The Fixat Client App enable users to access the service offerings of third party individual and independent service providers under agreement with Fixat or certain of Fixat's affiliates ("Third Party Service Providers") for the purpose of ordering, contracting and receiving such services from such Third Party Service Providers, and the related services

You acknowledge that your ability to order, contract, and receive services through the use of Fixat Client App does not establish Fixat as a provider of such services.

License

Subject to your compliance with these Terms, Fixat grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Fixat Client App on your personal device solely in connection with your use of Fixat Client App; and (ii) access and use any content, information and related materials that may be made available through Fixat Client App, in each case solely for your use of Fixat Client App.

Any rights not expressly granted herein are reserved by Fixat and Fixat's licensors.

Restrictions

You may not:

a. a. remove any copyright, trademark or other proprietary notices from any portion of Fixat Client App;
b. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Fixat Client App except as expressly permitted by Fixat;
c. decompile, reverse engineer or disassemble Fixat Client App except as may be permitted by applicable law;
d. link to, mirror or frame any portion of Fixat Client App;
e. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Fixat Client App or unduly burdening or hindering the operation and/or functionality of any aspect of Fixat Client App; or
f. attempt to gain unauthorized access to or impair any aspect of Fixat Client App or its related systems or networks.

Provision of Fixat Client App

You acknowledge that portions of Fixat Client App may be made available under Fixat's various brands associated with offering of services by Third Party Service Providers to clients like you, such as ["Fixat"], ["Fixat Client App"], ["Fixat Service Provider App"], [“Fixat Now”], ["Fixat SP"], [“Fixat Now App”], ["Fixat SP App"].

You also acknowledge that Fixat Client App may be made available under such brands by or in connection with: (i) certain of Fixat's subsidiaries and affiliates; or (ii) individual and independent Third Party Service Providers.

Third Party Fixat Client App and Content

The Fixat Client App may be made available or accessed in connection with third party services and content (including advertising) that Fixat does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Fixat does not endorse such third party services and content and in no event shall Fixat be responsible or liable for any products or services of such third party providers.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access Fixat Client App using the variant developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively.

These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of Fixat Client App in any manner. Your access to Fixat Client App using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership

The Fixat Client App and all rights therein are and shall remain Fixat's property or the property of Fixat's licensors. Neither these Terms nor your use of Fixat Client App convey or grant to you any rights: (i) in or related to Fixat Client App except for the limited license granted above; or (ii) to use or reference in any manner Fixat's company names, logos, product and service names, trademarks or services marks or those of Fixat's licensors.

User Accounts

In order to use most aspects of Fixat Client App, you must register for and maintain an active personal user Fixat Client App account ("Account").

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.

Account registration may require you to submit to Fixat certain personal information, such as, but not limited to, your name, address, mobile phone number and age.

You agree to maintain accurate, complete, and up-to-date information in your Account.

Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use Fixat Client App.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

Unless otherwise permitted by Fixat in writing, you may only possess one Account.

User Requirements and Conduct

Fixat Client App and its related services are not available for use by persons under the age of 18.

You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Service Providers through Fixat Client App, unless they are accompanied by you.

You may not assign or otherwise transfer your Account to any other person or entity.

You agree to comply with all applicable laws when accessing or using Fixat Client App, and you may only access or use Fixat Client App for lawful purposes.

You may not in your access or use of Fixat Client App cause nuisance, annoyance, inconvenience, or property damage, whether to Third Party Service Providers or any other party.

In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use Fixat Client App, and you agree that you may be denied access to or use of Fixat Client App if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls

You agree that Fixat may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Fixat Account, including for marketing purposes.

You understand that you are not required to provide this consent as a condition of purchasing any goods or services.

You also understand that you may opt out of receiving text messages from Fixat at any time, by contacting Fixat at [info@fixatnow.com].

If you do not choose to opt out, Fixat may contact you as outlined in the Privacy and Data Protection Policy applicable to Fixat Client App.

User Provided Content

Fixat may, in Fixat's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Fixat through Fixat Client App textual, audio, and/or visual content and information, including commentary and feedback related to Fixat Client App, the Third Party Service Providers from where you have ordered services, initiation of support requests, and submission of entries for competitions and promotions ("User Content").

Any User Content provided by you remains your property.

However, by providing User Content to Fixat, you grant Fixat a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with Fixat Client App, Third Party Service Providers and Fixat's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Fixat the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Fixat's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Fixat in its sole discretion, whether or not such material may be protected by law.

Fixat may, but shall not be obligated to, review, monitor, or remove User Content, at Fixat's sole discretion and at any time and for any reason, without notice to you, including any review provided by you to a Third Party Service Provider, without requiring any reason.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use Fixat Client App. Your mobile network's data and messaging rates and fees may apply if you access or use Fixat Client App from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Fixat Client App and its related services and any updates thereto.

Fixat does not guarantee that Fixat Client App, or any portion thereof, will function on any particular hardware or devices. In addition, Fixat Client App may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Provision of Services Procedure

You will sign in your Account.

You will be assigned to a territorial zone whereby you are located at a particular moment ("Zone").

You will be redirected to a services page, this page will have services that are available within the Zone.

