END-USER LICENCE AGREEMENT, PRIVACY POLICY AND TERMS OF USE

 

PLEASE READ THESE LICENCE TERMS CAREFULLY

 

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

If you do not agree to these terms, then the app will not allow you to continue/create an account. 

 

If you do not accept the terms of this Agreement, you will be unable to continue and use this App.

 

  1. WHO WE ARE AND WHAT THIS AGREEMENT DOES

Icebreakrr Classic Limited of The Black Church, St Mary’s Place, Dublin 7 license you to use ICE2HOT mobile application software (App) and any updates or supplements to it, as permitted in these terms. Users of the App can purchase a subscription service (Service) as detailed below.

 

  1. YOUR PRIVACY

We only use any personal data we collect through your use of the App in the ways set out in our privacy policy below.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

  1. THE APP STORE'S TERMS ALSO APPLY

The ways in which you can use the App and Documentation may also be controlled by the App Store's rules and policies, which will apply instead of these terms where there are differences between the two.

 

  1. OPERATING SYSTEM REQUIREMENTS

This app requires a mobile telephone or hand held device with a minimum of 57.3mb of memory and a minimum operating software of iOS 13.0 for Apple, and Android 10 for Android.

 

  1. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about the App or have any problems using it please contact us at info@ice2hot.com  

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at info@ice2hot.com .

How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us, or through the App.

 

  1. ELIGIBILITY

You do not have authority to use this App unless all the following conditions are true:

  • You are 18 years of age, or over;
  • You are not barred, under any jurisdiction, from using the App, or similar dating apps;
  • You agree to comply with this Agreement and all applicable local, state, federal, national, and international laws, rules and regulations;
  • You are not required to register as a sex offender in any jurisdiction;
  • You have not been found guilty of an indictable offence, a sex crime, or any crime involving violence;
  • You agree to comply with the Community Guidelines.

 

  1. COMMUNITY GUIDELINES AND ACCEPTABLE USE RESTRICTIONS

Our goal is to allow users to connect with each other, so long as it does not offend others. All users are held to the same standard. The purpose of these Community Guidelines is to keep our users safe. If you breach these Community Guidelines, or the terms of this Agreement, you will be banned from the App.

 

By using the App you agree to comply with our Community Guidelines as follows:

  • You agree not to engage in behaviour that is contrary to these standards, and our expectations of behaviour on the App;
  • You agree not to provide financial or banking information or to transfer money to, or receive money from other users;
  • You agree not to share, create or publish any nudity or explicit content on the App;
  • You agree not to engage in any harassment, violence, or physical harm of other users, and not to share or publish content of this nature;
  • You agree not to engage in any hate speech;
  • You agree not to use the App to promote, advocate, or engage with any commercial sexual services, human trafficking, or other non-consensual acts;
  • You agree not to attempt to obtain other users’ private information for fraudulent or illegal activity;
  • You agree not to publish any content of minors. If you see any content which includes minors, encourages harm to minors, or depicts a minor in a suggestive or sexual way, report it immediately to us.
  • You agree not to use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
  • You agree not to impersonate any third parties, not to misrepresent your age or identity, qualifications or affiliations with other third parties or entities;
  • You agree not to infringe our intellectual property rights or those of any third party in relation to your use of the App;
  • You agree not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • You agree not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • You agree not to collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers;
  • You agree not to publish any content of third parties;
  • You agree not to breach the privacy rights of any third parties;
  • You agree not to publish content which bullies or humiliates another person;
  • You agree not to publish content which promotes or encourages behaviour that characterises a feeding or eating disorder;
  • You agree not to publish content which promotes or encourages self-harm or suicide, or makes available knowledge methods of self-harm or suicide; and
  • You agree not to publish content which gives rise to any risk to a person’s life, or a risk of harm to a person’s physical or mental health.

 

To report breaches of the Community Guidelines please take the following steps:

 

Step 1: Click the three dots icon on the top right-hand side of the user’s profile.

Step 2: Select your reason for reporting the user.

