Terms of Use

Fonseca Terms of Use

Effective Date: 07/02/2026

1. Agreement to These Terms

These Terms of Use (“Terms”) govern your access to and use of the websites located at fonsecabio.com and xtoro.us, together with any related webpages, content, features, tools, and services we make available through them (collectively, the “Site”). The Site is owned and operated by Fonseca Biosciences LLC, a Delaware limited liability company (“Fonseca,” “we,” “us,” or “our”).

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site.

If you use the Site on behalf of an organization, you represent that you are authorized to accept these Terms on that organization’s behalf, and “you” refers to both you and that organization.

2. Changes to These Terms

We may revise these Terms at any time. When we do, we will post the revised Terms on the Site and update the “Last Updated” date above. Changes are effective when posted. Your continued use of the Site after we post changes means you accept the revised Terms. We encourage you to review these Terms periodically.

3. Intended Audience; Geographic Scope

The Site is intended for residents of the United States only. We make no representation that the content on the Site is appropriate or available for use outside the United States. The information on the Site regarding XTORO® (finafloxacin otic suspension) 0.3% and any other products relates to products as approved and marketed in the United States, and product availability, labeling, and indications may differ in other countries.

Certain areas of the Site — including the healthcare professional sample-request functionality described in Section 6 — are intended solely for licensed U.S. healthcare professionals and are not directed to patients or the general public.

4. Not Medical Advice

The Site provides general informational content about Fonseca and its products, including the prescription product XTORO®. The content on the Site is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

Nothing on the Site is intended to be, and should not be relied upon as, medical advice or a recommendation regarding any treatment or course of action. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or a medication. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

XTORO® is available by prescription only. Please review the full Prescribing Information and Important Safety Information for XTORO® at [INSERT XTORO PI/ISI URL] and discuss XTORO® with your healthcare provider to determine whether it is right for you.

5. Reporting Side Effects (Adverse Events) and Product Complaints

If you experience a side effect or other adverse event, or have a product quality complaint, while using XTORO® or any other Fonseca product, please contact us at 1-877-436-6732 so that we can document and, where required, report it.

You are also encouraged to report negative side effects of prescription drugs to the U.S. Food and Drug Administration (“FDA”) by visiting www.fda.gov/medwatch or calling 1-800-FDA-1088.

The Site is not a channel for medical emergencies. If you are experiencing a medical emergency, call 911 or seek immediate medical attention.

6. Healthcare Professional Sample Requests

We may make functionality available through the Site that allows licensed U.S. healthcare professionals (“HCPs”) to request professional samples of XTORO®. By submitting a sample request, you represent, warrant, and agree to the following:

  1. Eligibility. You are a healthcare professional licensed to prescribe XTORO® (or an authorized member of such a practitioner’s staff acting at their direction) in the United States, and your license is current and in good standing.
  2. Accurate Information. All information you provide — including your name, professional credentials, license or registration number(s), and shipping address — is true, accurate, and complete, and you will promptly update it if it changes. We may verify your professional licensure and other information before fulfilling any request, and we may decline or limit any request at our discretion.
  3. Electronic Signature and Records. Sample requests are processed through an electronic signature and recordkeeping workflow. You consent to transact electronically and agree that your electronic signature and acknowledgments are valid and binding to the same extent as a handwritten signature, consistent with the federal ESIGN Act and applicable law. You agree that the electronic records we maintain of your request are accurate records of the transaction.
  4. Compliance with Law (PDMA). Drug samples are provided in accordance with the federal Prescription Drug Marketing Act (“PDMA”) and its implementing regulations, and applicable state law. You agree that any samples you receive:
  5. are intended for the evaluation and treatment of your patients;
  6. will not be sold, traded, purchased, or offered for sale, and will not be billed to any patient, insurer, or government program; and
  7. will be stored, handled, and dispensed in accordance with their labeling and applicable law.
  8. No Inducement. You acknowledge that samples are provided solely to facilitate appropriate patient care and not as an inducement to prescribe, purchase, recommend, or provide a favorable formulary or other status to any product.

We reserve the right to refuse, suspend, or terminate access to the sample-request functionality, and to report suspected misuse to appropriate authorities.

