Terms of Service

 

  1. Acceptance of Terms.
    By clicking ‘I agree,’ you acknowledge that you have read and agree to be bound by these TERMS OF USE. FixMob, Inc. (“FixMob”) provides services on the Internet and the World Wide Web (the ‘Web’) through its application and various web sites (collectively, ‘Services’), subject to the following TERMS OF USE. FixMob may update the TERMS OF USE from time to time, without notice. When using the Services, you shall also be subject to any additional guidelines or rules which may be posted from time to time on the site. All such guidelines or rules are hereby incorporated by reference into these TERMS OF USE. Violations of these TERMS OF USE should be reported via email to: hello@fixmob.co.
  2. Description of Services.
    The Services allow users to identify, describe and generally comment upon maintenance and/or repair issues, physical environment observations and personal interaction experiences in a variety of settings (“Reports”). The Services also allow users to interact with Reports and other users via viewing, commenting upon, liking, and addressing the resolution of Reports submitted by other users. The Services are provided mainly through the Software accessed via mobile device.
  3. Accessing the Services.
    FixMob provides Users with access to various aspects of the Services, including but not limited to Reports, posts and comments, various communications tools, forums, and personalized content at no charge to the user, except where indicated. By using the Services, you (throughout this document, the terms “you”’ “your”, and “yourself” shall refer to the individual adult user accessing the Services individually or on behalf of an organization, or the parent or guardian of a minor child user) understand that such usage may include communications from FixMob, including but not limited to service announcements, administrative messages, and other communications to which you have individually subscribed. You understand and agree that you are responsible for obtaining access to the Services, which may involve equipment and third-party fees (such as Internet service provider fees, airtime charges, or other charges associated with the display and delivery of messages).
  4. Your Registration Obligations.
    You acknowledge and agree:

    • To provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form(s) (the ‘Registration Data’).
    • To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If FixMob suspects that such information is untrue, inaccurate, not current or incomplete, FixMob has the right to suspend or terminate the account.
    • To maintain the confidentiality of the password and account registration information associated with the account. You are fully responsible for all activities that occur under your password or account. You agree to immediately notify FixMob of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
    • That you are legally competent to form a binding contract with FixMob.
    • That you are not barred from accessing the Services under the laws of any jurisdiction to which you are subject.
    • In your use of the Services, you will comply with all applicable national, state, and local laws.
  5. Parental Notice.
    FixMob is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of minor children must be aware that the Services are designed for use by adults, and will generally appeal to a broad audience. Accordingly, as your child’s legal guardian, it is your responsibility to determine whether the Services are appropriate for your child. FixMob assumes no liability for content within the Services that may be unsuitable for minor children.
  6. The Services Privacy Policy.
    Registration Data and other information about you are subject to our Privacy Policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by FixMob.
  7. Location-based Services.
    Some features of the Service make use of detailed location information such as GPS and cellular signals sent by your mobile device on which the FixMob application is installed and activated. FixMob uses your location information to deliver the Services to you and to improve the quality of the Services. Location history associated with your account is retained by FixMob for a limited period of time and in accordance with the Privacy Policy.
  8. Member Conduct.
    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, blog or forum postings, or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Although FixMob does review Content submitted to the Services periodically, FixMob cannot reasonably guarantee the accuracy, integrity, quality, or suitability of such Content. You understand and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the Services to:

    • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
    • harm minors in any way;
    • impersonate any person or entity, including, but not limited to, a FixMob official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party;
    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
    • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
    • intentionally or unintentionally violate any applicable local, state, national or international law;
    • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    • ‘stalk’ or otherwise harass another; and/or
    • collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
    • You acknowledge that FixMob may or may not pre-screen Content, but that FixMob and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services, for any reason.
    • You acknowledge, consent and agree that FixMob may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF USE; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FixMob, its users and the public.
  9. Global Nature of Communications.
    You acknowledge that in using the Services, you will be causing communications to be sent through FixMob’s computer networks, portions of which are located throughout the globe. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate and global communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the Services results in interstate and global data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
  10. Content Submitted or Made Available for Inclusion on the Service.
    FixMob does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant FixMob the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    • With respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, the license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content for the purposes of providing and promoting the specific the Services area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or FixMob removes such Content from the Services.
    • With respect to Content other than photographs, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and make derivative works of such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
    • ‘Publicly accessible’ areas of the Services are those areas that are intended to be available to the general public. Publicly accessible areas of the Services would include, but are not limited to, message boards, blog comments, community areas, and forums that are open to both members and visitors.
  11. Contributions to the Services.
    By submitting ideas, suggestions, documents, and/or proposals (‘Contributions’) to the Services, you acknowledge and agree that:

