Terms of Use

Acceptance of these Terms

By downloading, installing or using the IceMind mobile application ("the App") and the website icemindapp.com ("the Site"), you accept these Terms of Use ("Terms") without reservation. If you do not accept them, you must refrain from any use of the App and the Site, and uninstall the App.

IceMind is intended for users aged 15 and older (or the minimum age of digital consent in your jurisdiction, whichever is higher). If you are a minor, you declare that you use the App with the express consent of your legal guardian.

Acceptance of these Terms is materialized by your actual use of the App, which you undertake with full knowledge of the conditions herein.

Service description

IceMind is a cold-exposure tracking application. It allows the user to time sessions, track a streak of consecutive days, unlock points and progress trophies, save cold-bath spots on a map, and review personal session summaries.

The App works offline by default. Extended features (cloud backup, multi-device sync, advanced statistics, full science & mindset library, additional breathing protocols, unlimited spots and trophies) are offered via the paid IceMind Pro subscription.

The App is a personal tracking tool. It is in no way a medical device, a substitute for medical advice, a personalized training program, or a coaching service. It cannot replace consultation with a healthcare professional.

Legal information

Editor: Nohan Lopez
Status: Individual residing in France, operating in a personal capacity
Contact email: support@icemindapp.com
Postal address: available on email request
Publication director: Nohan Lopez

Website host: Google LLC (Firebase Hosting), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Phone: +1 650-253-0000.

App distribution: Apple Distribution International Ltd., Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

Note: the editor currently operates in a personal capacity. A French micro-enterprise registration is in progress to formalize the commercial activity. Registration numbers (SIREN/SIRET) and a registered postal address will be added to this page upon issuance. Any change in legal status will be reflected here.

Account and sign-in

An account is not required to use the App locally. For cloud backup (IceMind Pro), sign-in occurs via Sign in with Apple, per Apple rules.

You are solely responsible for the confidentiality of your Apple ID, the physical security of your device, and any activity performed from your account. In case of loss, theft or unauthorized use, you commit to notifying Apple immediately and updating your credentials.

IceMind Pro and subscription

Certain features are offered via the paid IceMind Pro subscription, at the following price (VAT included where applicable):

• €5.99/month (monthly plan); or
• €35.99/year (annual plan — approximately 50% saving vs monthly).

Prices may vary by region and currency based on Apple's local rate conversions.

A 7-day free trial is offered. At the end of the trial period, the subscription automatically converts to a paid subscription unless expressly cancelled by the user before the end of the trial.

Subscription, billing and renewal

• Subscriptions are sold and managed exclusively by Apple via StoreKit. Payment is charged to your Apple account upon purchase confirmation or at the end of the trial period.
• The subscription auto-renews for the same term unless cancelled at least 24 hours before the end of the current period.

Cancellation and refunds

To manage, pause or cancel: iOS Settings > [your name] > Subscriptions > IceMind. Refund requests are handled by Apple per its own terms: apple.com/legal/internet-services/itunes.

Right of withdrawal / cooling-off period

EU consumers benefit, in principle, from a 14-day right of withdrawal on the subscription, under EU consumer law (Article L221-18 of the French Consumer Code, Directive 2011/83/EU).

However, consumers expressly waive this right for the supply of non-tangible digital content where performance begins with the consumer's prior express consent and acknowledgment of the loss of the right (Article L221-28 13° of the French Consumer Code). Immediate activation of IceMind Pro features (notably cloud sync) at subscription constitutes this express consent.

The 7-day free trial mentioned above constitutes an equivalent commercial protection, allowing you to test IceMind Pro features without commitment before any billing.

For consumers in other jurisdictions, applicable local consumer protection laws apply (e.g. statutory cancellation rights in the UK under the Consumer Rights Act 2015, etc.).

Health and safety warning

Risks associated with cold exposure

Deliberate cold exposure (cold shower, ice bath, open-water immersion, cryotherapy, etc.) may cause, including but not limited to, the following consequences:

• Cold shock response and loss of respiratory control;
• Involuntary hyperventilation and risk of drowning while immersed;
• Hypothermia, numbness, loss of fine motor control;
• Cardiac arrhythmia, atrial fibrillation, cardiac arrest;
• Acute hypertension, excessive vasoconstriction;
• Vasovagal syncope, loss of consciousness, falls;
• Drowning by syncope while immersed;
• Cerebral hypoxia linked to breathing techniques (breath retention);
• Stroke, myocardial infarction;
• Death.

Contraindications

Cold exposure is strongly contraindicated, and mandatorily requires prior medical advice, in case of: cardiovascular conditions, hypertension, heart rhythm disorders, history of stroke or myocardial infarction, circulatory disorders (Raynaud's disease, etc.), epilepsy, asthma, respiratory insufficiency, pregnancy, cold urticaria, cold agglutinin disease, or any other chronic condition.

