Terms Of Use
Terms of Use
www.bixpy.com · Bixpy LLC & Bixpy Ltd.
These Terms of Use govern your access to and use of the Bixpy website, products, services, content, and related communications available through www.bixpy.com and related websites operated by Bixpy LLC and/or Bixpy Ltd. (collectively, "Bixpy," "we," "us," or "our"). By accessing or using this website, you agree to be bound by these Terms. If you do not agree, please discontinue use of this website.
Website Content and Availability
The information provided on this website is for general informational purposes only. While Bixpy makes reasonable efforts to ensure that product descriptions, specifications, pricing, compatibility information, availability, and other content are accurate and current, we do not guarantee that all information is complete, accurate, reliable, or error-free.
Bixpy reserves the right to modify, discontinue, update, correct, or remove products, services, pricing, content, specifications, or website functionality at any time without prior notice.
Product photographs, illustrations, videos, renderings, and marketing materials are intended for informational purposes and may differ from actual products.
Prototype and Pre-Order Products
From time to time, Bixpy may offer prototype products, pre-production products, or products available through pre-order. Images, specifications, functionality, features, and performance information relating to prototype or pre-production products are subject to change. Final production products may differ from prototype versions in appearance, functionality, materials, specifications, or performance.
Bixpy reserves the right to make design and engineering changes prior to final production.
Acceptable Use
You agree not to:
- Use this website in violation of any applicable law or regulation
- Attempt to gain unauthorized access to systems, networks, servers, accounts, or data
- Interfere with or disrupt website functionality or security
- Introduce malicious code, malware, viruses, or other harmful technologies
- Scrape, harvest, copy, or extract website content through automated means without authorization
- Use website content for unauthorized commercial purposes
Intellectual Property Rights
All content available on this website — including text, graphics, logos, icons, photographs, videos, software, code, product designs, documentation, and other materials — is owned by or licensed to Bixpy and is protected by applicable intellectual property laws.
No content may be copied, reproduced, distributed, modified, displayed, published, transmitted, sold, licensed, or otherwise used without prior written permission from Bixpy. Nothing in these Terms grants any license or right to use any intellectual property owned by Bixpy or its licensors except as expressly permitted herein.
Trademarks
Bixpy®, Bixpy Motors®, Life Boosted™, Aqua Booster™, Boosted Motion™, Swim Jet™, and Bixpy Jet™ are trademarks or registered trademarks of Bixpy LLC. Unauthorized use of any Bixpy trademark, logo, trade name, slogan, product name, or branding element is prohibited.
Nothing contained on this website shall be construed as granting any license or right to use any trademark displayed on this website without prior written permission from Bixpy or the applicable trademark owner.
Third-Party Trademarks and Compatibility References
This website may reference third-party products, brands, trademarks, and trade names solely for purposes of identifying compatibility, applications, or intended uses of Bixpy products.
For example, Hobie® and MirageDrive® are registered trademarks of Hobie Cat Company and its affiliates. Bixpy is not affiliated with, sponsored by, endorsed by, or authorized by Hobie unless expressly stated otherwise. Any reference to third-party trademarks does not imply ownership, endorsement, sponsorship, or affiliation. All third-party trademarks remain the property of their respective owners.
User Content and Photo Release
If you submit photographs, videos, testimonials, reviews, comments, feedback, social media content, or other materials to Bixpy through our website, social media channels, contests, events, promotional campaigns, email communications, or support channels, you grant Bixpy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, display, broadcast, distribute, and create derivative works from such content in connection with Bixpy's marketing, advertising, promotional, educational, business, and commercial activities.
You represent and warrant that you own or control all rights necessary to grant this license and that your submission does not infringe the rights of any third party.
If you would like Bixpy to discontinue use of submitted content, please contact us. While we cannot guarantee removal from materials already distributed or published, we will make reasonable efforts to discontinue future use.
Third-Party Websites and External Links
This website may contain links to third-party websites, services, applications, or resources. Bixpy does not control and is not responsible for the content, products, services, privacy practices, availability, or operation of any third-party website. Your use of third-party websites is entirely at your own risk and subject to the terms and policies of those third parties.
Vessel Registration and Legal Compliance
Certain municipalities, states, provinces, territories, and countries require registration, licensing, or permitting of motorized watercraft. By installing or using a Bixpy motor or propulsion system, you are solely responsible for determining and complying with all applicable registration, licensing, boating, navigation, environmental, and safety regulations in your jurisdiction.
For registration purposes, Bixpy products may be classified as electric motors. Requirements vary significantly by jurisdiction. Bixpy does not guarantee that any particular product is exempt from registration requirements.
