The Fixat Service Provider App enable Service Providers such as you to sell and provide your services to Customers of the Fixat platform.

You acknowledge that your ability to sell and provide services through the use of Fixat Service Provider App does not establish Fixat as a provider of services provided by you.

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 Service Provider App on your personal device solely in connection with your use of Fixat Service Provider App; and (ii) access and use any content, information and related materials that may be made available through Fixat Service Provider App, in each case solely for your use of Fixat Service Provider App.

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

Restrictions

You may not:

a. remove any copyright, trademark or other proprietary notices from any portion of Fixat Service Provider 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 Service Provider App except as expressly permitted by Fixat;
c. decompile, reverse engineer or disassemble Fixat Service Provider App except as may be permitted by applicable law;
d. link to, mirror or frame any portion of Fixat Service Provider App;
e. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Fixat Service Provider App or unduly burdening or hindering the operation and/or functionality of any aspect of Fixat Service Provider App; or
f. attempt to gain unauthorized access to or impair any aspect of Fixat Service Provider App or its related systems or networks.

Provision of Fixat Service Provider App

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

You also acknowledge that Fixat Service Provider 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 Service Providers.

Fixat Service Provider App and Content

The Fixat Service Provider 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 Service Provider 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 Service Provider App in any manner. Your access to Fixat Service Provider App using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership

The Fixat Service Provider 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 Service Provider App convey or grant to you any rights: (i) in or related to Fixat Service Provider 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 Service Provider App, you must register for and maintain an active personal user Fixat Service Provider 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 Service Provider App.

Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use Fixat Service Provider 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 Service Provider 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 provide services as Service Providers through Fixat Service Provider App

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 Service Provider App, and you may only access or use Fixat Service Provider App for lawful purposes.

You may not in your access or use of Fixat Service Provider App cause nuisance, annoyance, inconvenience, or property damage, whether to Customers, other 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 Service Provider App, and you agree that you may be denied access to or use of Fixat Service Provider 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 Service Provider 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 Service Provider App textual, audio, and/or visual content and information, including commentary and feedback related to Fixat Service Provider App, the Customers which have ordered services from you, 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 Service Provider App, the Customers, 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 to not 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.

Network Access and Devices

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

Fixat does not guarantee that Fixat Service Provider App, or any portion thereof, will function on any particular hardware or devices. In addition, Fixat Service Provider 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 wait until a Customer from your Zone orders certain services that are compatible with the services offered by you.

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.

If you accept the request before another Service Provider accepts it, then the Customer’s order is assigned to you to fulfil.

When you accept the order, the Customer will see your Account’s public information, such as name, experience, personal picture, mobile phone number and rating.

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

When you arrive 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, you consider that the job is different than the ordered one, you can change the order details in order to reflect the reality and the Customer has to approve the change.

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

For the services provided to the Customer, the Customer shall pay a relevant fee agreed by you, in cash ("Charges").

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

You are solely responsible to pay the taxes for the Charges.

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 Service Provider 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 Service Provider App or the Charges applied by you.

You may not elect to place a cancellation request on Customer’s order of your services, after the moment you have accepted such request. In case you do not provide such services, your Account may be terminated by Fixat.

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 Service Provider 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).

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).

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.