Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the Floxis website, platform, dashboards, APIs, hosted tools, software, technical infrastructure, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" and "customer" refer to that entity.

2. Provider

The services and Floxis platform described in this Privacy Policy are operated by Ad Tech Company OÜ, Estonia. Address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117.

3. Nature of the Services

Floxis provides software, code, technical infrastructure, hosted tools, dashboards, user interfaces, authentication mechanisms, APIs, and related technical functionality for business users. Floxis makes available a technical environment that customers may configure and use for their own business purposes.

Unless expressly agreed otherwise in a separate written agreement, Floxis does not operate the customer's business, does not determine the customer's commercial purposes, and does not control the customer's legal, regulatory, data governance, advertising, or operational decisions.

4. Business Use Only

The Services are intended solely for business and professional use. You may use the Services only for lawful business purposes and only if you are authorized to do so.

5. Role of Floxis

Except where expressly agreed in a separate written agreement, including where applicable a data processing agreement, Floxis provides technical infrastructure only and does not independently determine the purposes or essential means of any customer data processing carried out through the Services.

The customer remains solely responsible for deciding whether to use the Services, what data to submit, how to configure the Services, and for what business, legal, or operational purposes the Services are used.

Any technical handling of data by Floxis systems occurs only as part of making the Services available in accordance with customer actions, settings, and instructions, and does not by itself mean that Floxis assumes responsibility for the lawfulness or appropriateness of the customer's processing activities.

6. Customer Responsibility and Control

The customer independently decides whether, how, and for what purpose to use the Services. The customer is solely responsible for all configurations, implementations, integrations, workflows, permissions, data flows, business logic, and outputs arising from its use of the Services.

The customer uses the Services entirely at its own risk and under its own responsibility. The customer assumes full responsibility for all legal, regulatory, financial, technical, operational, and commercial consequences arising from or related to its use of the Services.

7. Data Responsibility

As between Floxis and the customer, the customer is solely responsible for all data that it collects, imports, uploads, receives, transmits, stores, shares, manages, discloses, or otherwise processes through or in connection with the Services, including personal data, device data, identifiers, event data, stream-related signals, consent signals, and other regulated or sensitive information.

The customer is solely responsible for determining:

• what data is collected, transmitted, stored, or made available through the Services;
• whether such data may lawfully be processed;
• the legal basis for any processing;
• whether notice, consent, authorization, or another permission is required;
• how long such data is retained;
• with whom such data is shared;
• how access requests, deletion requests, and other rights requests are handled; and
• whether the relevant use is lawful in each applicable jurisdiction.

The customer is also solely responsible for its own storage, retention, deletion, disclosure, recordkeeping, security policies, and internal governance with respect to its data and its use of the Services.

8. Privacy, GDPR, and Consent Responsibilities

The customer is solely responsible for ensuring that any personal data, consent signal, privacy preference, authorization token, transparency string, user choice, or other compliance-related signal used with the Services has been lawfully obtained, is accurate, and may be relied upon for the intended purpose.

If the Services technically receive, route, process, store, or react to such signals, Floxis does so only as part of the technical operation of the Services and in reliance on the information, settings, configurations, and instructions provided by the customer or the customer's authorized partners.

Floxis does not independently verify whether any GDPR, ePrivacy, TCF, consent management, authorization, notice, or other compliance signal is valid, sufficient, enforceable, correctly implemented, or legally effective.

The customer is solely responsible for all privacy notices, consent collection, lawful basis analysis, vendor disclosures, contract chain requirements, cross-border transfer assessments, and other compliance obligations arising from its use of the Services.

9. Authorized Inputs and Integrations

The customer may connect the Services to its own systems, partners, vendors, stream sources, traffic sources, demand sources, analytics providers, or other third-party tools only where the customer has all required rights, permissions, notices, authorizations, and lawful grounds to do so.

If the customer submits streamer-related signals, user-related signals, event data, device data, or similar inputs to the Services, the customer represents and warrants that it is authorized to do so and that all required legal disclosures, permissions, consents, and technical compliance measures have been properly implemented.

10. No Audit, Validation, or Certification Obligation

Floxis does not audit, review, validate, certify, monitor, or verify the customer's implementation, configurations, data flows, legal basis, notices, permissions, integrations, or use of the Services for legal, regulatory, privacy, security, technical, or contractual compliance.

The customer is solely responsible for conducting any independent audit, legal review, compliance review, security assessment, testing, or validation that it considers necessary before using the Services and during its continued use of the Services.

