Effective Date: April 30, 2025 | Last Updated: April 30, 2025
Please read these Terms of Service ("Terms") carefully before using the website located at https://www.icepop.co (the "Site") or engaging the services of Ice Pop Inc. ("icepop," "we," "us," or "our").
By accessing or using the Site, or by entering into a service agreement with icepop, you ("Client" or "you") agree to be bound by these Terms. If you do not agree, please do not use the Site or our services.
1. Services
icepop provides digital marketing and design services including, but not limited to: paid social advertising, paid search advertising, search engine optimization (SEO), email marketing, product and web design, and related consulting services (collectively, the "Services").
The specific scope, deliverables, timelines, and fees for Services are defined in a separate Statement of Work ("SOW") or service agreement executed between icepop and the Client. These Terms apply to and are incorporated into all such agreements.
2. Eligibility
By using this Site or engaging our Services, you represent that you are at least 18 years of age, have the legal authority to enter into a binding agreement, and are using the Site and Services for lawful business purposes.
3. Client Responsibilities
To enable icepop to deliver the Services effectively, you agree to:
Provide accurate, complete, and timely information, access, and materials as reasonably requested
Maintain active and properly funded advertising accounts on relevant platforms (e.g., Meta, Google Ads)
Review and approve deliverables within the timeframes specified in your SOW
Ensure that all content, materials, and information you provide do not infringe any third-party rights or violate applicable law
Promptly notify icepop of any changes to your business, products, or marketing objectives that may affect the Services
Delays caused by Client's failure to fulfill these responsibilities may affect timelines and outcomes. icepop is not liable for performance issues arising from Client delays or incomplete information.
4. Fees & Payment
Fees for Services are set forth in your SOW or service agreement. Unless otherwise agreed in writing:
Invoices are due upon receipt or as specified in your agreement
Late payments may incur interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is less)
icepop reserves the right to pause or suspend Services for accounts more than 15 days past due
All fees are non-refundable except as expressly stated in your SOW
Advertising spend paid directly to third-party platforms (e.g., Google, Meta) is separate from icepop's service fees and is managed per the terms of those platforms.
5. Intellectual Property
Upon receipt of full payment for the applicable Services, icepop assigns to Client all right, title, and interest in final deliverables specifically created for Client under a SOW, excluding any pre-existing materials, tools, frameworks, or proprietary methodologies owned by icepop ("icepop IP").
icepop IP — including but not limited to templates, workflows, data models, and internal processes — remains the sole property of icepop. icepop grants Client a non-exclusive, non-transferable license to use icepop IP solely as incorporated into the final deliverables.
Client grants icepop a limited license to use Client's name, logo, and content solely to perform the Services and, unless otherwise requested, to reference the engagement as a case study or in icepop's portfolio.
6. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and to use such information only for purposes of performing obligations under these Terms. This obligation does not apply to information that is or becomes publicly available through no breach of these Terms, or that is required to be disclosed by law.
7. Results & Performance Disclaimer
icepop applies industry best practices and data-driven strategies to deliver results. However, digital marketing performance is influenced by many factors outside icepop's control, including platform algorithm changes, market conditions, competition, and Client-side factors. icepop does not guarantee specific outcomes, rankings, revenue figures, or return on ad spend (ROAS).
Any projections, estimates, or benchmarks provided are for illustrative purposes only and do not constitute a guarantee of performance.
8. Third-Party Platforms & Tools
The Services may involve the use of third-party platforms such as Meta, Google Ads, Klaviyo, Shopify, and others. icepop is not responsible for changes to, outages of, or policy updates from these platforms. Client's use of such platforms is subject to the terms and policies of those platforms directly.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICEPOP'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING UNDER THESE TERMS OR ANY SOW SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO ICEPOP IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL ICEPOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
Client agrees to indemnify, defend, and hold harmless icepop and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's materials or content; (b) Client's breach of these Terms; or (c) Client's violation of any applicable law or third-party rights.
11. Term & Termination
These Terms remain in effect for as long as Client uses the Site or has an active service agreement with icepop. Either party may terminate a SOW upon written notice as specified in that agreement.
Upon termination: (a) Client shall pay all outstanding fees for Services rendered; (b) each party shall return or destroy the other's confidential information upon request; and (c) sections that by their nature should survive termination (including IP ownership, confidentiality, limitation of liability, and indemnification) shall survive.
12. Acceptable Use of the Site
When using the Site, you agree not to:
Use the Site for any unlawful purpose or in violation of any applicable regulations
Attempt to gain unauthorized access to any part of the Site or its related systems
Transmit any malicious code, viruses, or harmful data
Scrape, copy, or reproduce Site content without prior written permission from icepop
Impersonate icepop or any other person or entity
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.
You waive any right to participate in a class action lawsuit or class-wide arbitration against icepop.
14. Modifications to These Terms
icepop reserves the right to update these Terms at any time. Changes will be posted to this page with a revised effective date. Continued use of the Site or Services after such changes constitutes acceptance of the updated Terms. For active client engagements, material changes to Terms will be communicated in writing.
15. Entire Agreement
These Terms, together with any executed SOW or service agreement, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, representations, or agreements. In the event of a conflict between these Terms and a SOW, the SOW shall control with respect to the specific engagement.
16. SMS Messaging Terms & Compliance
Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, and customer support communications.
Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with icepop through our website at https://www.icepop.co, or via our Contact Us page form, and have explicitly opted in to receive SMS notifications.
Cancellation Instructions:
You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially and we will resume sending SMS messages to you.
Support Information:
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to jordan@icepop.co or call (310) 800-1753 during business hours.
Carrier Liability:
Carriers are not liable for delayed or undelivered messages.
Message & Data Rates:
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.
Supported Carriers:
Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.
Age Restriction:
You must be 18 years or older to participate in our SMS program.
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.
Privacy Policy:
Your privacy is important to us. We will not share or sell your personal information to third parties without your consent, except as required by law. For more information, please read our Privacy Policy at https://www.icepop.co/privacy-policy.
17. Contact Us
If you have any questions about these Terms, please contact us: