Privacy Policy

last updated May 23, 2023

This Privacy Policy explains how IceBreakerApp collects, uses,and discloses records approximately you whilst you get entry to or use ourwebsites, cell application, and different on line merchandise and services(collectively, the "Services"), and whilst you touch our customersupport team, have interaction with us on social media, or in any other casehave interaction with us. This coverage does now no longer follow tosubscription eligibility records we obtain from and technique on behalf of ourbusiness enterprise commercial enterprise clients and partners (described as"Customer Data" withinside the relevant agreement), however thisPrivacy Policy does follow for your use of the Services, irrespective of yoursubscription or account type. Additional records for people withinside the EEA,UK, and Switzerland, in addition to for California residents, may be observedon the cease of this Privacy Policy.

We may also alternate this Privacy Policy from time to time. Ifwe make changes, we are able to notify you via means of revising the date onthe pinnacle of the coverage and, in a few cases, we may also offer you withextra notice (which includes including a declaration to our internet sitehomepage or sending you a notification). We inspire you to study the PrivacyPolicy every time you get right of entry to the Services or in any other caseengage with us to live knowledgeable approximately our records practices andthe alternatives to be had to you.

Collection of Information

Information You Provide to Us

We accumulate records whilst you check in for an account, takepart in interactive features (like through filing a meditation score orfinishing a check-in), fill out a shape or a survey, take part in a competitionor promotion, make a purchase, speak with us through social media sites,request purchaser support, or in any other case speak with us. The records youcould offer consists of your name, email, password, road address, pricetechnique records, goals, preceding meditation experience, moods andreflections you offer in the course of check-ins, comments and surveyresponses, and different records approximately you covered inside your messagesto us or in any other case furnished through the Services. Some customersadditionally offer health-associated records in reference to offering commentsor different messages to us, and we technique that records constant with themotive for which it become furnished.

Other Information About Your Use of the Services

When you use our Services, we collect the following informationabout you:

  • Usage     Information: Whenever you use our Services, we collect usage information,     such as the sessions you use, videos you view or content you listen to,     what screens or features you access, and other similar types of usage     information.
  • Transactional     Information: When you make a purchase or return, we collect information     about the transaction, such as product description, price, subscription or     free trial expiration date, and time and date of the transaction.
  • Log     Information: We collect standard log files when you use our Services,     which include the type of web browser you use, app version, access times     and dates, pages viewed, your IP address, and the page you visited before     navigating to our websites.
  • Device     Information: We collect information about the computer or mobile device     you use to access our Services, including the hardware model, operating     system and version, device identifiers set by your device operating     system, and mobile network information (like your connection type, carrier     and region).
  • Information     we Record: On some occasions, we may record phone or video calls with your     consent, such as in connection with our coaching program or when you     provide us with feedback or market research.
  • Information     we Generate: We generate some information about you based on other     information we have collected. For example, like most platforms, we use     your IP address to derive the approximate location of your device. We also     use your first name to make an educated guess about your gender and use     information about your activity to help determine the likelihood of you     continuing to use our Services in the future (which we hope will be the     case!).
  • Information     Collected by Cookies and Similar Tracking Technologies: We use different     technologies to collect information, including cookies and web     beacons. 

Information We Collect from Other Sources

We additionally attain records approximately you from differentsources, inclusive of transaction records from third-celebration app shops youoperate to put in our app or buy a subscription, and call and phone recordsfrom third-celebration calendar services. Additionally, in case you create orlog into your account thru a social media provider account, we are able to haveget admission to to sure records from that account, inclusive of your call anddifferent account records, according with the authorization processes setthrough that social media provider. Finally, we can also additionally attainrecords approximately you from publicly to be had sources, advertising andmarketing and marketing and marketing partners, purchaser studies platforms,and/or commercial enterprise touch databases.