User Agreement — Safety, Responsibility, Assumption of Risk, Release and Indemnification
The use of powered propulsion systems, electric motors, swim and dive propulsion devices, lithium batteries, battery-powered equipment, and watercraft accessories involves inherent risks that cannot be completely eliminated. These risks may include, without limitation:
- Personal injury, serious bodily injury, permanent disability, or death
- Property damage or loss of control of a watercraft
- Collisions with other vessels, swimmers, divers, persons, wildlife, vegetation, structures, submerged objects, or natural hazards
- Equipment malfunction or failure
- Environmental conditions including currents, tides, waves, weather, and visibility conditions
- Other known and unknown risks associated with water-based activities and motorized propulsion systems
Many of these risks are unpredictable and may not be avoidable even when reasonable care is exercised. Because it is impossible to anticipate every circumstance or operating condition, Bixpy makes no representation or warranty that use of its products will be safe under all conditions.
Product warranty coverage, if any, is governed solely by the applicable Bixpy Warranty Policy.
Assumption of Risk
By purchasing, installing, operating, using, lending, renting, borrowing, possessing, or otherwise participating in activities involving any Bixpy product, you acknowledge, understand, and voluntarily assume all risks associated with the use of such products.
You agree to exercise sound judgment, follow all applicable laws and regulations, use appropriate safety equipment, and operate Bixpy products responsibly and only under conditions suitable for their intended use.
You further acknowledge that safe operation requires proper maintenance, inspection, battery handling, installation, and compliance with all operating instructions provided by Bixpy.
User Responsibilities
You agree that you are solely responsible for:
- Determining whether conditions are appropriate for operation
- Understanding and following all product instructions, warnings, and safety communications
- Maintaining your equipment in proper working condition
- Complying with all applicable laws, regulations, registration requirements, and navigation rules
- Exercising reasonable care while operating any Bixpy product
- Ensuring that any person using your Bixpy product is properly instructed regarding its safe use
Release of Claims
To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, successors, and assigns, hereby release, waive, and discharge Bixpy, its affiliated entities, officers, directors, employees, agents, distributors, dealers, resellers, representatives, contractors, and service providers from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising from or relating to the use, misuse, operation, transportation, storage, maintenance, or possession of Bixpy products.
This release applies to claims involving personal injury, death, property damage, economic loss, or other damages, except where such release is prohibited by applicable law. Nothing in this section shall exclude or limit liability that cannot legally be excluded or limited under applicable law.
California Civil Code Section 1542 Waiver
To the extent permitted by law, California residents expressly waive the provisions of California Civil Code Section 1542, which states:
You acknowledge that you understand the significance of this waiver and voluntarily agree to it.
Insurance Notice
Insurance policies may not provide coverage for incidents arising from the use of powered watercraft, electric propulsion systems, swimming propulsion devices, diving propulsion devices, or related accessories. You are encouraged to consult your insurance provider to determine the scope of any applicable coverage prior to using Bixpy products.
Acceptance of Terms
By purchasing or using any Bixpy product, you acknowledge that you have read, understood, and agreed to this User Agreement and the Terms of Use.
Limitation of Liability
To the fullest extent permitted by applicable law, Bixpy shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising from the use of Bixpy products or this website, including loss of use, loss of time, loss of profits, loss of business opportunities, property damage, travel expenses, or other economic losses.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
Disclaimer of Warranties
This website and all website content are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, Bixpy disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy, availability, and non-infringement.
Product warranties, if any, are governed exclusively by the applicable Bixpy Warranty Policy.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Bixpy, its affiliated entities, officers, directors, employees, agents, distributors, dealers, resellers, representatives, contractors, and service providers from and against any claims, damages, losses, liabilities, costs, expenses, and attorneys' fees arising out of or related to:
- Your use or misuse of Bixpy products
- Your use of this website
- Your violation of these Terms
- Your violation of applicable laws or regulations
- Injury, damage, or loss caused by your operation, possession, transportation, maintenance, modification, or misuse of a Bixpy product
Privacy
Your use of this website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand how personal information is collected, used, stored, and protected.
Related Policies
The following policies are incorporated by reference and form part of these Terms where applicable. In the event of a conflict between these Terms and a specific policy, the specific policy shall control with respect to that subject matter.
- Warranty Policy
- Shipping & Returns Policy
- Privacy Policy
- Extended Service Plan Terms & Conditions (if purchased)
International Users
Bixpy operates primarily from the United States. If you access or use this website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws applicable to your use of the website.
Where products are purchased through authorized distributors, dealers, retailers, or other third-party sellers, the terms, conditions, return policies, warranties, and consumer protections of the original seller may also apply.
Nothing in these Terms limits or excludes any mandatory consumer rights available under applicable law, including rights available to consumers in the European Union, United Kingdom, Canada, or other jurisdictions with mandatory consumer protection laws.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Where mandatory consumer protection laws provide consumers with rights that cannot be waived or limited, those rights remain unaffected.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Changes to These Terms
Bixpy may revise these Terms from time to time. Updated versions will be posted on this page with a revised effective date. Continued use of the website following publication of revised Terms constitutes acceptance of those changes.
Contact Information
Questions about these Terms? Reach us directly.
Bixpy LLC & Bixpy Ltd.
7398 Trade Street
San Diego, California 92121 USA