Mandatory safety rules

• NEVER immerse yourself alone in open water. Always be accompanied by at least one person able to intervene.
• NEVER perform breathing exercises (breath retention, hyperventilation) in water, while driving, or in any situation where loss of consciousness would be dangerous.
• Begin practice gradually and stop immediately at the first sign of malaise, numbness, disorientation, respiratory issues or anything unusual.
• Account for weather, currents, depth and actual water temperature.
• Do not consume alcohol, drugs or medications before a session.
• Have rewarming means available after each session (warm clothes, hot drink, shelter).
• If in doubt, consult a doctor before any progression in your practice.

Acceptance of risks by the user

You expressly acknowledge and accept that you:

• have read, understood and accepted in full the Health and Safety Warning above, including the non-exhaustive list of risks;
• have consulted (or had the opportunity to consult) a healthcare professional prior to any practice, especially in case of doubt about your medical fitness;
• practice cold exposure at your sole initiative, at your exclusive risk, and under your full and entire responsibility;
• are physically and medically fit for cold-exposure practice;
• expressly assume all known and unknown, foreseeable and unforeseeable risks associated with this practice;
• waive any action for liability against the editor in respect of bodily, material or moral damages arising directly or indirectly from your cold-exposure practice, subject to mandatory provisions of applicable law.

You further acknowledge that the App is a measurement and motivation tool, and that the start, duration, and termination of each session are solely your decision and judgment. The editor cannot be held responsible for the consequences of a session you choose to start, prolong or repeat in disregard of safety rules or your current health condition.

Release of liability and indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the editor from and against any claim, action, demand, judgment, cost (including reasonable attorney's fees), loss or damage brought by a third party and arising directly or indirectly from:

• your breach of these Terms or of the Health and Safety Warning;
• use of the App contrary to its purpose, applicable law, or industry safety standards for cold exposure;
• damage caused to a third party in connection with a session you have practiced (e.g. an accompanying person, witness, rescuer);
• infringement of third-party rights resulting from content you have submitted in the App (notes, spot names, etc.).

This indemnification obligation does not apply in case of gross negligence or willful misconduct of the editor, nor in cases where such clause is held unenforceable by a competent court.

Insurance recommendation

The editor strongly recommends that any user practicing cold exposure subscribe to and maintain, at their own cost, a health insurance, a personal liability insurance, and where applicable a sports / aquatic activities insurance covering the risks of the practice.

Absence of such coverage is your sole responsibility and cannot engage the editor's liability.

Acceptable use

You agree not to:

• use the App for illegal, fraudulent, malicious purposes or in violation of these Terms;
• attempt unauthorized access to the editor's or other users' systems, accounts, servers or data;
• decompile, disassemble, reverse-engineer, modify or create derivative works of the App, except within the limits expressly authorized by applicable law;
• disrupt, overload, bypass or hijack the Service;
• use the App for competitive performance pursuits likely to endanger your or others' health;
• submit any unlawful, defamatory, abusive, hateful, sexual or rights-infringing content.

Your content

Content you submit (sessions, spots, notes, profile picture, etc.) belongs to you and remains your property. You grant us only a limited, non-exclusive, royalty-free, revocable license to store and synchronize this content solely to operate the Service for you.

You are solely responsible for the legality, accuracy and non-infringing nature of information you submit. You warrant the editor against any third-party claim based on content you have submitted.

Intellectual property

The IceMind App, its name, logo, design, texts, illustrations, editorial content (science & mindset library), databases and source code are protected by intellectual property rights and remain the exclusive property of the editor.

No reproduction, representation, distribution, commercial exploitation, adaptation, translation or modification, whether total or partial, is authorized without prior written consent of the editor, under penalty of civil and criminal sanctions.

The "IceMind" trademark and associated logo are the exclusive property of the editor. Unauthorized use constitutes infringement.

Service availability

The App and Site are provided "AS IS" and "AS AVAILABLE". The editor uses reasonable efforts to maintain the Service but does not guarantee uninterrupted availability, absence of errors, or compatibility with all devices.

The editor reserves the right, at any time and without notice, to modify, suspend, restrict or discontinue any or all features of the Service, including cloud sync, for technical, legal, economic or strategic reasons. The editor cannot be held liable for the consequences of such unavailability.

The user is invited to keep a copy of important data by appropriate means.