Use of Information

We use the information we collect to:

  • Provide,     maintain and improve our Services, including debugging to identify and     repair errors, and developing new products and services;
  • Process     transactions and fulfill orders;
  • Send     you transactional or relationship messages, such as receipts, account     notifications, customer service responses, and other administrative     messages;
  • Communicate     with you about products, services, and events offered by IceBreakerApp and     others, request feedback, and send news, gifts or other information we     think will be of interest to you (see the "Your Choices" section     below for information on how to opt out of marketing messages);
  • Monitor     and analyze trends, usage, and activities in connection with our Services;
  • Detect,     investigate and prevent fraudulent transactions and other illegal     activities and protect the rights and property of IceBreakerApp and     others, including to enforce our agreements and policies. If you feel your     transaction was declined in error, please contact us for assistance at     support.Icebreaker-mobile.webflow.io;
  • Comply     with the law, such as by processing transactional records for tax filings     and other compliance activities;
  • Personalize     your online experience and the advertisements you see on other platforms     based on your preferences, interests, and browsing behavior; and
  • Facilitate     contests, sweepstakes, and promotions and process and deliver entries and     rewards.

Sharing of Information

We share information about you as follows and as otherwisedescribed in this Privacy Policy or at the time of collection:

  • With     companies and contractors that perform services for us, including email     service providers, payment processors, fraud prevention vendors and other     service providers;
  • In     response to a request for information if we believe disclosure is in     accordance with, or required by, any applicable law or legal process,     including court order, subpoena, or other lawful requests by public     authorities to meet national security or law enforcement requirements;
  • If     we believe your actions are inconsistent with our user agreements or     policies, if we believe you have violated the law, or to protect the     rights, property, and safety of IceBreakerApp or others;
  • In     connection with, or during negotiations of, any merger, sale of company     assets, financing or acquisition of all or a portion of our business by     another company;
  • Between     and among IceBreakerApp and our current and future parents, affiliates,     subsidiaries, and other companies under common control and ownership; and
  • With     your consent or at your direction. For instance, you may choose to share     actions you take on our Services with third-party social media services     via the integrated tools we provide via our Services.

We also share aggregated or other information not subject toobligations under the data protection laws of your jurisdiction with thirdparties. For example, we sometimes share aggregate information with researchorganizations to help facilitate their research.

Advertising and Analytics Services Provided by Others

We allow others to provide analytics services and serveadvertisements on our behalf across the web and in mobile applications. Theseentities use cookies, web beacons, device identifiers and other technologies tocollect information about your use of the Services and other websites andonline services, including your IP address, device identifiers, web browser,mobile network information, pages viewed, time spent on pages or in apps, linksclicked, and conversion information. This information may be used by IceBreakerAppand others to, among other things, analyze and track data, determine thepopularity of certain content, deliver advertising and content targeted to yourinterests on our Services and other websites and online services, and betterunderstand your online activity. You can disable cookies used for advertisingpurposes through our cookie preferences manager. Or, for more information aboutinterest-based ads, including to use ad industry tools to opt out of havingyour web browsing information used for behavioral advertising purposes, pleasevisit www.aboutads.info/choices (ifyou are in the EU, please visit https://www.youronlinechoices.eu/). Your mobiledevice should also include a feature that allows you to opt out of havingcertain information collected through apps used for behavioral advertisingpurposes.

Data Transfer

IceBreakerApp is based in the UAE and processes information inthe UAE, which may not provide equivalent levels of data protection as yourhome jurisdiction.

Your Choices

Account Information

You may update certain account information you provide to us(such as your password, name and email address) by logging into your account orcontacting us through our Help Center at chris.mccleery@icebreakernetworking.co.uk.If you wish to disable your account, please contact us at chris.mccleery@icebreakernetworking.co.uk,but note that we retain certain information when required or permitted by law.We also retain cached or archived copies of information about you for a certainperiod of time.

Promotional Communications

You may opt out of receiving promotional emails from IceBreakerAppby following the instructions in those emails or by logging into your account.If you opt out, we may still send you non-promotional emails, such as thoseabout your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we send promotional and other pushnotifications to your mobile device. You can deactivate these messages at anytime by changing the notification settings on your mobile device.

