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FIXARO

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Terms of ServicePrivacy PolicyCookie Policy
Your Trusted Service Marketplace

Terms of Service

Please read these terms carefully before using FIXARO

Last Updated: January 15, 2025

Contents

Acceptance of TermsDefinitionsUser AccountsServicesPayments and FeesUser ContentProhibited ActivitiesLimitation of LiabilityDispute ResolutionTerminationChanges to TermsContact Information

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1. Acceptance of Terms

By accessing and using FIXARO (“the Platform”, “our Service”), you accept and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use our Service.

These Terms constitute a legally binding agreement between you and FIXARO Ltd. (“we”, “us”, “our”) governing your access to and use of the FIXARO platform, including any content, functionality, and services offered through fixaro.pro and its subdomains.

By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

For the purposes of these Terms:

  • “Client” means a user who posts job requests and hires Service Professionals through the Platform.
  • “Service Professional” or “Professional” means a verified user who offers and provides services through the Platform.
  • “Job” or “Service Request” means a specific task or project posted by a Client.
  • “Service Agreement” means the contract formed directly between a Client and a Service Professional for the provision of services.
  • “Platform Fees” means the fees charged by FIXARO for use of the Platform and its services.
  • “User Content” means any content, including text, images, videos, reviews, and other materials uploaded or posted by users.

3. User Accounts

Account Creation: To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access to or use of your account.

Account Types: FIXARO offers different account types including Client accounts and Professional accounts. Each account type has specific features, requirements, and obligations as detailed in these Terms.

Verification: Service Professionals must complete our verification process, which may include identity verification, background checks, and professional qualification verification. We reserve the right to reject or revoke verification at our discretion.

One Account Per User: Each user may maintain only one active account. Creating multiple accounts to circumvent Platform rules, reviews, or suspensions is strictly prohibited.

4. Services

Platform Role: FIXARO operates as a marketplace platform connecting Clients with Service Professionals. We are not a party to the Service Agreement between Clients and Professionals. We do not employ Service Professionals and are not responsible for their actions, qualifications, or the quality of services provided.

Service Listings: Service Professionals may create profiles and list their services on the Platform. All service listings must be accurate, legal, and comply with our Community Guidelines. We reserve the right to remove any listing that violates these Terms or applicable law.

Job Posting: Clients may post job requests describing the services they need. Job postings must be clear, accurate, and lawful. FIXARO reserves the right to remove job postings that violate these Terms.

Matching and Communication: Our Platform uses algorithms to match Clients with suitable Service Professionals based on various factors including location, skills, availability, and ratings. However, we make no guarantee regarding the quality, timeliness, or outcome of any service.

Service Agreement: When a Client accepts a Professional's proposal, a direct Service Agreement is formed between them. This agreement is independent of FIXARO. Both parties are responsible for negotiating terms, pricing, and deliverables.

5. Payments and Fees

Platform Fees: FIXARO charges platform fees for connecting Clients and Professionals. Current fee structures are available on our Pricing page and may vary based on service category, transaction value, and account type.

Service Professional Fees: Service Professionals pay a commission on completed jobs processed through the Platform. The commission rate is clearly disclosed before job acceptance.

Client Fees: Clients may be charged processing fees on certain transactions. All applicable fees are disclosed before payment confirmation.

Payment Processing: All payments are processed through secure third-party payment processors. By using our payment services, you agree to the terms and conditions of our payment processors.

Refund Policy: Refunds are subject to our Refund Policy. Disputes regarding service quality or completion should be resolved through our dispute resolution process.

Taxes: You are responsible for determining and paying all applicable taxes related to your use of the Platform and any services provided or received. Service Professionals are responsible for their own tax obligations.

Fee Changes: We reserve the right to modify our fee structure with 30 days' notice. Continued use of the Platform after fee changes constitutes acceptance of the new fees.

6. User Content

Your Content: You retain ownership of all content you post on the Platform. By posting content, you grant FIXARO a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Platform.

Content Responsibility: You are solely responsible for all content you post. You represent and warrant that you own or have the necessary rights to post your content and that it does not violate any third-party rights or applicable law.

Prohibited Content: You may not post content that is illegal, offensive, discriminatory, defamatory, or infringes on intellectual property rights. We reserve the right to remove any content that violates these Terms.

Reviews and Ratings: Clients and Professionals may leave reviews and ratings after service completion. Reviews must be honest, accurate, and based on actual experience. Fake reviews or review manipulation is strictly prohibited.

7. Prohibited Activities

You agree not to engage in any of the following:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Posting false, misleading, or fraudulent information
  • Harassing, threatening, or discriminating against other users
  • Attempting to circumvent Platform fees by conducting transactions outside the Platform
  • Creating fake accounts or manipulating reviews and ratings
  • Scraping or data mining the Platform without permission
  • Interfering with Platform security or functionality
  • Using the Platform for any illegal or unauthorized purpose
  • Posting spam, malware, or other malicious content

8. Limitation of Liability

No Warranty: The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service Quality: We do not guarantee the quality, safety, or legality of services provided by Service Professionals. We are not responsible for any damages, injuries, or losses resulting from services obtained through the Platform.

Limitation of Damages: To the maximum extent permitted by law, FIXARO shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill.

Maximum Liability: Our total liability to you for any claims arising from or related to these Terms or the Platform shall not exceed the greater of (a) the amount you have paid to FIXARO in the twelve months preceding the claim or (b) €100.

Third-Party Interactions: Your interactions with other users, including Service Professionals and Clients, are solely between you and such users. We are not responsible for disputes, damages, or losses resulting from these interactions.

9. Dispute Resolution

Informal Resolution: If you have a dispute with FIXARO or another user, you agree to first contact us to attempt to resolve the dispute informally. We provide a dispute resolution system to help mediate conflicts between Clients and Professionals.

Arbitration Agreement: Any dispute arising from or relating to these Terms or the Platform that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the European Arbitration Chamber, unless prohibited by law.

Class Action Waiver: You agree to resolve disputes with us on an individual basis only, and not as part of any class, consolidated, or representative action.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where FIXARO is registered, without regard to conflict of law principles.

10. Termination

Termination by You: You may terminate your account at any time by contacting us or using the account deletion feature. Termination does not affect any obligations or liabilities incurred prior to termination.

Termination by Us: We reserve the right to suspend or terminate your account at any time, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise harmful to FIXARO's business interests.

Effect of Termination: Upon termination, your right to access and use the Platform will immediately cease. We may delete your account information and content, though some information may be retained as required by law or for legitimate business purposes.

Survival: Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Platform at least 30 days before the changes take effect.

Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Platform.

12. Contact Information

If you have any questions about these Terms, please contact us:

FIXARO Ltd.

Email: legal@fixaro.pro

Phone: +1 (555) 123-4567

Address: 123 Innovation Street, Tech District, San Francisco, CA 94103

Additional Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and FIXARO concerning the Platform.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FIXARO's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, natural disasters, or governmental actions.

GDPR Compliance

FIXARO is committed to protecting your personal data and complying with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For information about how we collect, use, and protect your data, please see our Privacy Policy.

You have the right to access, correct, or delete your personal data at any time. For questions about your data rights, contact our Data Protection Officer at privacy@fixaro.pro.

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