Terms and Conditions

Last Updated: June 1, 2023

Welcome to Fofyxo.com, the official website for Fofyxo – a mobile ice cream kiosk service. By accessing and using our website, you agree to be bound by these Terms and Conditions. Please read them carefully before using our services.

1. Acceptance of Terms

By accessing or using Fofyxo.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or services.

2. User Obligations

When using Fofyxo.com, you agree to:

  • Provide accurate and complete information when using our contact forms or ordering services
  • Use the website and its content solely for lawful and personal purposes
  • Not engage in any activity that could damage, disable, or impair the functionality of the website
  • Not attempt to gain unauthorized access to any part of the website or any connected systems
  • Not use automated means, including bots, crawlers, or scrapers to access or collect data from the website
  • Not impersonate any person or entity or falsely state your affiliation with any person or entity

3. Service Limitations

Fofyxo.com provides information about our mobile ice cream kiosk services. We reserve the right to:

  • Modify or discontinue any aspect of our website or services without prior notice
  • Limit availability of services to any person, geographic area, or jurisdiction
  • Refuse service to anyone for any reason at any time
  • Change operating hours, product offerings, or pricing without prior notice

Information regarding kiosk locations, operating hours, and product availability is subject to change and is provided on an "as is" basis without warranties of any kind.

4. Intellectual Property

All content on Fofyxo.com, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Fofyxo or its content suppliers and is protected by international copyright laws.

You may not:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website
  • Use any Fofyxo trademarks, logos, or service marks without prior written consent
  • Remove any copyright, trademark, or other proprietary notices from the website
  • Create derivative works based on the content of the website

Limited license: We grant you a limited, non-exclusive, non-transferable license to access and use Fofyxo.com for personal, non-commercial purposes.

5. Liability Limitations

Fofyxo.com and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Fofyxo disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Fofyxo shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of, or inability to use, our website or services, even if we have been advised of the possibility of such damages.

Our total liability for any claims related to these Terms and Conditions shall not exceed the amount paid by you, if any, for accessing our website or using our services.

6. Dispute Resolution

Any dispute arising from or relating to these Terms and Conditions or your use of Fofyxo.com shall be resolved as follows:

  • Informal Resolution: We encourage you to contact us first to seek an informal resolution to any disputes.
  • Mediation: If informal resolution is unsuccessful, the parties agree to engage in mediation with a mutually agreed-upon mediator.
  • Arbitration: If mediation fails, disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the jurisdiction where Fofyxo operates.
  • Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction where Fofyxo maintains its principal place of business, without regard to its conflict of law provisions.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

7. Privacy Policy

Your use of Fofyxo.com is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.

8. Amendments to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on Fofyxo.com. Your continued use of the website after any changes constitutes your acceptance of the new Terms and Conditions.

9. Termination

We may terminate or suspend your access to Fofyxo.com immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms and Conditions.

10. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

11. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Fofyxo regarding your use of Fofyxo.com and supersede all prior and contemporaneous agreements, representations, or understandings.