 

  1. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms you may:

  • download the App onto your devices and view, use and display the App on such devices for your personal purposes only.
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

 

  1. SUBSCRIPTION SERVICES

By purchasing a subscription service, users can enjoy the App free of advertisements. The subscription

service can be purchased through the App store, who process the payment on behalf of Icebreakrr

Classic Limited. In order to purchase a subscription service users need to provide valid credit

card/debit card information, and by providing this information, users authorise the App store to bill

all fees, charges and applicable taxes through their account as and when they become due. The user

will be billed in Euro, Sterling or Dollars. Exchange settlements will be determined by agreements

between the user and their credit card/debit card issuer. If the App store does not receive payment

from the credit card/debit card issuer, the user agrees to pay all amounts due on their account upon

demand. If we do not receive prompt payment for all fees, charges and applicable taxes, the user will

be in default and we reserve the right to suspend the user’s account and access the subscription

service without notice.

Users can purchase one of three subscription services: (Your chosen subscription will automatically renew at the end of each subscription period, this can be prevented by canceling your subscription before renewal date)

  • A monthly subscription service which will continue month to month. The monthly subscription fee

    will be billed to your payment method, every month, unless and until you cancel your subscription,

    or it is terminated by us.

  • A six-monthly subscription service which will continue from one six-month period to the next six-

    month period. This six-month subscription service will be billed to your preferred payment

    method, every six months, unless and until you cancel your subscription, or it is terminated by us.

  • An annual subscription service, which will continue from one year to the next year. This annual

    subscription service will be billed to your preferred payment method, on an annual basis, unless

    and until you cancel your subscription, or it is terminated by us.

Refunds

You can cancel your subscription at any time. If you choose to cancel your subscription you will not be refunded for the remainder of the subscription period, but you will still be able to avail of the Service until the end of the subscription period.

 

Purchases for subscription services are generally non-refundable. You have the right to cancel your subscription service within 14 days of purchase, unless at the time of activating your subscription, you agree to lose this right to cancel once the subscription has been fully supplied to you. For other users, outside the European Union, or the European Economic Area, we may refund you if the applicable law of your jurisdiction provides for refunds.

 

You can request a refund through the App store. Apple users can request a refund via iTunes Customer Support, available here. Play store users can request a refund via Google's support page, available here.

 

  1. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App as set out above, you may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

 

  1. CHANGES TO THESE TERMS

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App. 

If you do not accept the notified changes you may not continue to use the App and the Service and certain new features may not be available to you.

 

  1. UPDATE TO THE APP AND CHANGES TO THE SERVICE

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you will not be able to continue using the App.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

 

  1. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

  1. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide to you.

 

  1. WE MAY COLLECT LOCATION DATA

We may make use of location data sent from your devices. If you use this App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.

 

  1. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

 

  1. LICENCE RESTRICTIONS

You agree that you will:

  • except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

 

  1. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, throughout the world belong to us and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, other than the right to use them in accordance with these terms.

 

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Icebreakrr Classic, its affiliates, employees, licensors or service provides be liable for any indirect, consequential damages without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible loss resulting from:

  • your access to or use of, or inability to use or access the App;
  • the conduct or content of other users or third parties on, through, or following the use of the App; or
  • unauthorised access, use or alteration of your content;
  • breaches of the Community Guidelines.

 

  1. INDEMNITY

By accepting the terms of this Agreement you agree to fully indemnify us for any losses arising out of your use of the App, any content you publish, or if you violate this Agreement.

 

  1. DISCLAIMER

We take no responsibility for any content that you or another user, or third party posts, sends or receives through the App. Any material downloaded or otherwise obtained through the use of the App is accessed at your own discretion and risk.

 

  1. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

  1. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

 

  1. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

  1. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

  1. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.

 

  1. ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the Competition and Consumer Protection Commission at their website or to the European Consumer Centre Ireland at their website. If you are not satisfied with the outcome you can still bring legal proceedings.

 

 

 

 

PRIVACY POLICY

Icebreakrr Classic Limited (we) are committed to protecting your personal data and respecting your privacy.

Consent to installation of the App

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data. This information is provided in this privacy policy and it is important that you read that information.

