Fixfox Terms and Conditions
Last Updated: February 17, 2024
Introduction
These Terms of Use ("Terms") govern your access to and use of the Fixfox website and mobile application (the "Platform") and the services made available through the Platform by Fixfox Company ("Fixfox," "we," "our," or "us").
By accessing or using the Platform, Users agree to be legally bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.
Fixfox reserves the right to amend these Terms at any time. We will notify you of material changes by posting the revised Terms on our website. Your continued use constitutes acceptance of the amended Terms. If you do not wish to continue using the Platform or services under the new Terms, you may terminate your account.
Key Terms
"Fixfox" refers to the company providing the platform and services.
"User(s)" refers to any persons accessing or using the Fixfox platform, including both Homeowners and Contractors.
"Homeowner(s)" refers to Users utilizing the Fixfox platform to post jobs, receive bids, hire Contractors, and facilitate completion of home improvement jobs.
"Contractor(s)" refers to Users utilizing the Fixfox platform to view job postings, submit bids, communicate with Homeowners, and complete home improvement jobs.
"Platform" refers to all Fixfox websites, mobile applications, and related services.
"Job" refers to a home improvement job posted by a Homeowner on the Platform.
"Services" refers to services provided by Fixfox to facilitate connections between Homeowners and Contractors.
"Content" refers to text, images, videos, profiles, reviews, messages, and other materials uploaded, submitted, or accessed through the Platform.
“Proprietary Information” means all technical, business, and other information of a party that is not generally known to the public, that derives value from not being generally known to the public who can obtain value from its disclosure or use, and which information is subject to efforts that are reasonable under the circumstances to maintain the secrecy thereof.
Eligibility and Account Registration
The owner of the Fixfox platform is based in the State of Washington in the United States. We provide this platform for use only by persons located in the United States. The Fixfox platform is available only to persons over the age of 18 who can form legally binding contracts. Users must register for an account by providing complete and accurate information. Users are responsible for maintaining the confidentiality of their account credentials.
Contractor Requirements
Contractors must be properly licensed, bonded, insured, and qualified to perform work in all jurisdictions in which they offer services. Contractors are independent contractors and not employees or agents of Fixfox. Fixfox does not perform contracting services or exercise control over Contractor services other than as described herein.
Prohibited Conduct
Users must agree that they will not violate any applicable law or third party rights on or through the Platform. Without limiting the foregoing, Users agree that they will not:
● Provide false, inaccurate, or misleading information
● Distribute spam, phishing, or other unsolicited communications.
● Distribute viruses, malware, or other harmful code.
● Attempt to circumvent or manipulate the Platform Fee structure.
● Engage in any unlawful, fraudulent, deceptive, or unethical activity.
● Infringe the intellectual property or other rights of Fixfox or any third party.
● Violate applicable laws, regulations, or platform policies
● Misrepresent their identity or qualifications.
● Distribute unsolicited promotional messages or content
● Harass or stalk any other User
● Circumvent pricing, fees, or billing processes
● Gain unauthorized access to the Platform or private profiles
● Impersonate any person or organization
● Violate the privacy of any third party
Additionally, Contractors may not:
● Bid on jobs for which they are unqualified
● Change bid pricing without good cause
● Fail to adequately perform on Jobs as promised
And Homeowners may not:
● Withhold payment without good cause
● Unreasonably refuse a Contractor's reasonable requests
Fixfox reserves the right to terminate any User’s account or access to the Platform at any time for violation of these Terms, and may incur further legal action.
Use of the Platform
Subject to compliance with these Terms, Fixfox grants Users a limited, revocable license to access and participate in the Platform. Users may not copy, modify, distribute, sell, or exploit any portion of the Platform without prior express written permission from Fixfox. Users understand and agree they are solely responsible for their actions and decisions to meet other people who they meet online because of the services on the platform. Users understand that Fixfox does not perform background checks on the individuals who may use the platform. Users understand and agree that they must take all reasonable precautions before meeting others through the service provided by the platform.
Intellectual Property
All Content on the Fixfox platform, including but not limited to text, graphics, logos, images, and software, is the exclusive property of Fixfox or its licensors, and are confidential trade secrets and protected by copyright, trademark, and other intellectual property laws. Users are not granted any right or license to reproduce, distribute, modify, or otherwise use Fixfox's content without express written permission from Fixfox.
To notify Fixfox of a possible infringement you must submit your notice in writing to the attention of “Intellectual Property Infringement” care of support@fixfox.ai and include in your notice a detailed description of the alleged infringement sufficient to enable Fixfox to make a
reasonable determination.
User Content
By using the platform, Users grant Fixfox an unlimited, non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, reproduce, modify, distribute, display, commercially exploit, and perform their Content. Users affirm they have all rights necessary to grant this license. Fixfox takes no responsibility for User Content, but may remove or restrict access to any User Content for any reason at our sole discretion. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Jobs and Bids
Homeowners may submit requests for Jobs that describe the required home repair or renovation work. Contractors can then submit Bids to complete those Jobs at specified prices. Homeowners can accept a Bid by that Contractor, at which point the Homeowner and Contractor enter into a binding agreement for completion of that Job at the price in the Bid.
