Please find below the latest Fixably's terms of service
THE SERVICE IS INTENDED SOLELY FOR BUSINESS USERS AND NOT FOR CONSUMERS. BY USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OR REPRESENT A COMPANY AND ARE NOT CONSIDERED A CONSUMER UNDER THE LAWS OF YOUR DOMICILE. FIXABLY RESERVES THE RIGHT TO REFUSE SERVICE TO ANY ORDER OR ENTITY, AT FIXABLY'S SOLE DISCRETION.
PLEASE READ THESE TOS CAREFULLY BEFORE ACCESSING, STARTING, OR OTHERWISE USING THE SERVICE. ANY OF THE ABOVE ACTIONS INDICATE THAT YOU HAVE READ THESE TOS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND TO THESE TERMS AND CONDITIONS. SHOULD YOU NOT ACCEPT THESE TOS, THEN DO NOT ACCESS, START, OR OTHERWISE USE THE SERVICE.
In order to access the Service, the User is required to subscribe to the Service by accepting a quote or filling in the registration form on the Fixably website (“Order”) and by paying the Subscription Fee (“Subscription Fee”). Subject to the terms and conditions of these TOS and payment of the Subscription Fee, Fixably hereby grants the User a non-exclusive, non-sublicensable, non-assignable license to access and use the Service solely for the User’s repair and service operations (“License”).
When subscribing to the Service, Fixably creates an administrative User account (“Service Account”). From the Service Account, the User can determine any access rights to the Service for its employees and other staff and create individual user accounts for the aforesaid persons (“User Accounts”). Both administrative users and other individuals using the Service on behalf of the User are regarded as Users as defined in these TOS and bound by the terms and conditions of these TOS. When subscribing to the Service and creating a User Account, the User shall provide accurate and complete information and update such information when required.
The Subscription period enters into force when the User registers for the Service and pays the Subscription Fee and shall remain in force for a period defined in the Order or, if no period has been defined, until termination by either party in accordance with these TOS. The Subscription Period shall terminate automatically if Fixably terminates the Agreement due to breach by the User.
Fixably offers the Service under several different service plans (“Service Plan(s)”) which differ from each other by the features they encompass. Each Service Plan has features that are included in the Subscription Fee (“Included Features”), and may have features that are subject to additional fees (“Additional Features”). Included features and additional features are listed on Fixably’s website under each Service Plan or in a separate service agreement if the Customer has entered into a separate service agreement with Fixably or its affiliate.
Subscription Fee and Additional Features
At the beginning of each Subscription Period, the User shall be charged the applicable Subscription Fee, and thereafter the Subscription Fee shall be charged on a monthly or annual basis, as defined in the Order. Fees for any Additional Features that the User uses may be charged after the fact monthly.
Applicable value-added tax and other duties will be added to the Subscription Fee and other prices and fees unless the prices are specified VAT inclusive.
The Subscription Fee and other charges may be altered by Fixably by publishing new prices on its website or otherwise informing the User about the changes in the pricing. The changes in the Subscription Fee become effective after the end of the Subscription Period, during which the changes were made.
If the Subscription Fee or other payments are not paid within thirty (30) days of their due date the Subscription Period shall terminate automatically.
Fixably shall have the right to develop and make changes to its Service. In case of a change, Fixably will notify Users, and in case of a material change in the Service, Fixably will notify Users in writing at least thirty (30) days prior to the change and the User shall have the right to terminate the Agreement based on that material change by a fourteen (14) day written notice to Fixably.
Fixably reserves the right to update or change these TOS at any time. If any material changes are made to this TOS, the User will be notified either through the e-mail address the User has provided to Fixably, or by placing a prominent notice on Fixably’s website or in its software. Continued use of the Service after any modifications to the TOS are posted will constitute the User’s acknowledgment of the modifications and consent to abide and be bound by the modified TOS.
The User shall be solely responsible for any data the User or any persons acting on behalf of the User submits to the Service (“User Data”). The User shall ensure that the submitted User Data does not infringe any third-party intellectual property rights or violate any applicable laws or regulations. For the avoidance of doubt, Fixably shall not be liable for any User Data submitted to the Service by Users.