Data Access and Deletion

Subject to certain limits and conditions provided under law, wehonor the exercise of the right of access or deletion for all of our users,regardless of their location. Any IceBreakerApp user may exercise this right bycontacting us at chris.mccleery@icebreakernetworking.co.uk.

Information for Individuals in Switzerland, UK and the EEA

The sections below apply to you if you use our Services while inSwitzerland, the United Kingdom or the European Economic Area (collectively,"Europe"). Icebreaker-mobile.webflow.io, Inc. is the data controllerfor personal data governed by this Privacy Policy.

Legal Basis for Processing

When we process your personal data we will only do so in thefollowing situations:

  • As     necessary to perform our responsibilities under our contract with you     (like processing payments and providing the products or services you have     requested);
  • When     we have a legitimate interest in processing your personal data, including     to communicate with you about changes to our Services, to help secure and     improve our Services (including to prevent fraud) and to analyze use of     our Services;
  • As     necessary to comply with our legal obligations; and
  • When     we have your consent to do so.

Data Retention

We retain personal data for no longer than is necessary for thepurposes for which it is processed, unless applicable law requires storage fora longer period of time.

Data Subject Requests

Subject to certain limits and conditions provided under law, youhave the following rights:

  • You     have the right to access personal data we hold about you and to ask that     your personal data be corrected, erased, or made available in a portable     form.
  • You     also have the right to object to certain processing (like receiving direct     marketing), or request that we restrict processing in certain     circumstances (like to retain but not further process pending resolution     of a claim).
  • When     we ask for your consent, you may withdraw that consent at any time.
  • You     have the right to file a complaint regarding our data protection practices     with a supervisory authority. Please see this directory for contact     details: https://edpb.europa.eu/about-edpb/board/members_en.     If you are in Switzerland, please visit this FDPIC site for contact     details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html.     If you are in the United Kingdom, please see this site for contact     details: https://ico.org.uk/global/contact-us/.

If you would like to exercise any of these rights and can't doso directly via the Services or your device, you may contact us as indicatedbelow.

Information for California Residents

This section provides additional disclosures required by theCalifornia Consumer Privacy Act (or "CCPA").

Please see the chart below for a list of the personalinformation we have collected about California consumers in the last 12 months,along with our business and commercial purposes and categories of third partieswith whom this information may be shared. 

Categories of personal information we collect

Identifiers , such as your name, phone number, email address,social media handle, and unique identifiers (like IP address) tied to yourbrowser or device. Characteristics of protected classifications under state orfederal law , such as gender and age. Commercial information , such as yourpayment information and IceBreakerApp product or service purchases. Approximategeolocation data. Internet or other electronic network activity, such asbrowsing behavior and information about your usage and interactions with ourServices. Audio, electronic, visual, or similar information , such as profilephoto or personal information you may provide during customer support calls andcall recordings. Professional, employment, and education information, such asinformation we collect about teachers and other administrators in connectionwith IceBreakerApp Schools Initiative or IceBreakerAppHealth Initiative. Otherpersonal information you provide , including opinions, preferences, goals andprevious meditation experience and other personal information contained inproduct reviews, surveys, or communications. Inferences drawn from the above,such as product interests, and purchasing insights.

Business or commercial purposes for which we may use your information

Performing or providing our services, such as to maintainaccounts, provide customer service, process orders and transactions, and verifycustomer information. Improving and maintaining our Services, such as byimproving our Services and developing new products and services. Debugging ,such as to identify and repair errors and other functionality issues.Communicate with you about marketing and other relationship or transactionalmessages. Analyze usage , such as by monitoring trends and activities inconnection with use of our Services. Personalize your online experience , suchas by tailoring the content and ads you see on our Services and on otherplatforms based on your preferences, interests, and browsing behavior. Legalreasons, such as to help detect and protect against security incidents, orother malicious, deceptive, fraudulent, or illegal activity.