  1. Introduction

This policy together with our end-user licence agreement above (EULA) and any additional terms of use incorporated by reference into the EULA, together our Terms of Use applies to your use of:

  • ICE2HOT (which was last updated on 8th March 2023) mobile application software (App) available on the App store, once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device).
  • Any of the services accessible through the App (Services). This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This App is intended for users who are 18 years of age, and over and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
  1. Important information and who we are

Icebreakrr Classic Limited is the controller and is responsible for your personal data (collectively referred to as "we", "us" or "our" in this policy). Icebreakrr Classic Limited are registered in Ireland under company registration number 718090 and have our registered office at The Black Church, St Mary’s Place, Dublin 7, Ireland.

If you have any questions about this privacy policy, please email us at info@ice2hot.com.

You have the right to make a complaint at any time to the Data Protection Commissioner (DPC), the EU regulator for data protection issues.

 

  1. Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 8th March 2023. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you when you next start the App. The new policy may be displayed on-screen, and you may be required to read and accept the changes to continue your use of the App or the Services.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.

  1. Third party links

Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth, and gender.
  • Contact Data includes email address, and telephone number, and Facebook profile.
  • Financial Data includes payment card details.
  • Device Data includes information about your device which may include hardware and software information such as IP addresses, device ID and type, app settings and characteristics.
  • Content Data includes information which you voluntarily disclose on the App.
  • Profile Data includes your username and password, your interests, preferences, feedback and any survey responses.
  • Usage Data includes information about how you use our App, products and services.
  • Marketing and Communications Data includes your preferences
  • Location Data
  • Special Categories of Personal Data this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, and information about your health.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

  1. How is your personal data collected?

We will collect and process the following data about you:

  1. How we use your personal data

We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:

  • Where you have consented before the processing.
  • Where we need to perform a contract we are about to enter or have entered with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  1. Purposes for which we will use your personal data

Purpose/activity

Type of data

Lawful basis for processing

To install the App and register you as a new App user

Identity

Contact

Financial

Device

Special categories of personal data

Location

Your consent

Performance of a contract with you

To process in-App purchases and deliver services including managing payments and collecting money owed to us

Identity

Contact

Financial

Transaction

Device

Marketing and Communications

Location

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you including notifying you of changes to the App or any services

Identity

Contact

Financial

Profile

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)

Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)

To enable you to participate in a competition or complete a survey

Identity

Contact

Device

Profile

Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (to analyse how customers use our products/Services and to develop them and grow our business)

To administer and protect our business and this App including troubleshooting, data analysis and system testing

Identity

Contact

Device

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)

To deliver content and advertisements to you

To make recommendations to you about goods or services which may interest you

To measure and analyse the effectiveness of the advertising we serve you

To monitor trends so we can improve the App

Identity

Contact

Device

Content

Profile

Usage

Marketing and Communications

Location

Necessary for our legitimate interests (to develop our products/Services and grow our business)

  1. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

  • to third parties who we engage to provide services to us, such as professional advisers, auditors, insurers and service providers;
  • to other members of our organisation or affiliates;
  • to third parties, their agents and professional advisors, subject to confidentiality obligations, for the purpose of a due diligence exercise by third parties in connection with any proposed merger, acquisition, re-organisation or transfer of our business and to any person proposing to participate in, promote, underwrite or manage any such arrangement; and
  • to competent regulatory or other authorities and bodies as requested or required by law

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

  1. International transfers

We might transfer your personal data outside the European Economic Area, including to a jurisdiction which is not recognised by the European Commission as an area that provides for an equivalent level of protection for personal data as is provided for in the European Union. If, and to the extent that we do so, we will ensure that appropriate measures are in place to comply with our obligations under applicable law governing such transfers. These may include entering into a contract governing the transfer that contains the ‘standard contractual clauses’ approved for this purpose by the European Commission. If you would like to receive further details of the measures that we have taken in this regard, please contact us at  info@ice2hot.com 

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  1. Data retention

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data.

Under certain circumstances, you have rights under data protection laws in relation to your personal data as follows:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data's accuracy.

Where our use of the data is unlawful but you do not want us to erase it.

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at the details set out above.

No fee required 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, in very limited circumstances, per Article 12(5) GDPR, where the initial request is “manifestly unfounded or excessive”, we may charge a reasonable fee for the administrative costs of complying with the request. In addition, under limited circumstances, where a request is “manifestly unfounded or excessive”, we may also, where appropriate, refuse to act on the requests.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You can exercise any of these rights at any time by contacting us at info@ice2hot.com.