Terms & Conditions

This is an agreement between you and Hygiene IQ, LLC, a Delaware limited liability company (with its affiliates, “Hygiene IQ” or “we”).  Before creating an Account or using any of the Hygiene IQ Services, please read these Hygiene IQ Terms of Use (this “Agreement”).  By creating an Account or using any of the Hygiene IQ Hygiene IQ Services, you agree to the terms of this Agreement on behalf of yourself and all other persons who use Hygiene IQ under your Account.  If you do not accept the terms of this Agreement, then you may not create an Account or use any of the Hygiene IQ Hygiene IQ Services.


For the purpose of these Hygiene IQ Terms of Use:


  • “Auxiliary Products” means any products which interact with Hygiene IQ. 

  • “Software” means all software that we make available for use in connection with Hygiene IQ.

  • “Third Party Service” means any service or application provided by a third party that we make available to you for use with Hygiene IQ.

  • “Hygiene IQ” means Hygiene IQ’s smart device system that uses artificial intelligence, sensors, and Bluetooth technology to monitor cleanliness or any item that needs refilling, or other attention, and includes each individual touch sensor and the related hub.

  • “Hygiene IQ App” means the app or website provided by Hygiene IQ that provides access to Hygiene IQ, Hygiene IQ’s settings, Hygiene IQ-related content, and other information.

  • “Hygiene IQ Enabled Product” means any product or application that enables access to Hygiene IQ, including the Hygiene IQ devices and the Hygiene IQ App.

  • “Hygiene IQ Interactions” means all information related to your use of Hygiene IQ (including use by your customers, guests, invitees, and other third parties which use or interact with your Hygiene IQ) and Hygiene IQ Enabled Products, including Hygiene IQ location, items monitored, and any information we receive in connection with Third Party Services and Auxiliary Products you use, and other information and content you provide or receive through the Hygiene IQ App (including, monitoring information, customer satisfaction information, maintenance information, battery levels, and other feedback information). 

  • “Hygiene IQ Services” means the services we provide to you under this Agreement and in connection with Hygiene IQ, the Hygiene IQ App, the Software, Hygiene IQ Enabled Products, and Auxiliary Products.

  1. Hygiene IQ

1.1 Hygiene IQ.  A Hygiene IQ Enabled Product and internet connection are required to access and use Hygiene IQ.  Some Hygiene IQ services may not be available in all areas or on all Hygiene IQ Enabled Products and may require separate fees or subscriptions. 


1.2 Use of the Software.  You may use the Software only on or through a Hygiene IQ Enabled Product or Auxiliary Product. 


1.3 Account.  To use the Hygiene IQ Services, you must register for an account with Hygiene IQ (“Account”) and provide certain information about yourself as prompted by the registration form.  All information in your Account is subject to the terms of this Agreement and the Hygiene IQ Privacy Policy.  You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.  You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account, and to maintain your password securely to prevent others from gaining access without your permission.  You agree to immediately notify Hygiene IQ in writing of any authorized use, or suspected unauthorized use, of your Account, or any other breach of security.  Hygiene IQ is not liable for any loss or damage arising from your failure to comply with the above requirements. If you register for an Account on behalf of an organization, you represent and warrant to Hygiene IQ that you have the authority to bind such organization, and that you understand and agree that the organization is bound by and responsible for ensuring its compliance with this Agreement. In such circumstance, “you” or “your” will refer to that organization. 


1.4 Communications. If you contact Hygiene IQ’s customer service, you hereby consent to the means by which such contact was initiated. You similarly consent to Hygiene IQ contacting you through any of the means that Hygiene IQ makes available utilizing the contact information identified in your Account. This may include one-way or two-way video-enabled customer service communication methods, whether made available via your mobile device, through the Hygiene IQ App or any other mobile or web interface now existing or later developed. Except as otherwise expressly agreed by you under a separate services agreement, Hygiene IQ will not charge you any additional fees to deliver, or for you to receive, such customer support services; however, your wireless service provider may charge a fee for air-time, text, or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.

 

  1. Third Party Services; Third Party Products

2.1 Third Party Services.  If you use a Third Party Service, we may exchange related information with that service.  Your use of any Third Party Service is subject to this Agreement and any third party terms applicable to such Third Party Service.  If you do not accept the third party terms applicable to a Third Party Service, do not use that Third Party Service.  When using a Third Party Service, you are responsible for any information you provide to the third party.  Hygiene IQ has no responsibility or liability for Third Party Services.  Publishers of Third Party Services may change or discontinue the functionality or features of their Third Party Service. 


2.2 Third Party Products.  Hygiene IQ Enabled Products and Auxiliary Products include third party products that Hygiene IQ does not manufacture or develop.  Hygiene IQ may automatically update the firmware for certain Auxiliary Products on behalf of the applicable manufacturer.  Hygiene IQ has no responsibility or liability for such third party products or manufacturer-provided firmware. 


