TERMS OF SERVICE

Last updated: January 13, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the icebergh.co website, the Icebergh tablet application, or any other Services operated by Icebergh.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By installing, purchasing, using, accessing, or interacting with any of the Services of Icebergh, you accept and agree to be bound by to these Terms and our Privacy Policy. If you disagree with any part of the terms then you may not access the Service.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

We reserve the right at any time, at our sole discretion, to modify the Terms without prior notice, and your continued access to or use of the Services signifies your acceptance of the updated or modified Terms.

We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, the violation of these Terms.

Definitions

For the entirety of these Terms, the follow terms are defined as noted:

Services” – all products and services owned by, marketed by, or managed by Icebergh. This includes, non-extensively, the icebergh.co website, Icebergh applications, future apps and sites, and all other products owned and/or marketed by Icebergh

Icebergh” – AlphaBrav Group LLC dba Icebergh, a Pennsylvania LLC located at 110 Miles Street, Dalton, PA 18414. The terms “us”, “our”, “we” refer to Icebergh.

User” – Any individual or entity installing, purchasing, using, accessing or interacting with any of the Services of Icebergh. This includes, non-extensively, clients using the Icebergh platform to collect survey responses, visitors to the Icebergh website, and respondents taking a survey on the Icebergh platform. The terms “you” and “your” refer to Users.

Your content” - Content provided, caused, or created by you while using or interacting with the Services of Icebergh. This includes, non-extensively surveys and survey responses. Additionally, this includes any and all analyzed respondent data gathered from interacting with the Services.

Eligibility

You must be 18 years of age or older to use or interact with the Services. Residents of the state of Illinois and organizations located in the state of Illinois are currently not eligible to use or interact with Icebergh's survey kiosks or software.

Notice of Image and Bio-metric Data Capture and Usage

Some services of Icebergh may capture and analyze your image and likeness for the purpose of analyzing bio-metric data. This data is used to predict common demographic and emotional information. After bio-metric analysis is completed, Icebergh's systems are designed to permanently delete captured images. By interacting with Icebergh Services, you consent to the capture, analysis, and temporary storage of such images, along with the permanent usage of bio-metric data derived from such analysis.

Your Risk in Using Services

Icebergh takes appropriate steps to operate at a high standard. However, the use of our Services is at your own risk. Icebergh cannot be held responsible in any case of:

  • Deletion, loss, or theft of data

  • Interruption of the services

  • Security failures, such as those resulting in an attack on your data or system

  • Technical malfunctions or errors

  • Lack of accuracy or reliability of any content provided by our Services

  • Fraudulent use of your account

  • Unauthorized access to or use of your information

  • Any damages, including without limitation:

    • lost profits

    • business interruption or other loss resulting from the use of or the reliance in any survey, survey responses or survey results created through the services.

If you hold an account, you are fully responsible for all activities that occur under your account and password. You agree to keep your account information and password secure and confidential. If you suspect unauthorized use of your account, you agree to change your password immediately and notify us.

Prohibited Use

In using the Services, you agree you will not, nor will you assist or encourage others to:

  • Engage in any spamming activities of any kind;

  • Use our services to harvest or collect information;

  • Transmit, distribute or make available any content that is unauthorized, unsolicited, promotional, objectionable, illegal, harmful, or infringing on any rights or property:

  • Use a false identity or email address, or otherwise attempt to mislead Icebergh or others;

  • Use the Services to engage with any persons under 18 years old, including the collection of survey responses;

  • Use or transfer information found on or gained through Icebergh’s services except as expressly authorized by Icebergh or as stated in these Terms;

  • Reverse engineer, disassemble, decipher or otherwise attempt to derive the source code for the Services or any underlying intellectual property used to provide the Services, or any part thereof;

  • Utilize any data you view on or obtain from Icebergh to provide any service that is competitive, in Icebergh’s sole discretion;

  • Collect, use, or transfer any information obtained from Icebergh except as expressly permitted in these Terms or as expressly permit by Icebergh or the information owner;

  • Use means, whether automated or manual, or processes to access, scrape,or index any web pages or any other portion of the Services;

  • Unauthorizedly simulating the appearance or function of Icebergh’s Services or content;

  • Attempt to or actually override any security component of the Services;

  • Attempt to gain unauthorized access to the Services, accounts, or systems or networks through any mean;

  • Engage in any action that directly or indirectly interferes with the proper function of Icebergh or its Services;

Limited License to Your Content

You grant Icebergh a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your content, except as prohibited by these Terms and our Privacy Policy. This license continues even after you stop using our Services. Excluded from this license is personally identifiable information, except when used to provided services to you or agents identified by you. This license may also extends to any trusted third parties we work with.

