Terms of Service

Iced Blk Coffee

Iced Blk Coffee is licensed to You (EndUser) by Nacreous Solutions, located in ____Houston, Texas___, United States (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. Nacreous Solutions, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Nacreous Solutions acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Iced Blk Coffee, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Iced Blk Coffee is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).

TABLE OF CONTENTS

THE APPLICATION
SCOPE OF LICENSE
TECHNICAL REQUIREMENTS
MAINTENANCE AND SUPPORT
USE OF DATA
USERGENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
LIABILITY
WARRANTY
PRODUCT CLAIMS
LEGAL COMPLIANCE
CONTACT INFORMATION
TERMINATION
THIRDPARTY TERMS OF AGREEMENTS AND BENEFICIARY
INTELLECTUAL PROPERTY RIGHTS
APPLICABLE LAW
MISCELLANEOUS

THE APPLICATION

Iced Blk Coffee (“Licensed Application”) is a piece of software created to celebrate the power of melanin — and customized for iOS and Android mobile devices (“Devices”). It is used to connect and share positive, creative, and inspiring energy.

The Licensed Application is not tailored to comply with industryspecific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the GrammLeachBliley Act (GLBA).

SCOPE OF LICENSE

TECHNICAL REQUIREMENTS

MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address shawnjenkins@icedblkcoffee.social for this Licensed Application.

4.2 Nacreous Solutions and the EndUser acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy, which can be accessed by Private Policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

USERGENERATED CONTRIBUTIONS

IBC is a social media platform that encourages creativity, sharing, and community building. We are committed to providing a safe and respectful environment for all users. This policy outlines our standards and guidelines for usergenerated content to ensure a positive and secure experience on our platform.

Prohibited Content

IBC strictly prohibits the posting, sharing, or distribution of the following types of content:

1.1 Illegal Material: Any images, videos, documents, or sounds that are illegal in nature.

1.2 Child Exploitation: Any content that exploits or harms children, including but not limited to child pornography.

1.3 Indecent Material: Any content that is obscene, vulgar, or offensive in nature.

1.4 Intellectual Property Infringement: Any content that violates the intellectual property rights of others.

Content Moderation

2.1 Filtering: IBC employs automated filtering tools to prevent the posting of prohibited content. Our team continuously updates and improves these tools to maintain a safe platform.

2.2 Reporting: Users are encouraged to report offensive or harmful content through our inapp reporting feature. Reports will be reviewed by our moderation team in a timely manner.

2.3 Blocking: IBC reserves the right to block or ban users who repeatedly violate our content policies.

Contact Information

3.1 Users can reach out to IBC through the contact information provided in the app and on our website for any questions, concerns, or support issues.

App Store Guidelines Compliance

IBC complies with all applicable App Store Guidelines, including but not limited to content moderation, payments, and privacy.

4.1 Kids Category

IBC does not target children and does not participate in the Kids Category of the App Store. Our content and features are designed for a general audience.

4.2 Physical Harm and Medical Accuracy

IBC does not support or endorse content that may lead to physical harm, and we do not provide medical or healthrelated advice. Users are advised to consult with a medical professional before making any healthrelated decisions.

Data Security

IBC is committed to protecting the privacy and security of our users’ data. We implement appropriate security measures to prevent unauthorized access, use, or disclosure of user information.

Reporting Criminal Activity

IBC does not provide a platform for reporting criminal activity. Users are encouraged to contact local law enforcement directly in cases of criminal activity.

Amendments

IBC reserves the right to amend this User Generated Content Policy at any time to ensure compliance with applicable laws and guidelines and to maintain a safe and respectful platform for our users.

By using IBC, you agree to abide by this User Generated Content Policy and to not post, share, or distribute prohibited content as outlined in this policy. Failure to comply with these guidelines may result in the removal of content, blocking of access, or other appropriate actions.

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through thirdparty websites or applications. As such, any Contributions you transmit may be treated as nonconfidential and nonproprietary. You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy, which can be accessed by Private Policy.When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, nonexclusive, transferable, royaltyfree, fullypaid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

LIABILITY

WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Nacreous Solutions’s sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify Nacreous Solutions about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of seven (7) days after discovery.

9.4 If we confirm that the Licensed Application is defective, Nacreous Solutions reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

PRODUCT CLAIMS

Nacreous Solutions and the EndUser acknowledge that Nacreous Solutions, and not the Services, is responsible for addressing any claims of the EndUser or any third party relating to the Licensed Application or the EndUser’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

shawnjenkins@icedblkcoffee.social

TERMINATION

The license is valid until terminated by Nacreous Solutions or by You. Your rights under this license will terminate automatically and without notice from Nacreous Solutions if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

THIRDPARTY TERMS OF AGREEMENTS AND BENEFICIARY

Nacreous Solutions represents and warrants that Nacreous Solutions will comply with applicable thirdparty terms of agreement when using Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s EndUser License Agreement,” both Apple and Google and their subsidiaries shall be thirdparty beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a thirdparty beneficiary thereof.

INTELLECTUAL PROPERTY RIGHTS

Nacreous Solutions and the EndUser acknowledge that, in the event of any thirdparty claim that the Licensed Application or the EndUser’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Nacreous Solutions, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

APPLICABLE LAW

This License Agreement is governed by the laws of the State of Texas excluding its conflicts of law rules.

MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

EULA Nacreous Solutions.