1 Introduction

1.1 This website, available at icepack.ai (Website), is owned and operated by Icepack Limited (Icepack).

1.2 These terms and conditions (Terms) govern the use of the Website and the solution made available through the Website (Solution). The Solution is an automated optimisation engine which you (as a customer and user of the Website or Solution) use by submitting information in a required format through the Website

1.3 By clicking “Accept” when you purchase a monthly subscription or credits (see clause 5 below) and then using the Website or the Solution you are bound by these Terms

1.4 Any communications to Icepack that are made in connection with these Terms must be sent to the Icepack email address set out in the Website’s Contact page. Icepack will send communications to you at the email address provided by you during registration.

1.5 For contractual purposes, you

• (1) consent to receive communications from us in an electronic form via the email address you have submitted; and
• (2) agree that all Terms of Service, agreements, notices, disclosures, service of any legal process, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.

This section does not affect your non-waivable rights.

2 Registration

2. 1 To use the Solution you must register on the Website. All information required for registration must be fully and accurately supplied and updated by you when necessary to keep your information current. Icepack reserves to the right to deactivate your Website account if you supply any misleading, incomplete or inaccurate information. Login Credentials

2.2 Access to your Website account and to the Solution will be through a username and password (Login Credentials) selected by you. You must keep your Login Credentials secret and only you may use them. If you allow another person to use your Login Credentials, Icepack will not be liable for any harm or loss you suffer. Icepack may also deactivate your account.

2.3 You may not use the Login Credentials of another user of the Solution.

2.4 Icepack will assume that any access to your account through your Login Credentials is by you. You must notify Icepack immediately if you become aware or reasonably suspect that another person has access to or has used your Login Credentials, and you must change your Login Credentials immediately. If someone else does use the Website or Solution with your Login Credentials, you must also take reasonable steps to reduce the chances and severity of any loss or harm being suffered by you as a result.

3 Configuration of your user interface

3.1 The Solution operates in conjunction with your user interface. To make use of the Solution your user interface must be configured to interface with the Solution’s systems. The Website contains comprehensive information as to what configuration is required from you to ensure that your user interface can inter-operate with the Solution.

3.2 If you configure your user interface incorrectly this may cause the output of the Solution to be inaccurate or incomplete. Icepack will not be liable to you if the output of the Solution is inaccurate or incomplete as a result of your user interface being configured incorrectly.

4 Using the Solution

4.1 To use the Solution you must send well-formed (as directed by Icepack) payload requests with the correct key to the appropriate solver API. The Website gives you directions as to the required information and format when requesting use of and using the Solution. It is up to you to follow the directions provided accurately and in full. If you do not do so, this may cause the output of the Solution to be inaccurate or incomplete. Icepack will not be liable to you if the output of the Solution is inaccurate or incomplete as a result of your not following the directions provided by Icepack.

4.2 If you use the Website or Solution in a way that compromises the Solution or Icepack’s servers or the use by others of the Website or Solution, this will be regarded as misuse of the solution and Icepack may suspend your account pending investigation and resolution of the problem. If Icepack finds that your misuse of the Website or Solution was deliberate, Icepack may, in its sole and absolute discretion terminate your account. Any monies paid in advance will not be refunded and will instead be retained by Icepack as a penalty.

4.3 Icepack does not permit the use of the Website or Solution by any person, or in any country or for the benefit of any person located in a country, upon which sanctions have been imposed by the United States, the United Kingdom or United Nations. Icepack will, without notice or liability to you suspend or terminate your account if it suspects or determines that you are a person, or are using the Website or Solution in any country or for the benefit of any person located in a country, upon which such sanctions have been imposed. Any monies paid in advance will not be refunded and will instead be retained by Icepack as a penalty.

5 Payment for the Solution

5.1 You may have limited use of the Solution at no charge in Icepack’s sole and absolute discretion.

5.2 For use of the full Solution you must either purchase a monthly subscription or purchase credits to use the Solution on a pay-per-use basis. Full details of the subscription and credit offerings are available here

5.3 Both subscriptions and credits must be purchased in advance and with the exception of the limited, discretionary free access referred to in clause 5.1, no access to the Solution will be allowed without payment in advance.

5.4 Once you have selected the subscription or credits that you want to purchase, you will be directed to a link to a secure site for payment for the purchase price. Payment must be made on the Website using a valid credit card.

5.5 All payments will be processed in Euros inclusive of all taxes.

6 Cooling off period

You are entitled to cancel, without any reason and without any penalty, your transaction, use and/or subscription for the Solution within 7 days after receiving full access to the Solution. This right to cancel does not, however, apply to use of the Solution which began with your consent before the end of the 7 day period. If this right to cancel applies to you and you decide to cancel

• (1) you will receive a full refund of the subscription or credits paid within 30 days of the date of cancellation;
• (2) you will not use the Solution; and
• (3) Icepack will consider your agreement cancelled.