You can select a particular service which you want to order and such shall be sent to the compatible Third Party Service Providers within the Zone.

The first Third Party Service Provider that accepts your order will be the one selected to fulfil your order.

The order can only refer to services that will be provided the next day starting at 8 AM local time until a specific time established by Fixat.

When the Third Party Service Provider accepts your order, you will see its Account public information, such as name, experience, personal picture, mobile phone number and rating.

From this moment, you can communicate with the Third Party Service Provider through the Fixat platform in order to establish the details of the provision of services, which can include text messages and explicative photos.

When the Third Party Service Provider arrives at the location of the provision of services, the order status will be changed from pending to in process.

If at that moment and location, the Third Party Service Provider considers that the job is different than the ordered one, the Third Party Service Provider can change the order details in order to reflect the reality and you have to approve the change.

When the provision of the ordered services is finalized, you and the Third Party Service Provider can rate each other using the available measurements, such as stars, badges and comments.

You understand that use of Fixat Client App may result in charges to you for the services or goods you receive ("Charges").

Fixat shall not receive any percentage from the Charges for the services provided by Fixat.

Fixat reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of Fixat Client App at any time in Fixat's sole discretion.

Further, you acknowledge and agree that Charges applicable in relation to a certain service may be increased or decreased by the Third Party Service Provider offering such service. Fixat will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Fixat may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of Fixat Client App, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of Fixat Client App or the Charges applied to you.

You may not elect to place a cancellation request on your order of services offered by any Third Party Service Provider through Fixat Client App, after the moment the respective Third Party Service Provider has accepted such order.

After you have received services or goods obtained through Fixat Client App, you will have the opportunity to rate your experience and leave additional feedback.

Fixat will respond accordingly to any request from a Third Party Service Provider to modify the Charges for a particular service provided by it.

You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Service Provider who provides you with services obtained through Fixat Client App, you are under no obligation to do so. Gratuities are voluntary and are the sole responsibility of the Third Party Service Provider to provide the relevant fiscal documents to you evidencing such gratuity.

Disclaimer

FIXAT SERVICE PROVIDER APP AND ITS RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".

FIXAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN ADDITION, FIXAT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF FIXAT SERVICE PROVIDER APP OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF FIXAT SERVICE PROVIDER APP, OR THAT FIXAT SERVICE PROVIDER APP WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ARE SOLELY RESPONSIBLE TO REGISTER THE LEGAL ENTITY UNDER WHICH YOU PROVIDE YOUR SERVICES AND TO OBTAIN ANY LICENSES, IF REQUIRED.

YOU ARE SOLELY RESPONSIBLE TO PERFORM THE ACCOUNTING ACTIVITIES REQUIRED BY LAW FOR YOUR BUSINESS

FIXAT DOES NOT GUARANTEE THE SERIOUSNESS OF CUSTOMERS. IT IS YOUR RESPONSIBILITY TO ASSESS SUCH BEFORE ACCEPTING AN ORDER FROM A CUSTOMER.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF FIXAT SERVICE PROVIDER APP, AND ANY RELATED SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of liability

ALL THE RESPONSIBILITIES FOR THE PROVISION OF SERVICES WILL BE ON YOU AND NOT ON FIXAT.

FIXAT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF FIXAT SERVICE PROVIDER APP, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FIXAT, EVEN IF FIXAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIXAT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON FIXAT SERVICE PROVIDER APP AND ITS RELATED SERVICES OR YOUR INABILITY TO ACCESS OR USE FIXAT SERVICE PROVIDER APP; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND CUSTOMERS, EVEN IF FIXAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIXAT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FIXAT'S REASONABLE CONTROL.

FIXAT SERVICE PROVIDER APP MAY BE USED BY YOU TO PROVIDE SERVICES TO CUSTOMERS, BUT YOU AGREE THAT FIXAT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH SERVICES PROVIDED BY YOU TO CUSTOMERS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FIXAT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FIXAT’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify and hold Fixat and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of Fixat Service Provider App or services or goods provided or obtained through your use of Fixat Service Provider App; (ii) your breach or violation of any of these Terms; (iii) Fixat's use of your User Content; (iv) your violation of the rights of any third party, including Customers, (v) not having a proper legal entity under which you provide the services and receive the Charges.

Choice of Law

These Terms are governed by and construed in accordance with the laws of Romania, without giving effect to any conflict of law principles.

Claims of Copyright Infringement

Claims of copyright infringement should be sent to [info@fixatnow.com].

Notice

Fixat may give notice by means of a general notice on Fixat Client App, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account.

Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone).

You may give notice to Fixat, with such notice deemed given when received by Fixat, at any time by first class mail or pre-paid post to 57 Iuliu Maniu Boulevard, block OD16, en. E, 2nd floor, app. 188, Sector 6, Bucharest, Romania.

General.

You may not assign these Terms without Fixat's prior written approval

Fixat may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Fixat's equity, business or assets; or (iii) a successor by merger.

Any purported assignment in violation of this Section shall be void.

No joint venture, partnership, employment, or agency relationship exists between you, Fixat or other Service Providers or Customers as a result of this Agreement or use of Fixat Service Provider App.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Fixat's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Fixat in writing.