  1. General

3.1 Information. The Software will provide Hygiene IQ with information about your use of Hygiene IQ and your Hygiene IQ Interactions (in each case, including such use by your customers, guests, invitees, and other third parties which use your Hygiene IQ), and your Hygiene IQ Enabled Products and Auxiliary Products (such as the Hygiene IQ location, monitoring information, customer satisfaction information, maintenance information, battery levels, and other feedback information).  This information may be stored on servers outside the country in which you live.  We will handle any information we receive in accordance with the Hygiene IQ Privacy Policy. 


3.2 Functionality; Content.  We do not guarantee that Hygiene IQ or its functionality or content is accurate, reliable, always available, or complete. 


3.3 Changes to Hygiene IQ; Amendments.  We may change, suspend, or discontinue Hygiene IQ, or any part of it, including some or all of the Hygiene IQ Servies, Third Party Services or premium features, at any time without notice.  Similarly, we may make changes to this Agreement from time to time. When changes to this Agreement are made, Hygiene IQ will make a new copy of this Agreement available on its website. You understand and agree that if you are on a free account and you use the Hygiene IQ Services after the date on which this Agreement has changed, Hygiene IQ will treat your continued use of the Hygiene IQ Services as acceptance of the updated Agreement. If you have a paid account, the new Agreement will apply upon your renewal. 


3.4 Data; Data Storage.  Your Account provides you with access to certain data stored by us.  You agree that we may delete any data delivered to us when (i) any storage period that applies to your Account expires; (ii) this Agreement is terminated or expires; or (iii) you deliver a written request pursuant to Section 7.8 and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order.  Notwithstanding anything herein to the contrary, Hygiene IQ is not responsible for any change to or loss of any data. 


3.5 End User License and Intellectual PropertySubject to the terms and conditions of this Agreement, Hygiene IQ grants you a non-exclusive, non-transferable license to access and use the Hygiene IQ Services by (i) using Hygiene IQ, the Hygiene IQ App, the Software, Hygiene IQ Enabled Products, and Auxiliary Products in connection with, and solely for the purpose of, controlling and monitoring the Hygiene IQ Services you are authorized to receive and/or control or monitor, and (ii) install and use the Hygiene IQ App solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in this Agreement. There is a risk that unauthorized persons may gain access to the Hygiene IQ App and data thereon and you agree to assume such risk. You consent to our posting status reports in connection with the Hygiene IQ Services on the Hygiene IQ App. You will keep confidential all information available on the Hygiene IQ App and all passwords relating to the Hygiene IQ App or access thereto. This license will continue and be co-extensive with the term of this Agreement except for your (i) failure to keep confidential all information available on the Hygiene IQ App and all passwords or access codes relating to the Hygiene IQ App or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of this Agreement or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of this Agreement or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Hygiene IQ App and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Hygiene IQ Services or the Hygiene IQ App without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in Hygiene IQ, the Hygiene IQ Services or the Hygiene IQ App. Hygiene IQ may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Hygiene IQ Services or the Hygiene IQ App. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Hygiene IQ Services or the Hygiene IQ App. You acknowledge that you may be required to install Updates to use the Hygiene IQ Services and you agree to promptly install any Updates that Hygiene IQ provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY HYGIENE IQ, YOUR ACCESS TO THE APPLICATION AND THE SERVICES MAY BE TERMINATED.


3.6 Geographic Restrictions.  Hygiene IQ is operated in the United States and Canada. We may restrict access to Hygiene IQ or certain Hygiene IQ Services or features from other locations. 


  1. Subscription Fees 

4.1 Fees.  The fees for each Hygiene IQ subscription and the Hygiene IQ Services provided in connection therewith are stated at the point of purchase, or when you begin a free trial, and can be viewed in the customer subscription portal.  Such fees may change from time to time, effective as of the beginning of the next subscription period.  Such fees may be subject to tax and are non-refundable except as expressly provided in this Agreement.   


4.2 Increase in Charges.  Subject to Section 4.1, Hygiene IQ may increase periodic charges, including subscription fees, at any time under this Agreement by sending notice to you through the customer subscription portal or by email to the email address on file with Hygiene IQ.


4.3 Free Trials.  We may offer a free trial to certain Hygiene IQ subscriptions to eligible customers from time to time.  We may consider your subscription history when determining whether you’re eligible for a free trial for a Hygiene IQ subscription.  At the end of your free trial period, your subscription will be automatically converted to the applicable paid subscription plan.  If you don’t want to convert to a paid subscription, you may cancel at or prior to the end of the applicable free trial period. 


  1. Cancellation and Termination. 

5.1  Cancellation by You.  You may cancel your Hygiene IQ subscription (and with it, all Hygiene IQ Services provided in connection therewith) by contacting Hygiene IQ customer support at any time.  You can also manage your Hygiene IQ subscription from within the Hygiene IQ customer subscription portal. Unless we indicate otherwise, any such cancellation will be effective immediately and you will not receive a refund of any fees already paid to Hygiene IQ, including any prepaid subscription fees for time periods following the cancellation date. Your failure to timely pay a Hygiene IQ subscription fee will be deemed to be a cancellation at your request of such Hygiene IQ subscription (and the Hygiene IQ Services provided in connection therewith), with such cancellation effective upon the missed fee due date. 