If User Data contains any information relating to an identified or identifiable natural person (“Personal Data”), the User shall be defined as the data controller and Fixably as the data processor in accordance with the General Data Protection Regulation (EU) 2106/679 (“GDPR”) as it relates to such Personal Data. Fixably shall not have any liability or responsibility in respect of any User Data other than the responsibilities associated with the processing of Personal Data in accordance with the GDPR.
User Data is backed up, duplicated, and distributed across multiple servers, as documented in Fixably’s technical service description.
Unless Fixably and the User have entered into a separate DPA, as defined in Article 28 of the GDPR, the DPA terms published on Fixably’s website at the following URL shall be considered a DPA between the Parties under the Agreement: https://www.fixably.com/data-processing-agreement
Processing of Personal Data
As described above, User Data may contain Personal Data, which Fixably may process in order to provide the Service. While in such cases the User shall be defined as the data controller and Fixably as the data processor, Fixably may also process certain Personal Data as the data controller, in accordance with the GDPR, in order to provide the Service. Such Personal Data may include for example contact details and other data concerning the User’s contact persons. Fixably shall process Personal Data in accordance with applicable data protection laws and regulations.
A more detailed description of the processing activities of Fixably acting as a data controller is found in the Privacy Statement published on Fixably’s website at the following URL: https://www.fixably.com/privacy-policy
The User must comply with these TOS and the separate user instructions concerning the Services. The User must also comply with all applicable laws and regulations and is solely responsible for any use of the Service Accounts and User Accounts. The User is, for example, responsible for obtaining all necessary rights to use the content which has been uploaded to the Service by or on behalf of the User.
The User shall without delay inform Fixably if they suspect that an unauthorized third party is using or may have access to the Service or the User Accounts or Service Accounts.
The User may use and/or modify the operating environment of the Service only according to the instructions given by Fixably from time to time. Any use and/or modification of the Service causing risks or interfering with the Service is prohibited.
The User is not entitled to use the Service for illegal or offensive purposes and if the User is uncertain whether or not its use of the Service could be deemed illegal or offensive, the User shall contact Fixably in advance and request permission. The User shall also provide reasonable cooperation in the event of an investigation of suspected breaches of these TOS.
The User shall indemnify, defend, and hold Fixably harmless from and against all liabilities, damages, and costs arising out of any breaches of these TOS by the User and/or User’s personnel.
Pursuant to these TOS, the User shall receive a limited license to the Service. The User shall have the right to use, for its internal purposes, the Service. Save for the User’s right to the Service in accordance with these TOS, the User shall have no right to sell or otherwise transfer its license to the Service to a third party.
All the intellectual property rights included in Fixably’s work or otherwise arising from the Service, whether or not specifically recognized or perfected under the applicable law, shall remain vested exclusively with Fixably. The title and rights to the User’s Data shall remain vested with the User.
Fixably shall defend the User against any claim that the Service infringes the intellectual property rights of a third party and pay any damages finally settled or awarded in a trial to the third party with respect to any such claim, provided that the User notifies Fixably without delay of such claim. The User shall also give sole control of the defense and all related settlement negotiations in relation to the claim as well as reasonable assistance and necessary authorizations to defend or settle the claims on behalf of the User.
In case the Service infringes the intellectual property rights of any third party, Fixably shall have the right at its own expense to (i) modify/replace the Service to eliminate the infringement in such a manner that the modified Service complies with these TOS, or (ii) procure to the User a right to use the Service. If neither one of the aforementioned alternatives are reasonably possible, Fixably shall have the right to terminate this Agreement and refund to the User the Subscription Fee less the price corresponding to the time the User has been able to use the Service in accordance with these TOS.
Fixably shall, however, not be liable for any infringement or claim thereof in the event the claim (i) is made by any affiliates of the User; (ii) has resulted from the User’s use or modification of or addition to the Service; (iii) could have been avoided by using the latest version of the Service provided by Fixably; or (iv) is not related to the Service or any part of the Service for which Fixably is not responsible pursuant to this Agreement or statutory requirements. This section contains Fixably’s entire liability and the User’s sole and exclusive remedy in case of intellectual property rights infringements.
