1. Acceptance of Terms
By accessing or using The Fixins ("Service"), operated at thefixinsapp.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
These Terms apply to all users of the Service, including property owners, vendors, staff members who submit reports, and administrators.
2. Description of Service
The Fixins is a property maintenance and vendor management platform that allows:
- Property owners to track maintenance issues, manage vendor relationships, and send service requests.
- Vendors to receive service requests, respond to inquiries, and manage their profiles.
- Staff members to report maintenance issues via public reporting links without creating an account.
The Service facilitates communication between property owners and vendors via email and SMS but does not guarantee any particular outcome of those communications or vendor service quality.
3. Accounts and Registration
- You must provide accurate, complete, and current information when creating an account.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized access or use of your account.
- You must be at least 16 years of age to create an account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
4. User Responsibilities
4.1 Property Owners
- You are responsible for the accuracy of property and vendor information you enter.
- When adding a vendor's contact information, you represent that you have a legitimate business relationship with that vendor or a reasonable basis for contacting them.
- You are responsible for service requests and communications sent to vendors through the platform.
- You acknowledge that sharing the staff report link gives anyone with that link the ability to submit issue reports for your property.
4.2 Vendors
- You acknowledge that property owners may add your contact information to the platform to facilitate service requests.
- You are responsible for the accuracy of information in your vendor profile.
- Responding to service requests through the platform does not create a binding contract for services unless separately agreed upon between you and the property owner.
4.3 All Users
- You agree not to use the Service for any unlawful purpose.
- You agree not to harass, abuse, or send unsolicited communications through the platform.
- You agree not to attempt to gain unauthorized access to other accounts or systems.
- You agree not to use automated tools (bots, scrapers) to access the Service without our written consent.
- You agree not to submit false, misleading, or fraudulent information.
5. Communications (Email and SMS)
By using the Service, you acknowledge and agree that:
- Transactional emails will be sent to your email address for service-related purposes, including service request notifications, vendor introductions, issue updates, and account communications. These are necessary for the Service to function.
- SMS messages may be sent to vendor phone numbers on file when a property owner initiates a quick contact ("bat signal") request. Standard messaging rates apply. SMS frequency depends on property owner activity.
- You consent to receiving these communications as part of using the Service.
- Vendors may request removal of their phone number to stop receiving SMS messages by contacting the property owner or us directly.
6. Vendor Directory
The Service includes a vendor directory that displays vendor information (name, company, specialty, phone, email) to authenticated property owners. By being listed in the directory:
- Vendor contact information is visible to property owners on the platform.
- Property owners may add vendors from the directory to their property's vendor list.
- Vendors may request removal from the directory by contacting us.
7. Staff Reporting Links
Property owners may generate unique public URLs for staff issue reporting. These links:
- Allow anyone with the link to submit maintenance issue reports without creating an account.
- Collect the reporter's name and issue details.
- Are the property owner's responsibility to share and manage securely.
8. Intellectual Property
The Service, including its design, code, logos, and content (excluding user-submitted content), is owned by The Fixins and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.
You retain ownership of content you submit to the Service (property info, issue reports, vendor notes). By submitting content, you grant us a limited license to use, display, and process it as necessary to provide the Service.
9. Disclaimers
- The Service is provided "as is" and "as available" without warranties of any kind, express or implied.
- We do not warrant that the Service will be uninterrupted, error-free, or secure.
- We do not endorse, guarantee, or assume responsibility for any vendor's qualifications, work quality, licensing, insurance, or reliability.
- We are not a party to any agreement between property owners and vendors. The Service is a communication tool only.
- We do not guarantee the delivery of email or SMS messages, which depend on third-party providers.
10. Limitation of Liability
To the fullest extent permitted by law, The Fixins and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:
- Your use of or inability to use the Service.
- Any conduct or content of any third party on the Service.
- Any vendor services obtained through the Service.
- Unauthorized access, use, or alteration of your data.
- Failure or delay of email or SMS delivery.
Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
11. Indemnification
You agree to indemnify, defend, and hold harmless The Fixins and its owners, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:
- Your right to use the Service ceases immediately.
- We may delete your account and associated data in accordance with our Privacy Policy.
- Provisions that by their nature should survive termination (including disclaimers, limitation of liability, and indemnification) shall survive.
You may delete your account at any time through your account settings or by contacting us.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Louisiana.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on this page and updating the "Last updated" date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions about these Terms, contact us at:
The Fixins
Email: [email protected]