Parties with whom information may be shared

Companies that provide services to us , such as those thatassist us with customer support, subscription and order fulfillment,advertising measurement, communications and surveys, data analytics, fraudprevention, cloud storage, bug fix management and logging, and paymentprocessing. Third parties with whom you consent to sharing your information ,such as with social media services or academic researchers. Our advertisers andmarketing partners, such as partners that help determine the popularity ofcontent, deliver advertising and content targeted to your interests, and assistin better understanding your online activity. 

Subject to certain limitations and exceptions, the CCPA providesCalifornia consumers the right to request to know more details about thecategories and specific pieces of personal information, to delete theirpersonal information, to opt out of any "sales" that may beoccurring, and to not be discriminated against for exercising these rights.

We do not "sell" the personal information we collect(and will not sell it in the future without providing a right to opt out). Wedo allow our advertising partners to collect certain device identifiers andelectronic network activity via our Services to show ads that are targeted toyour interests on other platforms. To opt out, you can use our cookiepreferences tool to disable ad trackers on our website and can adjust yourmobile device settings to limit ad tracking via the mobile app.

California consumers may make a rights request by emailing us atchris.mccleery@icebreakernetworking.co.uk or by submitting the request on ourwebsite at Icebreaker-mobile.webflow.io (click on the box that says "Ask aquestion" and type your request into the pop-up window). We will verifyyour request by asking you to provide information that matches information wehave on file about you. Consumers can also designate an authorized agent to exercisethese rights on their behalf. Authorized agents should submit requests throughthe same channels, but we will require proof that the person is authorized toact on your behalf and may also still ask you to verify your identity with usdirectly.

Notice of Financial Incentives: We offer various financialincentives. For example, we may provide incentives to customers who participatein a survey or provide testimonials. When you participate in a financialincentive, we collect personal information from you, such as identifiers (likeyour name and email address) and information about your experiences using ourServices. You can opt into a financial incentive by following the sign-up orparticipation instructions provided. In some cases, we may provide additionalterms and conditions for a financial incentive, which we will provide to youwhen you sign up. The value of your personal information is reasonably relatedto the value of the offer or discount presented to you.

IceBreakerApp strives to make this privacy policy accessible inline with the World Wide Web Consortium's Web Content Accessibility Guidelines,version 2.1.

Contact Us

If you have any questions about this Privacy Policy, pleasecontact us at: chris.mccleery@icebreakernetworking.co.uk

 

Terms of Service

IceBreaker gives our internet site placed at https://icebreaker-mobile.webflow.io/ (the “Site”) and our rest and self-development offerings on hand thru our Site and our cellular tool application (“App”). To make those Terms simpler to examine, the Site, our offerings and App are together referred to as the “Services.” Please examine those Terms of Service (the “Terms”) cautiously due to the fact they govern your use of our Services.

Agreement to Terms

By the usage of our Services, you compromise to be sure through those Terms. If you don’t conform to be sure through those Terms, do now no longer use the Services.

Privacy Policy

Please discuss with Privacy Policy for facts on how we collect, use and divulge facts from our users. You renowned and agree that your use of the Services is problem to our Privacy Policy.

Changes to Terms or Services

We may also regulate the Terms at any time, in our sole discretion. If we do so, we’ll can help you understand both through posting the changed Terms at the Site or thru different communications. It’s vital which you assessment the Terms each time we regulate them due to the fact in case you preserve to apply the Services after we've published changed Terms at the Site, you're indicating to us which you conform to be certain through the changed Terms. If you don’t conform to be certain through the changed Terms, then you can now no longer use the Services anymore. Because our Services are evolving through the years we may also extrade or stop any or all a part of the Services, at any time and with out notice, at our sole discretion.

Arbitration Notice

Unless you choose out of arbitration inside 30 days of the date you first agree to those phrases through following the choose-out method laid out in the “Arbitration” phase below, and besides for sure styles of disputes defined in the “Arbitration“ phase below, you compromise that disputes among you and MavyApp might be resolved through binding, character arbitration and you're waiving your proper to an ordeal through jury or to take part as a plaintiff or magnificence member in any purported magnificence motion or consultant proceeding.