7 Support

7.1 By purchasing access to the Solution, you have access to support through Icepack’s helpdesk at no charge for general enquiries such as the use of the Solution, configuration of your user interface and the submission of information so that you can use the Solution. Whilst Icepack will make reasonable efforts to provide the support during its normal business hours but, no representations are given about the support including, without limitation, the speed at which you will be assisted and whether or not Icepack’s support personnel will be able to assist you.

7.2 The contact details for Icepack’s helpdesk are located here

7.3 If you wish to obtain enhanced support, you can purchase a support plan through the Website. The details of Icepack’s support offerings are available here

8 Intellectual property

8.1 The Icepack name and logo are the intellectual property of Icepack and may not be used in any way without obtaining Icepack’s prior written permission.

8.2 All intellectual property comprising the Website and the Solution belongs to Icepack or its licensors. You and your users acquire no rights in this intellectual property and may not assert any rights to it. You must not make or issue any statement to the press, formal or informal announcement or advertisement in connection with the Website or Solution to any other person without our prior written consent.

8.3 To configure your user interface to inter-operate with the Solution, certain source code of the Solution will be accessible by you. The sole purpose of giving you access is to enable you to integrate your user interface with the Solution. You may not use that source code for any other purpose.

8.4 The output of the Solution based on your use of it belongs to you and Icepack claims no rights in it, provided that Icepack may own and use the data contained in the output in de-identified form.

8.5 Any breach of this clause 8 will result in the immediate suspension or termination of your account in Icepack’s sole and absolute discretion. Any monies paid in advance will not be refunded and will instead be retained by Icepack as a penalty.

9 Confidentiality and transmission of information

9.1 When using the solution you will also provide other non-personal information to Icepack. Icepack will treat this information as confidential and take reasonable measures to prevent it being accessed by unauthorised persons.

9.2 The use of the internet to transmit information carries inherent risks over which Icepack has no control. You must therefore accept any risks of transmitting information through the Website.

10 Disclaimers

10.1 Icepack uses standard protection software against viruses and other harmful code but does not warrant that the Website is free from all harmful software, viruses, errors or other devices that have the ability to corrupt a user’s computer.

10.2 Icepack does not warrant that the Website is compatible with your computer equipment or software including your user interface.

10.3 The Website may contain links to other internet websites over which Icepack has no control. Some internet websites contain offensive, obscene, upsetting or otherwise objectionable material. Whilst Icepack does not intentionally link the Website to other internet websites containing such material, it is unable to ensure that they are free of it. You are advised to exercise caution when linking to other internet websites from the Website. Icepack is not liable for any losses or damages suffered by you or claims you may have arising from the content of other internet websites.

11 Breach

11.1 If you breach any provision of these Terms, Icepack reserves the right to terminate or suspend any relationship that exists between you and it, and / or prohibit access to the Website and Solution, and / or take the appropriate legal action to recover any loss it may have suffered.

12 Limitation of liability and indemnity

12.1 To the extent permitted by law, Icepack and its employees and directors will not be liable for, and you indemnify each of them against, any loss or damages, direct or consequential, including those connected to:

• (1) your use of the Website or Solution;
• (2) your inability to use the Website or the Solution;
• (3) any operational failure of the Website;
• (4) your incorrect configuration of your user interface;
• (5) information submitted by you through the Website to use the Solution;
• (6) unlawful activity on the Website or any linked third party internet websites;
• (7) your reliance on any information or content provided on the Website;
• (8) any virus or other harmful code downloaded from the Website by you;
• (9) you uploading or transmitting any code including, without limitation a virus or other harmful code to the Website or the Solution; or
• (10) breach of security through the Website.

12.2 Icepack is not liable to you for any consequential loss or damage.

12.3 To the extent permitted by law, any other claim you may have against Icepack is limited to the value of the month’s subscription or your per-use credits, as applicable, at the time of the event giving rise to your claim.

13 Variation

13.1 Icepack may, in its sole and absolute discretion, change any of these Terms at any time. The current published version of the Terms always applies. It is your responsibility to regularly check these Terms on the Website for changes or updates and your use of the Website or Solution after changes to the Terms take effect is your acceptance of those changes.

14 Severance

14.1 Any illegal or unenforceable provision of these Terms may be severed and the remaining provisions of these Terms continue in force.

15 Applicable law and jurisdiction

15.1 These Terms are governed by the laws of the Republic of Ireland.

15.2 Except to the extent that any other regulatory authority has jurisdiction, you agree that any competent court in the Republic of Ireland has jurisdiction over any disputes arising from these Terms.

16 Additional Information about Icepack

More information about Icepack and be found here.

17. Contact Icepack

If you have any questions or comments regarding these Terms or the Website, please contact Icepack here

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