Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, APIs, and services (collectively, the "Services") provided by The Iceberg Co LLC ("Iceberg," "we," "us," or "our"), a Wyoming limited liability company located at 30 N Gould Suite N, Sheridan, WY 82801.

By accessing or using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization and these Terms apply to it.

1. The Services

Iceberg provides Subzero, a data tokenization and encryption platform that enables developers and organizations to protect sensitive data within AI applications and pipelines. The Services include our SDKs, APIs, web application at app.subzero-data.com, documentation, and any related tools or features.

2. Accounts

To use certain features of the Services you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at legal@theicebergcompany.com of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of any third party
• Transmit malicious code, interfere with, or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to any system or network connected to the Services
• Resell or sublicense the Services without our prior written consent
• Use the Services to process data in a manner that violates the rights of any individual

We reserve the right to investigate and take appropriate action against any violation of this section, including suspension or termination of access.

4. Your Data

You retain ownership of all data you submit to the Services ("Customer Data"). By using the Services you grant us a limited license to process Customer Data solely to provide and improve the Services.

Subzero is architected so that encryption keys remain in your own cloud key management system (KMS). Iceberg does not hold raw plaintext values. You are responsible for ensuring your use of the Services complies with applicable data protection laws and your obligations to end users.

5. Intellectual Property

The Services, including all software, designs, text, and documentation, are owned by Iceberg or its licensors and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose during the term of your subscription.

6. Fees and Payment

Certain tiers of the Services may require payment of fees. Applicable fees, billing cycles, and payment terms are described in your subscription plan or order form. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to modify pricing with reasonable advance notice.

7. Confidentiality

Each party agrees to keep the other's non-public business, technical, and financial information confidential and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination of these Terms for three (3) years.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICEBERG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Iceberg and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any applicable law or third-party rights.

11. Term and Termination

These Terms remain in effect while you use the Services. Either party may terminate for convenience upon notice. We may suspend or terminate your access immediately if you violate these Terms or if we determine your use poses a risk to the Services or other users. Upon termination, your right to use the Services ceases and you must delete any local copies of our software.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. Any dispute arising under these Terms shall be resolved through binding arbitration in Sheridan County, Wyoming under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on our website and updating the effective date above. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms should be directed to: