Terms of Service
Last updated: June 20, 2022
In this Agreement, we refer to ourselves as “Floxxo” or “us” or “we”. We refer to you as "you" or "customer". Floxxo and Customer are referred to individually as a "Party" and collectively as the "Parties" in this Agreement.
You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement on behalf of yourself or a party you represent. You are solely responsible for your activities and interactions with the Services.
You may not use the Services for any purpose beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, permit any third party to: (i) copy, modify, or create derivative works from the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to access any mobile app component of the Services, in whole or in part; or (iii) use the Services in any way or for any purpose that infringes, misuses or otherwise violates any intellectual property right or other right of any person (including without limitation web scraping) or otherwise violates any law or regulation violates, or other legal requirements.
Purchases are intended only for you as the end user and are not permitted for resale without the express permission of Floxxo. We reserve the right to refuse or cancel your order if we suspect you are purchasing Services for resale. Title to products purchased from Floxxo passes to you at the time of delivery by Floxxo or our nominated carrier.
Except for the limited license to access the Website and Mobile App set forth above, you acknowledge that nothing in this Agreement shall be construed as granting or conferring any right, title or interest in any intellectual property, including any (i) inventions (whether or not patentable in any country), patent, patent application, invention disclosure, improvement, trade secret, proprietary information, know-how, information or technical data; (ii) copyrighted works, copyright registrations, mask works, registrations of mask works or applications in the European Union or any other country; (iii) any trademark, trademark registration, service mark, logo or application therefor in the European Union or other countries; (iv) trade secrets; or (v) any other tangible or intangible property right anywhere in the world.
You acknowledge and agree that the Services may be temporarily inaccessible or non-functional for any reason, including but not limited to: (i) device malfunction; (ii) periodic maintenance or repairs that Floxxo may perform on you from time to time without notice; or (iii) causes beyond Floxxo's control or which are not reasonably foreseeable.
If certain services or functions are not permitted in your country, they will not be activated.
Floxxo may, from time to time and in its sole discretion, engage other service providers to assist in the provision of the Services, such as Web hosting providers, payment processors and other third parties. You must comply with the Terms of Service and other requirements related to the Services provided by such third parties in connection with the Services.
You acknowledge that you are solely responsible and liable for your direct or indirect use of the Services, including understanding whether such access or use is permitted by this Agreement or constitutes a breach of this Agreement. You are also solely responsible for complying with all applicable laws relating to your use of the Services. You may continue to use the Services only for lawful purposes and conduct all business through the Services in accordance with all applicable laws and regulations.
You are solely responsible for ensuring and maintaining your ability to access and use the Services, including securing your own compatible hardware, mobile app, internet access, mobile security app, backup device or service, and any other requirements. Floxxo is not responsible for providing additional mobile apps or hardware. You further agree that Floxxo shall not be responsible for any loss of data or any other damage or loss arising in connection with your use of the Services, including failure to provide adequate security or backup devices or services.
You are responsible for ensuring that Floxxo has accurate and up-to-date information for your customer account, including up-to-date contact and payment information. You are also responsible for regularly checking the customer's associated email account for communications from Floxxo.
If you are provided with a username, password, file containing credentials or other information as part of any security procedure (“Credentials”), you must treat such information as confidential and you must not disclose Credentials to any other person or entity. You acknowledge that your account and login credentials are personal to you and further agree not to allow any other person to access the Services or any portion of the Services using your username, password or other security information. You must notify Floxxo immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. Floxxo has the right to disable any username, password, login information or other identifier at any time, whether chosen by you or provided by Floxxo.
Floxxo will use commercially reasonable efforts to provide reasonable support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
Paid Services include the Services, which may be one-time purchases or upgrades of Services. We may change, suspend, or discontinue Paid Services at any time for any reason, and Floxxo reserves the sole discretion to determine which Services, or any portion thereof, require payment.
Paid Services may include pre-order products that will be produced for you in the future (“Pre-Order”). When you place your pre-order, you will be charged a pre-order fee. The actual shipping date of an accepted pre-order will depend on a variety of factors, including but not limited to the date of payment of your pre-order fee and Floxxo's production schedule. There is no delivery date guarantee for pre-orders.
You agree to pay all applicable fees for Paid Services, including user fees and listing fees, and any other fees, charges, or expenses that you choose to purchase as part of the Paid Services during the ordering process ("Fees"). You agree to pay all fees and all applicable taxes incurred prior to the cancellation or termination of the Agreement.
You authorize Floxxo to charge your specified payment method for paid services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the payment method provided and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including all applicable taxes and other fees. If the payment method cannot be verified, is invalid or is otherwise unacceptable, your paid service may be suspended or cancelled. You must resolve any issue we encounter regarding the payment method you have provided in order to continue your use of the Service. If you accept a promotional offer or make changes to your paid Services, the fees, taxes, and amounts billed may vary. Invoice amounts may also vary due to changes in applicable taxes or exchange rates. You authorize us or our third-party payment processor to charge your payment method for the appropriate amount. Refunds will only be given where required by law. This obligation to pay shall survive any termination or termination of this Agreement for any reason whatsoever.
If you choose to finance a purchase through our third-party payment processor and one or more items in your order have an extended ship date, your loan payments, including interest, may become due before we ship any items. Please note that you will not be refunded any interest already accrued on an amount refunded later.
By agreeing to the terms of this Agreement and providing Floxxo with your contact information, you expressly agree that Floxxo, its affiliates and agents may contact you at any postal address, telephone number or email address from time to time. Your consent means that you consent to be contacted by Floxxo and its service providers by phone, email, SMS, or other means for any purpose, including but not limited to notifications related to the Services and your account, Subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. Such authorized communications may involve the use of automatic dialling technology or the use of pre-recorded messages. You are responsible for any fees charged to you by your service provider(s) if we contact you. You further acknowledge that your agreement to the foregoing is not a condition of using the Floxxo Services and if you do not wish to agree, you may contact us and request to be placed on a do not contact list, or you may opt-out of such by using the opt-out mechanism provided in such communications.
Floxxo is a trademark of MediDoc GmbH, Jakob-Haringer-Str. 1, 5020 Salzburg, AUSTRIA. Floxxo Content, Floxxo Products, Floxxo Features and Services, and our underlying technology are protected by copyright, trademarks, patents, intellectual property and other laws of the European Union and the United States and other countries. All rights reserved. You are granted no license or right, by implication or otherwise, to use any marks appearing on, used, or displayed in connection with the Services (“Marks”). The Services may also contain or reference trademarks, trade names, product names and logos of third parties, which may be registered trademarks of their respective owners. Under no circumstances may you use or copy any of the marks. Nothing herein shall be construed as granting any license or right to use any Marks displayed in connection with the Services without the express written permission of Floxxo.
All content provided in connection with the Services and this Agreement, including but not limited to the website, the smart toilet seat, the mobile app, all text, graphics, user interface, visual interfaces, photos, images/video, electronic art , sounds/audio, data, communications programs, executable code, computer code, and data (collectively, "Content") formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, "look and feel”, arrangement, layouts, pages, screens and databases of such content contained in the Content, Services and underlying technology, and any other copyrighted works connected to the Services (“Copyrighted Works”) exclusively owned, controlled or licensed by or to Floxxo and are owned by European and US and internal national copyright laws. You agree that you will not, directly or indirectly, copy, reproduce, modify, create derivative works from, distribute, or publicly display the copyrighted works without Floxxo's prior express written permission.
If you send any notice or material to Floxxo by post, email, telephone or otherwise, suggesting or recommending changes to the Services, including without limitation new features or features related thereto, or comments, questions, suggestions or the like (“Feedback”), Floxxo is free to use such Feedback regardless of any other obligation or restriction between the parties governing such Feedback. Floxxo is free to use any ideas, know-how, concepts, techniques or other intellectual property contained in the Feedback for any purpose without attribution or compensation to any third party, although Floxxo is under no obligation to use any Feedback.
Floxxo respects the intellectual property rights of others, and it is our policy to expeditiously process and review notices of alleged infringement of copyright or other applicable intellectual property laws. All notices of claimed infringement should be sent to Floxxo's designated agent at
THE SERVICES ARE PROVIDED TO YOU "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, AND FLOXXO AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING TERMS AND CONDITIONS THE SERVICES, WHETHER EXPRESSED OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. FLOXXO DOES NOT WARRANT, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE THAT DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE FEATURES CONTAINED IN THE SERVICES WILL WORK WITH OTHER MOBILE APPS OR HARDWARE OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLOXXO OR AN AUTHORIZED REPRESENTATIVE OF FLOXXO SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF CONSUMERS. THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, FLOXXO WARRANTS THE ORIGINAL END USER PURCHASER THAT THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. If local law in effect at the time of purchase requires a warranty period longer than one (1) year, this warranty will be extended to the extent required by that law. Within the warranty period, Floxxo will repair or replace, free of charge, any component of the product that does not meet the limited warranty provided. You are responsible for all associated transportation costs. Replacement products may be new or refurbished at our discretion. This Limited Warranty does not cover (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless the Product is defective due to a defect in materials or workmanship; (iii) Damage caused by your failure to use the Product in accordance with the instructions accompanying the Floxxo Product or available on the Website; (iv) damage resulting from accident, flood, fire, misuse; (v) damage resulting from services performed or damage resulting from manipulation or modifications to the product by persons not authorized by Floxxo; or (vi) use of the Product with any application or software other than the Mobile App.
