Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines, policies, or rules referenced herein. If you do not agree to these Terms, you must not use our Services.

If you are using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

2. Description of Services

Ice Water Labs provides a range of technology products and services, including but not limited to:

• Software Products: Web applications, mobile applications, and desktop software developed and maintained by Ice Water Labs.
• SaaS Platforms: Cloud-based software-as-a-service platforms accessible via web browsers or APIs, including CRM systems, business automation tools, and management dashboards.
• AI-Powered Tools: Artificial intelligence and machine learning features, including AI agents, voice assistants, document processing, and workflow automation.
• APIs and Integrations: Application programming interfaces and third-party integrations that enable interoperability between systems.
• Hosting and Infrastructure: Web hosting, deployment, and infrastructure management services.
• Custom Development: Bespoke software development, consulting, and technical advisory services.

The specific features, functionality, and availability of our Services may change over time. We reserve the right to modify, suspend, or discontinue any Service or feature at any time, with or without notice.

3. User Accounts

3.1 Registration

Certain Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information. You must keep your account information up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.

3.3 Account Responsibility

You are solely responsible for all activity that occurs under your account, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if your account poses a security risk. You may also delete your account at any time by contacting us.

4. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to send unsolicited commercial messages, spam, or bulk communications.
• Abuse, harass, threaten, or intimidate other users or any third parties.
• Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Service, except as expressly permitted by applicable law.
• Interfere with, disrupt, or impose an unreasonable burden on the Services or the networks or servers connected to the Services.
• Attempt to gain unauthorized access to any Service, user account, or computer system or network.
• Use any automated system, including bots, scrapers, or crawlers, to access the Services without our express written permission.
• Use the Services to violate any applicable local, state, national, or international law or regulation.
• Resell, sublicense, or otherwise commercially exploit the Services without our prior written consent.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services.

We reserve the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

5. SMS/Text Messaging Terms

5.1 Types of Messages

The types of text messages you may receive include:

• Service Notifications: Alerts related to your account, appointments, transactions, or system status.
• Reminders: Scheduled reminders for appointments, follow-ups, or tasks associated with your use of our Services.
• Customer Support: Responses to your inquiries, troubleshooting assistance, and support communications.

5.2 Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a final confirmation message and will no longer receive text messages from us unless you opt in again.

5.3 Help

For help or information regarding our text messaging program, reply HELP to any message you receive from us, or contact us at [email protected] or (435) 900-4562.

5.4 Message and Data Rates

Message and data rates may apply depending on your mobile carrier and plan. Ice Water Labs is not responsible for any charges incurred from your carrier for receiving text messages.

5.5 Consent Not Required for Purchase

Your consent to receive text messages is not a condition of purchasing any goods or services from Ice Water Labs. You may use our Services without opting in to text messaging.

5.6 No Sharing of Opt-In Data

We do not sell, rent, or share your SMS opt-in data or consent information with any third parties for their marketing purposes. Your phone number and opt-in status are used solely to deliver the messages described in these Terms.

5.7 Message Frequency

Message frequency varies based on your interactions with our Services. You may receive messages in response to actions you take (such as scheduling an appointment) or as periodic service notifications.

5.8 Supported Carriers

Our messaging services are supported by major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

6. Intellectual Property

6.1 Our Intellectual Property

The Services and all content, features, functionality, designs, graphics, trademarks, service marks, trade names, logos, and other intellectual property displayed on or through the Services are the exclusive property of Ice Water Labs, LLC or its licensors. These are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to copy, modify, distribute, sell, or lease any part of our Services or their content.

6.3 Your Content

You retain ownership of any content you submit, upload, or transmit through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely as necessary to provide and improve the Services.

6.4 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without any obligation to compensate you or keep such feedback confidential.

7. Third-Party Services

Our Services may integrate with, rely upon, or link to third-party services, platforms, and tools, including but not limited to:

• Supabase (database and authentication)
• Telnyx (telephony and SMS)
• Google (authentication, calendar, and workspace integrations)
• ElevenLabs (voice AI and text-to-speech)
• Stripe (payment processing)
• Cloudflare (content delivery and security)
• Anthropic (AI language models)

These third-party services are governed by their own terms of service and privacy policies. Ice Water Labs is not responsible for the practices, content, or availability of any third-party service. Your use of third-party services is at your own risk.

We do not endorse and are not responsible or liable for any content, advertising, products, or other materials available through third-party services.

8. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Ice Water Labs disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Services will be accurate or reliable.
• Any defects in the Services will be corrected.
• The Services will meet your specific requirements or expectations.

Any content downloaded, accessed, or otherwise obtained through the use of the Services is at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from downloading or accessing such content.

AI-powered features, including AI agents and automated responses, are provided for informational and assistive purposes only. AI-generated content may contain errors, inaccuracies, or outdated information and should not be relied upon as the sole basis for any decision.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICE WATER LABS, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) the Services.
• Any conduct or content of any third party on or through the Services.
• Unauthorized access to, use of, or alteration of your transmissions or content.
• Any errors, inaccuracies, or omissions in AI-generated content or automated actions.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Ice Water Labs, LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
• Any User Content you submit, upload, or transmit through the Services.
• Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination of these Terms and your use of the Services.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Washington County, Utah. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

12. Changes to Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Effective Date" at the top of this page and, where appropriate, notify you via email or through the Services.

Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

We encourage you to review these Terms periodically to stay informed of any updates.

13. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: