctive or other equitable relief to stop actual or threatened unauthorized use, misuse, or infringement of intellectual property or the Services. In addition, either party may seek interim or provisional relief from a court of competent jurisdiction in aid of arbitration. Seeking such relief does not waive the right to arbitrate.
22.5 Class-Action, Collective & Jury Waiver
To the fullest extent permitted by law, all Disputes must be brought in each party’s individual capacity only, and not as a plaintiff or class member in any class, collective, consolidated, coordinated, mass, or representative proceeding, and not as a private attorney general. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. YOU AND IceBrkn EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
22.6 Coordinated / Mass Arbitration
If twenty-five (25) or more Notices of Dispute raising similar claims are submitted by or with the coordination or assistance of the same or coordinated counsel or organization, the parties agree the claims will be administered under AAA’s Mass Arbitration Supplementary Rules and/or the following batching process: the claims will be grouped into batches of no more than fifty (50) claimants, each batch heard by a single arbitrator for a single set of administrative and arbitrator fees, resolved sequentially as bellwether proceedings; the applicable limitations period is tolled for the unfiled claims during this process. The parties will cooperate in good faith to use the outcomes of the initial batches to inform an efficient resolution of the remaining claims.
22.7 Delegation of Threshold Issues
The arbitrator has exclusive authority to resolve any dispute over the interpretation, applicability, scope, enforceability, or formation of this arbitration agreement, including any claim that all or part of it is void or voidable — except that a court of competent jurisdiction, and not the arbitrator, will decide the enforceability of the Class-Action, Collective & Jury Waiver in §22.5.
22.8 Severability & Carve-Back
If the Class-Action, Collective & Jury Waiver in §22.5 is found unenforceable as to a particular Dispute or a particular request for relief, then only that Dispute or request for relief will be severed from arbitration and heard in a court of competent jurisdiction, and all other Disputes will proceed in arbitration. If any other provision of this section is found unenforceable, it will be severed and the remainder of this section will remain in full force and effect.
22.9 30-Day Right to Opt Out
You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms (or the date this section is first added to Terms you have already accepted) by emailing legal@icebrkn.com with your name, the email address and/or mobile number associated with your account, and a clear statement that you wish to opt out of arbitration. This is the only way to opt out. If you opt out, neither you nor IceBrkn will be required to arbitrate, and the remaining provisions of these Terms — including the governing-law and forum provisions in §25 — continue to apply. Opting out has no effect on any other agreement to arbitrate you may have with IceBrkn.
22.10 Future Changes to This Section
If IceBrkn makes a material change to this §22 after you have accepted it, you may reject the change by emailing legal@icebrkn.com within thirty (30) days after the change takes effect; in that case, the most recent version of this section you accepted before the change will govern Disputes between you and IceBrkn. Continued use of the Services after a change takes effect, without a timely rejection, constitutes acceptance of the change.
22.11 Survival
This section survives termination or expiration of your account and these Terms.
23. Export Control, Sanctions & App Store Terms
23.1 Export and sanctions. You represent that you are not located in, and will not use the Services in, any country or territory subject to a U.S. embargo or comprehensive sanctions, and that you are not identified on any U.S. government restricted- or prohibited-party list. You will comply with all applicable export-control and sanctions laws.
23.2 App stores generally. If you download the IceBrkn app from a third-party app store or distribution platform (each, an "App Store Provider"), your use is also subject to that App Store Provider's terms, and any additional store-required provisions are incorporated by reference. If those provisions conflict with these Terms, the store-required provisions govern to the extent of the conflict, but only with respect to the app obtained from that provider.
23.3 Additional terms for the Apple App Store. If you obtain the app from the Apple App Store, the following additional terms apply and, to the extent of any conflict, govern with respect to that app:
(a) Acknowledgement. These Terms are between you and IceBrkn only, and not with Apple Inc. ("Apple"). IceBrkn, not Apple, is solely responsible for the app and its content.
(b) Scope of license. The license granted to you for the app is a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c) Maintenance and support. IceBrkn is solely responsible for providing maintenance and support services for the app, as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the app.
(d) Warranty. IceBrkn is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the app.
(e) Product claims. IceBrkn, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including (i) product-liability claims; (ii) any claim that the app fails to conform to an applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
(f) Intellectual property rights. In the event of a third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, IceBrkn, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(g) Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
(h) Developer name and address. Questions, complaints, or claims regarding the app should be directed to IceBrkn Holdings, Inc., 5600 W. Lovers Lane #116-214, Dallas, TX 75209, support@icebrkn.com.
(i) Third-party terms. You agree to comply with applicable third-party terms of agreement when using the app.
(j) Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
24. Copyright & DMCA Policy
IceBrkn respects intellectual-property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
24.1 Designated Copyright Agent. Notices of claimed infringement should be sent to IceBrkn's designated agent:
Copyright Agent, IceBrkn Holdings, Inc.
5600 W. Lovers Lane #116-214, Dallas, TX 75209
Email: legal@icebrkn.com
24.2 Notice of alleged infringement. To be effective, your written notice must include substantially the following: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
24.3 Counter-notification. If your content was removed or disabled and you believe this was the result of mistake or misidentification, you may send a written counter-notification to the agent above that includes substantially: (a) your physical or electronic signature; (b) identification of the material and the location where it appeared before removal; (c) a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, together with a statement that you consent to the jurisdiction of the U.S. federal district court for your judicial district (or, if outside the United States, the judicial district in which IceBrkn is located) and will accept service of process from the person who filed the original notice or their agent. We may restore the removed material within 10–14 business days after receiving a valid counter-notification unless the original complainant notifies us that it has filed an action seeking a court order to restrain the allegedly infringing activity.
24.4 Repeat infringers. IceBrkn has adopted a policy of disabling or terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
24.5 Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake, may be liable for damages. If you are unsure whether material infringes your rights, you may wish to consult an attorney before submitting a notice or counter-notification.
25. General
Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full effect. (Section 22 contains its own severability and carve-back rules, which control for that section.)
Assignment. IceBrkn may assign or transfer these Terms, in whole or in part, including in a merger, acquisition, reorganization, financing, or sale of assets. You may not assign or transfer these Terms or your account without IceBrkn's prior written consent, and any attempted assignment in violation of this section is void.
No waiver. IceBrkn's failure to enforce any provision is not a waiver of its right to enforce it later. A waiver is effective only if in writing and signed by IceBrkn.
Force majeure. IceBrkn is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor disputes, governmental action, network, hosting, or utility failures, or third-party provider outages.
Notices. We may give you notice by email to the address on your account, by in-Service posting, or by other reasonable means, and you consent to receive notices electronically. Legal notices to IceBrkn must go to legal@icebrkn.com and to IceBrkn Holdings, Inc., 5600 W. Lovers Lane #116-214, Dallas, TX 75209.
Governing law & forum. These Terms are governed by Texas law, without regard to its conflict-of-laws rules. Subject to §22, for any Dispute not resolved in arbitration you and IceBrkn consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
Entire agreement. These Terms, together with the Privacy Policy and any enterprise or order agreement that expressly applies, are the entire agreement regarding the Services and supersede prior versions and prior agreements on the subject. Headings are for convenience only.
Governing law: State of Texas. Changes: we may update these Terms and will post the new Effective Date; material changes notified as required.
These Terms are the entire agreement and supersede prior versions. Contact: legal@icebrkn.com.