Limitation of liability

To the fullest extent permitted by applicable law, the editor shall not be held liable for:

• bodily, material, financial, moral or other damages, direct or indirect, arising from the practice of cold exposure or any other activity undertaken by the user;
• damages resulting from use of the App contrary to these Terms, the Health and Safety Warning, or safety instructions;
• indirect, incidental, special or consequential damages, including loss of opportunity, loss of profits, loss of chance, loss of data, loss of reputation;
• any unavailability, interruption, loss or alteration of data related to the cloud service, third-party servers (Apple, Google), telecommunications networks or any other cause beyond its control;
• any damage caused by a third party, by your own action or by other users.

In any event, to the fullest extent permitted by applicable law and without prejudice to mandatory product-liability or bodily-injury rules, the editor's aggregate liability, all causes combined, shall not exceed the total amounts actually paid by the user under their IceMind Pro subscription during the 12 months preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited, including in case of gross negligence, willful misconduct, or bodily injury claims under mandatory law.

Force majeure

The editor shall not be liable for non-performance or delayed performance of its obligations resulting from a case of force majeure or events beyond its control, including but not limited to: telecommunications network failures, supplier or sub-contractor failures (Apple, Google, hosts), cyber-attacks, viruses, pandemic, strikes, social unrest, war, terrorism, natural disasters, administrative or judicial decisions.

Electronic communication

You expressly accept that the editor may communicate with you electronically (in-app push notifications, emails) regarding any information related to the Service, the Terms, the privacy policy, security, or feature updates. Electronic writings constitute valid evidence on the same basis as paper writings, in accordance with applicable law.

Alternative dispute resolution

For French consumers: In accordance with Articles L611-1 et seq. of the French Consumer Code, you may, after first attempting to resolve the dispute amicably via a written claim to the editor, refer the matter free of charge to the consumer mediator listed below:

[TO BE COMPLETED — name and contact details of the approved consumer mediator with which Nohan Lopez is registered]

For EU consumers: you may also use the European Online Dispute Resolution platform provided by the European Commission: ec.europa.eu/consumers/odr.

For consumers in other jurisdictions: local statutory dispute-resolution rights remain available.

International users and Apple App Store terms

The IceMind App is distributed worldwide via the App Store. These Terms apply to all users regardless of their location, subject to the following:

Local consumer protections preserved

These Terms are governed by French law for contractual matters (validity, performance, termination). However, local consumer-protection laws prevail where more favorable to the user in their jurisdiction. In particular:

• 🇺🇸 USA: rights under federal and state laws (CCPA, etc.) and Apple's standard terms remain applicable.
• 🇬🇧 UK: rights under the Consumer Rights Act 2015 and UK GDPR apply.
• 🇨🇦 Canada: provincial consumer-protection rights remain applicable.
• 🇦🇺 Australia: consumer guarantees under the Australian Consumer Law remain applicable.
• 🇧🇷 Brazil: rights under the Código de Defesa do Consumidor and LGPD remain applicable.

Apple terms applicable to all App Store users

Use of the IceMind App is further subject to Apple's terms applicable in your region, available at apple.com/legal. In case of conflict between these Terms and the Apple Standard End User License Agreement applicable to the download and use of the App on an Apple device, the Apple terms prevail only on technical software-use questions on the device.

Language of reference

These Terms are originally drafted in French (version française). The English version is provided for informational purposes. In case of interpretation discrepancy between the two versions, the French version prevails for users domiciled in France.

Termination and suspension

You may stop using IceMind at any time by uninstalling the App. Cancellation of your IceMind Pro subscription is performed in iOS Settings as set out in the "IceMind Pro and subscription" article above.

The editor reserves the right, at any time and without notice, to suspend, restrict or terminate your access to any or all of the Service, without compensation, in particular in case of: breach of these Terms, fraudulent conduct, endangerment of others, infringement of the editor's or third parties' rights, payment default, or Apple's decision to withdraw the App from the App Store.

Changes to these Terms

The editor reserves the right to update these Terms at any time to adapt to changes in the Service, applicable law, or case law. In case of substantial change, the user will be informed via in-app notification or other appropriate means, at least 15 days before such change takes effect. Continued use after the effective date constitutes acceptance of the new Terms. Failing acceptance, the user may cancel the subscription and uninstall the App.

Governing law and jurisdiction

These Terms are governed by French law, without regard to conflict-of-laws rules. The reference language is French.

In case of dispute, and following an attempt at amicable resolution and consumer mediation where applicable, the French courts shall have jurisdiction. Consumers may, under Article R631-3 of the French Consumer Code, refer the matter to the court of their domicile, place of delivery, or place of performance.

For non-EU users, applicable local jurisdiction rules and protections continue to apply alongside these provisions.

If a provision of these Terms is held void, unenforceable or inapplicable by a competent court, the other provisions remain in full force.

Contact

For any question, claim or request regarding these Terms: support@icemindapp.com.