Who May Use the Services

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

Registration and Your Information

If you need to apply sure capabilities of the Services you’ll must create an account (“Account”). You can try this thru the App or the Site or thru your account with sure third-celebration social networking offerings which include Facebook (each, an “SNS Account”). If you select the SNS Account choice we’ll create your Account via way of means of extracting out of your SNS Account sure non-public records which include your call and electronic mail cope with and different non-public records that your privateness settings at the SNS Account allow us to access.

It’s essential which you offer us with accurate, whole and up to date records on your Account and you settle to replace such records, as needed, to maintain it accurate, whole and up to date. If you don’t, we would must droop or terminate your Account. You agree which you won’t reveal your Account password to every person and you’ll notify us straight away of any unauthorized use of your Account. You’re chargeable for all sports that arise beneathneath your Account, whether or not or now no longer you understand approximately them.

Using the Services

Via the Services, customers can choose from a number of alternatives to create custom designed rest and self-development sessions.

You recognize and agree that the Services, Products and another records you study from IceBreaker aren't intended, designed, or implied to diagnose, prevent, or deal with any situation or disease, to check the nation of your health, or to be an alternative to expert scientific care. Not all sports defined at the Services or Products are appropriate for everyone. Do now no longer use the Services at the same time as driving, running heavy machinery, or acting different duties that require interest and concentration. You recognize and agree which you are entirely liable for your use of the Services.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by IceBreaker regarding future functionality or features.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at chris.mccleery@icebreakernetworking.co.uk. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership

IceBreaker does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, IceBreaker and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the UAE and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to IceBreaker a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

Rights in Content Granted by IceBreaker

Subject to your compliance with these Terms, IceBreaker grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by IceBreaker

Subject to your compliance with these Terms, IceBreaker grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. IceBreaker reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

  • These Terms are concluded between you and IceBreaker, and not with App Provider, and that, as between IceBreaker and the App Provider, IceBreaker, is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of IceBreaker.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, IceBreaker will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Services, or any individual element within the Services, IceBreaker’s name, any IceBreaker trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without IceBreaker’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, IceBreaker’s computer systems, or the technical delivery systems of IceBreaker’s providers;
  • Attempt to probe, scan, or test the vulnerability of any IceBreaker system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by IceBreaker or any of IceBreaker’s providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by IceBreaker or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a IceBreaker trademark, logo URL or product name without IceBreaker’s express written consent;
  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You can delete your account directly in the app in your profile settings. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Deleting your account

You can delete your account directly in the app in just a couple of steps. To do this, you need to: 1) Go to your profile in the app and open the main screen. 2) Click the Delete account button. 3) This action deletes all data from our servers - your statistics, your activity history, logs, all your personal data. Take into account that this action is irreversible.

Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.

We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless IceBreaker and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.

Limitation of Liability

Neither IceBreaker nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not IceBreaker has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

In no event will IceBreaker’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to IceBreaker for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to IceBreaker, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between IceBreaker and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and IceBreaker agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide IceBreaker with written notice of your desire to do so by email at chris.mccleery@icebreakernetworking.co.uk within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide IceBreaker with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide IceBreaker with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide IceBreaker with an Arbitration Opt-out Notice, you acknowledge and agree that you and IceBreaker are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and IceBreaker otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and IceBreaker otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and IceBreaker submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. IceBreaker will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Changes

Notwithstanding the provisions of the “Modification” section above, if IceBreaker changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to chris.mccleery@icebreakernetworking.co.uk) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of IceBreaker’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and IceBreaker in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between IceBreaker and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between IceBreaker and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without IceBreaker’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. IceBreaker may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by IceBreaker under these Terms, including those regarding modifications to these Terms, will be given: (i) by IceBreaker via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

IceBreaker’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IceBreaker. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services or Products, please contact IceBreaker at chris.mccleery@icebreakernetworking.co.uk.