Floxxo reserves the exclusive right, at its sole discretion, to repair or replace the product or to offer a full refund. This remedy is your sole and exclusive remedy for any breach of this Limited Warranty. Warranty repairs and replacements are covered by a new warranty of ninety (90) days or the balance of the original one (1) year warranty, whichever is longer.
IN NO EVENT WILL FLOXXO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT COMMITTED WITH CONNECTED TO THE SERVICES OR ANY SUCH OTHER SITES OR SERVICES OR ARTICLES OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL DAMAGES, INJURY AND EMERGENCY , LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING IF NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE VIEWABLE. THESE EXCLUSIONS OR LIMITATIONS APPLY REGARDLESS OF WHETHER OR NOT FLOXXO HAS BEEN WARNINGED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED, IN NO EVENT SHALL FLOXXO BE LIABLE FOR ANY CLAIMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY.
THE SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INCLUDE MEDICAL ADVICE BY FLOXXO. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF A DOCTOR OR HEALTHCARE PROFESSIONALS.
THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO VIDEO CLIPS AND OTHER MATERIALS, WHETHER PROVIDED BY US OR ANY THIRD PARTY, ARE NOT INTENDED FOR USE AND SHOULD NOT BE USED IN INSTEAD OF (a) ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL, (b) VISITING, CALLING OR CONSULTING YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL, OR (c) ANY INFORMATION ON OR IN ANY PRODUCT PACKAGE OR LABEL.
IF YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR DOCTOR OR OTHER MEDICAL SPECIALIST IMMEDIATELY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. YOU SHOULD NEVER HEED MEDICAL ADVICE OR MEDICAL ADVICE RELATING TO ANY INFORMATION PROVIDED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED ON THE SERVICES TO DIAGNOSIS OR TREAT ANY HEALTH PROBLEM. THE TRANSMISSION AND RECEIVING OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATIONS VIA THE INTERNET, EMAIL OR OTHER MEANS WILL NOT CREATE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER PROFESSIONAL RELATIONSHIP BETWEEN YOU AND FLOXXO.
Floxxo is not responsible for any health issues that may arise from information you learn about through the Services. If you make changes to your behaviour based on the Services, you agree that you do so entirely at your own risk. It is important to be sensitive to your body's reactions. Information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to disease or rare natural differences.
All other content not owned by Floxxo is the property of its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship or sponsorship by Floxxo with respect to the provider of such content. You further acknowledge and agree that Floxxo shall have no liability or responsibility in any way (including but not limited to any loss or injury you may suffer) for any Content provided by any third party, including but not limited to your reliance thereon. FLOXXO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY CONTENT.
You agree to indemnify, hold harmless, and defend Floxxo, its subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, successors, and assigns from and against all suits, causes, claims, and damages.
This Agreement will remain in full force and effect until you terminate it pursuant to this Agreement or we terminate it.
Floxxo has the right to terminate this Agreement (i) for any reason upon thirty (30) days notice; (ii) terminate you immediately for any material breach of this Agreement; or (iii) for failure to pay any Fees. Notwithstanding the foregoing, Floxxo reserves the right, in its sole discretion and without notice, to remove, modify, suspend or disable access to all or any portion of the Services at any time and for any reason.
You may terminate the Agreement for any reason by emailing Floxxo thirty (30) days prior notice to
The class action waiver and obligation to pay fees incurred prior to and during any notice period will survive termination of this Agreement for any reason.
You will not, directly, or indirectly, export or re-export the Services or any related technical information to any destination or person prohibited or restricted by applicable law.
You acknowledge that Floxxo has the right to monitor usage of the Services to ensure compliance with the Agreement.
No waiver will be binding unless made in writing by the party making the waiver.
You may not assign this Agreement to any other party, and any attempt to do so is void.
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
Postal address: Health and Fit GmbH i.G., Jakob-Haringer-Str. 1, 5020 Salzburg, AUSTRIA