Copyright Policy

All trademarks, service marks, logos, trade names and any other proprietary designations of Icebergh used herein are trademarks or registered trademarks of Icebergh and may not be copied, imitated or used, in whole or in part, without the prior written permission of Icebergh. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.

If you believe that any content on our Site or Services constitutes copyright infringement, contact us with information regarding the suspected infringement so we can investigate the claim and take appropriate action.

Icebergh Intellectual Property (IP)

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through or submit to the Services. These Terms do not grant you any right to use Icebergh's trademarks or other brand elements without prior written consent.

Fees and Payment

Fees for Services. You agree to pay to Icebergh any fees for any and all Services you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you or advertised for that Service. Where applicable, you will be billed using the billing method you select at the time of purchase. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Icebergh may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then current billing cycle of your Subscription. Icebergh will provide you with reasonable prior notice of any change in fees. You will have an opportunity to cancel your Subscription before the change becomes effective, and for 5 business days following the first billing cycle of changed fees.

Subscriptions. Some of our Services may be billed on a subscription basis. For these services, you will be billed in advance on a recurring, periodic basis (“billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal by contacting Icebergh prior to the start of a new billing cycle. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of the current billing cycle.

Taxes. Unless otherwise stated, you are responsible for any applicable taxes or duties associated with the sale of the Services, including any related penalties or interest. You will pay Icebergh for the Services without any reduction for taxes. Certain applicable taxes, such as sales tax, may be invoiced and collected from you, unless you provide Icebergh with a valid tax exemption certificate authorized by the appropriate authority.

Overage Fees. Unless otherwise stated, any overage fees may be charged for past-due invoices. Any invoices or fees, including overage fees, which remain unpaid for 30 days after being billed are considered overdue. Failure to pay invoice and overage fees when due may result in the applicable Service being limited, suspended, or terminated, except when prohibited by law, which may result in  a loss of your data associated our Services.

Disclaimer

ICEBERGH IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SURVEY CREATED THROUGH OR HOSTED ON THE OUR SERVICES. WE MAKE NO WARRANTY, GUARANTEE, OR STATEMENT ON THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICES.

ICEBERGH DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. SERVICES MAY BE INTERRUPTED BEYOND OUR CONTROL. ICEBERGH DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ICEBERGH DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT AND FOR ANY OTHER REASON.

ICEBERGH MAY MODIFY OR TERMINATE SERVICES OR USER ACCESS AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE. UPON TERMINATION, YOUR RIGHTS TO USE THE SERVICES CEASE IMMEDIATELY AND ICEBERGH SHALL HAVE NO OBLIGATION WHATSOEVER TO RETAIN, FORWARD OR MAKE AVAILABLE TO YOU ANY SURVEY, SURVEY RESPONSES OR SURVEY RESULTS, EXCEPT AS STATED BY OTHER CONTRACTUAL TERMS BETWEEN YOU AND ICEBERGH.

IF YOU ARE DISSATISFIED OR HARMED BY ICEBERGH, ITS SERVICES, OR ANYTHING RELATED TO ICEBERGH, YOU MAY CLOSE YOUR ACCOUNT (IF APPLICABLE), STOP USING THE SERVICES, AND TERMINATE THESE TERMS WITH NOTICE TO ICEBERGH. SUCH ACTIONS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.

IF APPLICABLE, ANY AND ALL LEGALLY REQUIRED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE, EXCEPT WHERE PROHIBITED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ICEBERGH BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ICEBERGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

Indemnification

You agree to indemnify and hold Icebergh harmless from and against any and all third party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out of (1) your failure to comply with these Terms; (2) your use of the Services; and (3) your violation of any law or the rights of a third party.

Choice of Law

These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the Commonwealth of Pennsylvania regardless of your country of origin or where you access Icebergh, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Icebergh agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the Commonwealth of Pennsylvania, except as otherwise agreed by the parties.

Links to Third-Party Sites

Icebergh and it’s services may include links to third party websites. Icebergh is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites, nor does Icebergh make any claim or warranty on the content of any third party sites. Icebergh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites.  These Terms do not apply to your use of any third-party site.

Entire Agreement & Severability

You agree that these Terms constitute the entire, complete and exclusive agreement between you and Icebergh regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.

If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

Waiver of Rights and Injunction

Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing and signed by a duly appointed officer of Icebergh.

Assignment of Rights

You may not assign the Terms or any part, nor transfer or sublicense your rights under the Terms, to any third party.

 

Contact

If you have any questions or concerns regarding Icebergh, it’s services, these Terms, our Privacy Policy, please contact hello@icebergh.co.