Fixably shall provide technical support through the means described on the Fixably website.
During the Subscription Term Fixably shall provide the User with technical support during Fixably’s normal business hours in order to help the User to identify and correct problems within the Service.
“Confidential Information” shall mean any information marked as confidential or which should be understood as confidential, no matter in what form of media or disclosure. The User undertakes to keep confidential all Confidential Information received from Fixably and refrain from using such Confidential Information for any purpose other than to fulfill this Agreement. This obligation does not apply to materials and information which was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or which was verifiably in the possession of the User prior to disclosure hereunder.
Unless otherwise agreed in writing, the User shall, upon termination or expiration of the License, immediately stop using all Confidential Information received from Fixably. The User has the same obligation also when the User no longer has a need for said information or material for the purposes of these TOS. Notwithstanding the aforesaid, the User shall have the right to keep copies required by mandatory law or regulations given by authorities.
The rights and obligations set forth in this section (Confidentiality) shall remain in force for a period of 24 months from the expiration or termination of the Agreement.
The Agreement between Fixably and the User enters into force when the user registers for the Service and pays the Subscription Fee and shall remain in force until further notice. If the Subscription Period is terminated before the end of the current subscription period by the User, the Agreement shall terminate automatically at the expiration date of the Subscription Period. Either Party may terminate the Agreement with immediate effect if the other Party is in material breach of the Agreement.
Fixably may terminate the Agreement if the provision of the Service is discontinued. In the event of the Service being discontinued, Fixably shall use commercially reasonable efforts to notify the User of the discontinuation at least 6 months before the termination of the Service, in which case the User shall not be entitled to any refunds for the Subscription Fees or other payments.
THE SERVICE IS PROVIDED ”AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIXABLY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SERVICE. THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR USE OF THE SERVICE OR OTHERWISE IN CONNECTION WITH THE SERVICE. THE PARTIES EXPRESSLY NOTE THAT THE SERVICE IS NOT DESIGNED ERROR-FREE OR UNINTERRUPTED AND IS NOT INTENDED NOR FIT FOR PURPOSES REQUIRING FAIL-SAFE PERFORMANCE.
THE USER ACKNOWLEDGES THAT FIXABLY HAS NO CONTROL OVER THE USER’S USE OR EXPLOITATION OF THE SERVICE. THE USER THEREFORE AGREES TO INDEMNIFY AND HOLD FIXABLY HARMLESS AGAINST ANY COSTS, CLAIMS, DEMANDS, EXPENSES, AND LIABILITIES OF WHATSOEVER NATURE BY ANY THIRD PARTY ARISING FROM SUCH USE OR EXPLOITATION.
IN NO EVENT SHALL FIXABLY, OR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF FIXABLY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. FIXABLY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SERVICE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING THE APPLICATION, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE USER UNDERSTANDS AND AGREES THAT FIXABLY’S LIABILITY UNDER THE AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID BY THE USER UNDER THE AGREEMENT DURING ONE (1) MONTH PRECEDING THE DATE UPON WHICH THE RELATED CLAIM AROSE.
LOCAL LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE ABOVE LIMITATIONS OR EXCLUSIONS MAY APPLY TO YOU ONLY PARTLY OR NOT AT ALL.
The Agreement constitutes the entire agreement between the User and Fixably relating to the Service and governs the use of the Service, and completely replaces any prior or contemporaneous agreements between the User and Fixably regarding the Service.
The failure of Fixably to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision, which will still be available to Fixably.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of these TOS will continue to be valid and enforceable.
The rights granted in these TOS may not be assigned or transferred by the User without the prior written approval of Fixably. The User is not permitted to delegate its responsibilities or obligations under these TOS without the prior written approval of Fixably.
The Agreement and the User’s relationship with Fixably under the Agreement will be governed by the laws of Finland without regard to its conflicts of laws provisions. Any dispute, controversy, or claim arising out of or relating to the Agreement, or the breach, termination, or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The language of the arbitration shall be English, and the seat of arbitration shall be Helsinki, Finland.
Fixably Oy (Ltd.) © 2021