Fixfox is not a party to that agreement between the Homeowner and Contractor. The Homeowner is engaging the Contractor directly for completion of the Job. Fixfox merely provides an online venue to facilitate Homeowners and Contractors finding and communicating with each other. Fixfox cannot and does not make any assurances about the identity or services of Users.
Payments and Fees
Fixfox charges Homeowners a service fee upon Homeowner's selection of a Contractor bid. Additionally, Fixfox may charge fees to Contractors to submit bids and access Homeowner contacts. All fees are non-refundable unless otherwise required by law. Failure to pay fees in a timely manner may result in account suspension or termination.
Contractors are solely responsible for:
● Determining their own work availability, Job pricing, and business expenses.
● Establishing and communicating the means and timing of collecting payment from the homeowner.
● Properly collecting, reporting, and remitting any required Taxes.
● Providing any required insurance, bonding, licenses, or permits relevant to the work being performed.
● Complying with all applicable laws and regulations.
Fixfox does not provide any financing services. Any financing arrangements are solely between the Homeowner and Contractor.
Taxes
Payments may be subject to sales, use, value added tax (VAT), or other transactional taxes. Users are responsible for payment of any applicable taxes relating to their use of the Platform and services.
Reviews and Ratings
The Platform may provide Homeowners with the ability to rate and provide feedback on Contractors they have worked with. The Platform may provide Contractors with the ability to rate and provide feedback on Homeowners they have worked with. Fixfox does not evaluate or verify such feedback, though we may remove or refuse to publish feedback in violation of these Terms. Feedback represents the opinions of the individual User, not Fixfox. Fixfox disclaims any liability arising out of User feedback.
Termination
Fixfox may suspend or terminate any User's access to the Platform at any time for any reason. Upon any termination, your license to access and use the Platform will immediately end. Access to prior transactions, services, and details may also end upon termination.
Sections regarding Prohibited Activities, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution will survive and remain in effect even if your access to the Platform is terminated or suspended for any reason.
Terminated Users will not receive any compensation or refund of fees.
Disclaimers and Limitation of Liability
The Platform and Services are provided on an "as is" and "as available" basis without any warranties of any kind.
Fixfox disclaims any and all warranties, whether express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Fixfox does not have any control over and does not guarantee: (a) the existence, quality, safety, or legality of Jobs posted; (b) the truth or accuracy of Homeowner requests and descriptions; (c) the ability of Contractors to deliver Services as represented; or (d) Homeowner or Contractor background or identity verification. Any reliance you place on such information is strictly at your own risk.
Users use the Platform at their own risk. In no event will Fixfox be liable for any direct, indirect, punitive, incidental, consequential, or special damages arising out of or in any way related to the Platform or Services, including (without limitation) property damage, lost profits, personal injury, or death.
If, despite the other provisions of these Terms, Fixfox is found liable for any damage or loss which arises out of or is in any way connected with the Users use of the Platform or any Services, Fixfox’s liability will in no event exceed, in the aggregate, the greater of (a) the Platform Fees paid to Fixfox by the User, or (b) One-Hundred Dollars (US $100).
Indemnification
Users agree to indemnify and hold harmless Fixfox and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, injuries, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to:
(a) the Users access to or use of the Platform or Services,
(b) the Users User Content,
(c) your failure to comply with these Terms,
(d) the actions or inactions of any third party with whom Users interact as a result of their use of the Platform or Services;
(e) any feedback or ratings provided by Users; or
(f) any User’s violation of any applicable laws, regulations, or third party rights.
Dispute Resolution
Any controversy, allegation, or claim arising out of or relating to the Platform, the Terms, or the Users relationship with Fixfox (“Dispute”) will be resolved through binding arbitration.
Arbitration shall be subject to the Federal Arbitration Act and administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted before a single neutral arbitrator, whose decision in the Dispute will be binding and final except for a limited right of appeal under the Federal Arbitration Act.
Any court with jurisdiction over the parties may enforce the arbitrator's award.
Arbitration shall take place in the State of Washington. The User will pay their share of arbitration costs as they become due, including arbitration filing fees and arbitrator compensation, unless otherwise ordered by the arbitrator under applicable law.
Class Action Waiver. The User agrees that any arbitration will be limited to the individual Dispute between Fixfox and the User. The User agrees to waive their right to: (i) consolidate or join together similar arbitration claims filed by other consumers, (ii) otherwise participate in any joint action against Fixfox with respect to any Dispute prior to initiation of the arbitration, or (iii) have an arbitration under these Terms certified as a class action or pursued on a class basis.
Jury Waiver. In any arbitration not prohibited outright by the Class Action Waiver, Users and Fixfox both waive any rights to pursue or have a Dispute heard by a jury.
Governing Law
These Terms shall be governed by the laws of the State of Washington without regard to conflict of law principles. All disputes not subject to arbitration shall be resolved in the state and federal courts located in Seattle, Washington and you hereby consent to the jurisdiction of any such court.
Any cause of action or claim you may have arising out of or relating to these terms or the platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Entire Agreement
These Terms constitute the entire agreement between Fixfox and Users and supersedes any other communications with respect to the subject matter of these Terms. Any failure by Fixfox to exercise or enforce rights does not constitute waiver of those rights. If any provision of these Terms is found unenforceable, the remaining Terms shall continue in effect.
Contact Information
Please direct any questions regarding these Terms to:
Fixfox LLC.
support@fixfox.zohodesk.com