Upon any cancellation pursuant to this Section 5.1, Hygiene IQ may terminate your Account and your access to any and all Hygiene IQs provided to you (including all Hygiene IQ Services provided in connection therewith), including any and all Hygiene IQ data. 


5.2 Termination by Hygiene IQ.  We may terminate your access to all Hygiene IQs provided to you, including all Hygiene IQ Services provided in connection therewith, at our discretion without prior notice, except as may be required by applicable law. Except as set forth below, if we do so, we will give you a prorated refund based on the number of days remaining in any subscription period that has been prepaid by you. Subject to the provisions set forth below, including Section 5.3, such refund will be paid within 60 days of such termination.  


We will not give any refund for termination related to conduct that we determine, in our sole discretion, violates this Agreement or any applicable law, involves fraud or misuse of the subscription, or is harmful to our interests or to another user. In case of such termination, Hygiene IQ may immediately revoke your access to all Hygiene IQs provided to you, and all Hygiene IQ Services provided in connection therewith, without refund, including any prepaid subscription fees for any period of time following such termination.  


5.3  You Must Return Hygiene IQs to Hygiene IQ. Within 30 days of the effective date of any cancelation or termination pursuant to Section 5.1 or 5.2, respectively, you agree to return any and all Hygiene IQs (including all touch sensor(s) and the related hub(s)) provided to you to Hygiene IQ via overnight delivery, by a reputable, national overnight delivery service (e.g., FedEx, UPS) to Hygiene IQ’s then current principal place of business. In the event such Hygiene IQs are not timely returned, you hereby agree to pay Hygiene IQ $5 per Hygiene IQ sensor not returned and $40 per Hygiene IQ hub not returned.  In the event you are owed a refund pursuant to Section 5.2, such refund may be reduced by the amount owed by you to Hygiene IQ for any Hygiene IQ sensors and Hygiene IQ hubs not timely returned in accordance with this Section 5.3. 


  1. Disclaimer of Warranties and Limitation of Liability

Hygiene IQ AND THE Hygiene IQ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Hygiene IQ OR THE Hygiene IQ SERVICES ARE PROVIDED BY HYGIENE IQ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  HYGIENE IQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Hygiene IQ OR THE Hygiene IQ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Hygiene IQ OR THE Hygiene IQ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF Hygiene IQ AND THE Hygiene IQ SERVICES IS AT YOUR SOLE RISK. 


TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HYGIENE IQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HYGIENE IQ DOES NOT WARRANT THAT Hygiene IQ OR THE Hygiene IQ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH Hygiene IQ OR THE Hygiene IQ SERVICES, HYGIENE IQ’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HYGIENE IQ ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.   TO THE FULL EXTENT PERMISSIBLE BY LAW, HYGIENE IQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Hygiene IQ OR ANY Hygiene IQ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Hygiene IQ OR Hygiene IQ SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 


Without limiting the foregoing, and unless otherwise required by applicable law, in no event will our or our licensors’ or our service providers’ aggregate liability with respect to any claim arising from or relating to this Agreement or your use of Hygiene IQ or the Hygiene IQ Services exceed five hundred dollars ($500).  


  1. Miscellaneous. 

7.1  Customer Support. For help with any Hygiene IQ or any of the Hygiene IQ Services, or resolving other issues, please contact Hygiene IQ customer support (https://handiq.com/customer-support). 


7.2  Disputes.  Any dispute or claim relating in any way to your use of Hygiene IQ or any of the Hygiene IQ Services will be adjudicated in the state or federal courts in Los Angeles County, California, and you consent to the exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. 


7.3 Applicable Law.  By using the Hygiene IQ Services, you agree that applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Hygiene IQ.   


7.4 Relationship of the Parties. You and Hygiene IQ are independent contractors. This Agreement does not create or imply any agency, partnership, joint venture, fiduciary, employment or franchise relationship. No right or cause of action for any third-party is created by this Agreement or any transaction under it.


7.5  Assignment. Neither this Agreement, nor the rights or obligations hereunder may be assigned or transferred by either party without the other party’s prior written consent, which will not be unreasonably withheld or delayed. Notwithstanding the foregoing, either party may assign this Agreement  without the consent of the other party to an affiliate or a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.


7.6  Severability.  If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.


7.7 Waiver. Hygiene IQ’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. 


7.8  Notices.  Unless otherwise expressly provided herein, (i) all notices required to be given to Hygiene IQ shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Hygiene IQ’s then current principal place of business and (ii) all notices required to be given by Hygiene IQ to you, shall be deemed to have been given if in writing and sent to the email address on file with Hygiene IQ for your account.  You are responsible to provide Hygiene IQ with any changes to your email address pursuant to the foregoing sentence.