7. Permitted Use and License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial informational purposes (or, for HCPs, for legitimate professional purposes). All rights not expressly granted to you are reserved by Fonseca and its licensors.

8. Prohibited Conduct

You agree not to, and not to permit any third party to:

  • use the Site for any unlawful purpose or in violation of these Terms or any applicable law or regulation;
  • access or attempt to access any portion of the Site, or any systems or networks connected to the Site, that you are not authorized to access, or probe, scan, or test the vulnerability of any system or network, or breach or attempt to breach any security or authentication measures;
  • use any robot, spider, scraper, crawler, or other automated means to access, copy, harvest, or monitor any portion of the Site or its content, or bypass any measure we use to restrict access;
  • frame or mirror any part of the Site, or use meta tags, hidden text, or other techniques incorporating Fonseca’s name or trademarks without our prior written consent;
  • introduce any virus, malware, or other harmful or disruptive code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site for any commercial purpose without our express written consent;
  • submit false, misleading, or fraudulent information, or impersonate any person or entity; or
  • interfere with or disrupt the Site or the servers or networks connected to it.

Violations may result in suspension or termination of your access and may expose you to civil or criminal liability. We may investigate and cooperate with law enforcement in connection with any suspected violation.

9. Information You Submit; Communications and Marketing

When you provide information through the Site — for example, by submitting an inquiry, signing up to receive updates, or requesting product samples — you agree that we may collect, use, store, and share that information, and may contact you, for the purposes described in our Privacy Policy. Those purposes include responding to your request and providing our services, as well as marketing, advertising, promotional and educational outreach, sales and account follow-up, market research, analytics, product development, and other business purposes, except where applicable law requires otherwise.

You consent to receive communications from us electronically, including by email, relating to your request, the Site, our products, and our services. You may opt out of marketing communications at any time using the unsubscribe mechanism in those communications or by contacting us using the information in Section 19. Some Site features may not function if you withdraw certain consents. Communications we send to you electronically satisfy any legal requirement that such communications be in writing.

10. Intellectual Property

The Site and all content and materials on it — including text, graphics, logos, images, page layout, design, and software — are owned by or licensed to Fonseca and are protected by United States and international copyright, trademark, and other intellectual property laws. XTORO®, the XTORO logo, Fonseca Biosciences, and the Fonseca logo are trademarks of Fonseca or its affiliates. Other names and marks appearing on the Site are the property of their respective owners.

Except for the limited license in Section 7, nothing in these Terms grants you any right, title, or interest in the Site or its content. You may not use any Fonseca trademark without our prior written permission.

11. Third-Party Links

The Site may contain links to third-party websites or resources, including those of commercial partners, that are not owned or controlled by Fonseca. We provide these links for convenience only and do not endorse and are not responsible for the content, products, services, or privacy practices of any third-party site. Accessing a third-party site is at your own risk, and you should review that site’s terms and privacy policy.

12. Privacy

Your use of the Site is subject to our Privacy Policy, which describes how we collect, use, share, and protect personal information — including health-related information you may provide in adverse event reports, product complaints, medical inquiries, and sample requests. By using the Site, you acknowledge that you have reviewed the Privacy Policy.

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FUNCTIONALITY, AND MATERIALS ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FONSECA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any information on the Site is accurate, complete, or current. Any reliance you place on the Site’s content is at your own risk. This Section does not affect any warranties relating to the products themselves, which are governed solely by the applicable product labeling and Prescribing Information.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FONSECA OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Fonseca and its affiliates, and their respective officers, members, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.

16. Termination

We may suspend or terminate your access to all or part of the Site at any time, with or without notice, for any reason, including any violation of these Terms. Sections that by their nature should survive termination — including Sections 10, 13, 14, 15, 17, and 18 — will survive.

17. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. You agree that any action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

[Optional: If counsel prefers binding arbitration, replace the venue language above with a binding-arbitration and class-action-waiver clause administered by JAMS or AAA on an individual basis.]

18. General

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and Fonseca regarding the Site and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign them freely. The headings in these Terms are for convenience only.

19. How to Contact Us

If you have questions about these Terms, please contact us:

Fonseca Biosciences LLC

2807 Long Beach Blvd, Ste 1A

Long Beach Township, NJ 08008

Phone: 1-877-436-6732

Email: [email protected]