The availability of the Services does not constitute legal approval, regulatory clearance, compliance certification, or confirmation by Floxis that the customer's implementation or use is lawful, suitable, or risk-free.

11. License and Access

Subject to these Terms and any applicable commercial agreement, Floxis grants the customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services for the customer's internal business purposes.

No ownership rights in the Services, software, code, APIs, interfaces, documentation, or related intellectual property are transferred to the customer unless expressly stated otherwise in a separate written agreement.

12. Fees and Commercial Use

The customer pays for the right to access and use the software, code, infrastructure, interfaces, authentication features, APIs, and related technical capabilities made available by Floxis.

All fees, charges, payment timelines, and commercial terms are governed by the applicable order, invoice, subscription, or other written commercial arrangement. Except as expressly stated otherwise in writing, all fees are non-refundable.

13. Acceptable Use

The customer must not use the Services in any unlawful, fraudulent, deceptive, abusive, unauthorized, or misleading manner. Without limitation, the customer must not:

• process, transmit, or disclose data without a valid legal basis where one is required;
• misrepresent consent, authorization, privacy preferences, or compliance status;
• engage in spoofing, manipulation, invalid traffic, fraud, or deceptive technical practices;
• infringe or violate the rights of any third party;
• introduce malicious code or attempt unauthorized access to the Services; or
• use the Services in a way that violates applicable law, regulation, court order, industry framework, or contractual restriction.

14. No Legal, Regulatory, Tax, or Compliance Advice

Floxis does not provide legal advice, regulatory advice, tax advice, or compliance certification. Any technical feature made available through the Services, including authentication, logging, permissions tooling, API access, or signal handling, is provided solely as a technical function and does not constitute legal validation or confirmation that the customer's use is lawful or compliant.

15. Third-Party Services and Integrations

The Services may interoperate with or be connected to third-party services, systems, vendors, or partners. Floxis is not responsible for the acts, omissions, content, availability, legality, privacy practices, security posture, or performance of any third party.

The customer remains solely responsible for evaluating and approving any third-party integration used with the Services.

16. Service Provided "As Is"

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Floxis disclaims all warranties, representations, and guarantees, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, error-free operation, or fitness for the customer's intended legal, operational, technical, or commercial use.

Floxis does not warrant that the Services will satisfy the customer's legal obligations, compliance requirements, business objectives, revenue expectations, compatibility assumptions, performance assumptions, or risk tolerance.

Floxis does not warrant that the Services are compliant with any specific law, regulation, industry framework, self-regulatory standard, or contractual obligation as applied to the customer's particular implementation or use case.

17. No Responsibility for Customer Use

Floxis is not responsible for the customer's decisions, implementations, data practices, retention choices, integrations, disclosures, notices, consent mechanisms, commercial conduct, configurations, or downstream use of the Services by the customer or on the customer's behalf.

Floxis does not control and is not responsible for the legality, accuracy, quality, integrity, storage, transfer, disclosure, exploitation, or downstream use of customer data or customer-directed processing.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Floxis shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, or for any loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, business interruption, regulatory exposure, fines, penalties, third-party claims, or reputational harm arising out of or relating to the Services or the customer's use of the Services, even if Floxis has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Floxis's aggregate liability arising out of or relating to the Services or these Terms shall not exceed the total amount actually paid by the customer to Floxis for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

19. Indemnification

The customer shall defend, indemnify, and hold harmless Floxis, its affiliates, officers, directors, employees, contractors, and representatives from and against any claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, judgments, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• the customer's use of the Services;
• the customer's data, signals, records, content, or integrations;
• the customer's breach of these Terms;
• the customer's violation of applicable law or third-party rights; or
• any allegation that the customer lacked a valid legal basis, notice, consent, authorization, or other required permission.

20. Suspension and Termination

Floxis may suspend, restrict, or terminate access to the Services at any time where reasonably necessary to protect the Services, comply with law, address misuse, respond to claims, protect security, or enforce these Terms.

Suspension or termination does not relieve the customer of responsibility for prior use of the Services or for any fees, liabilities, or obligations accrued before termination.

21. Changes to the Services and Terms

Floxis may modify, update, suspend, or discontinue any part of the Services from time to time. Floxis may also update these Terms by posting a revised version on this page.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to conflict of laws principles, unless mandatory applicable law requires otherwise.

23. Contact