    • your Contributions do not contain confidential or proprietary information;
    • FixMob is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
    • FixMob shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
    • FixMob may have something similar to the Contributions already under consideration or in development;
    • your Contributions automatically become the property of FixMob without any obligation of FixMob to you; and
    • you are not entitled to any compensation or reimbursement of any kind from FixMob under any circumstances.
  12. Indemnity and Release of Liability.
    You agree to indemnify and hold FixMob and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TERMS OF USE, or your violation of any rights of another. You expressly understand and agree that FixMob and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; and (c) the results that may be obtained from the use of the Services will be accurate or reliable. TO THE EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, FIXMOB EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE. Under no circumstances will FixMob be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  13. No Resale of Service.
    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your FixMob ID), use of the Services, or access to the Services.
  14. General Practices Regarding Use and Storage.
    You acknowledge that FixMob may establish, and modify from time to time, general practices and limits concerning the use of the Services, including without limitation the maximum number of days that Content will be retained by the Services. You agree that FixMob has no responsibility or liability for the deletion of or failure to store any Content maintained or transmitted by the Services. You acknowledge that FixMob reserves the right, at its sole discretion, to log off and completely remove accounts that remain inactive for an extended period of time.
  15. Modifications to Service.
    FixMob reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that FixMob shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  16. Termination.
    You agree that FixMob may, for any reason or no reason and without prior notice, at its sole discretion, immediately terminate your FixMob account and access to the Services, and shall not be liable to you or any third party for any termination of your account or access to the Services.
  17. Links.
    The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that FixMob has no control over, is not responsible for the availability of, and does not endorse and is not responsible or liable for, any Content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that FixMob is not responsible in any way for any damage or loss caused by or in connection with use of or reliance on any such site or resource.
  18. Proprietary Rights.
    You acknowledge and agree that the Services contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, intellectual property laws, or other proprietary rights and laws. FixMob, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FixMob, Inc. as part of the Services. This license is for the sole purpose of enabling you to use and access the Services in accordance with these terms. Except as expressly permitted by applicable law or authorized by FixMob, you agree not to copy, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform or create derivative works based on the Services, in whole or in part.
  19. Limitation of Liability.
    You expressly understand and agree that FixMob and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FixMob has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the Services; or (d) any other matter relating to the Services.
  20. No Third-Party Beneficiaries.
    You agree that, except as otherwise expressly provided within these TERMS OF USE, there shall be no third-party Beneficiaries to this agreement.
  21. Notice.
    FixMob may provide you with notices, including those regarding changes to these TERMS OF USE, including but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereinafter developed.
  22. Trademark Information.
    The trademarks, logos, service marks, and product and service names related to FixMob are trademarks of FixMob (the ‘FixMob Marks’). Without prior written permission from FixMob, you agree not to display or use the FixMob Marks in any manner.
  23. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement.
    FixMob respects the intellectual property of others. We ask our users to do the same, particularly where it pertains to using the Services. FixMob may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please report this to hello@fixmob.co.
  24. General Information
    • Entire Agreement. This TERMS OF USE constitutes the entire agreement between you and FixMob and governs your use of the Services, superseding any prior agreements between you and FixMob with respect to the Services. You also may be subject to additional terms and conditions.
    • Choice of Law and Forum. The TERMS OF USE and the relationship between you and FixMob shall be governed by the laws of the State of North Carolina without regard to conflict of law provisions. You and FixMob agree to submit to the personal and exclusive jurisdiction of the courts located within Mecklenburg County, North Carolina.
    • Waiver and Severability of Terms. The failure of FixMob to exercise or enforce any right or provision of these TERMS OF USE shall not constitute a waiver of such right or provision. If any provision of these TERMS OF USE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TERMS OF USE remain in full force and effect.
    • No Right of Survivorship and Non-Transferability. You agree that your FixMob account is non-transferable, and any rights to your FixMob ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, FixMob may terminate your account and permanently delete all contents therein.Statute of Limitations. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • The section titles within these TERMS OF USE are for convenience only and have no legal or contractual effect

© FixMob, Inc. 2017