Fixrli Inc. - Terms of Use
Last Modified: 2026-09-16
PLEASE READ THESE TERMS OF USE CAREFULLY.
THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, LIMITATIONS ON THE TIME TO BRING CLAIMS, INDEMNIFICATION, AND GOVERNING LAW.
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Fixrli, Inc. (“Fixrli,” “Company,” “we,” “our,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of fixrli.com, Fixrli Direct, and all related websites, web applications, content, features, tools, subscriptions, payment-related functionality, project-management functionality, and services (collectively, the “Services”), whether you access the Services as a visitor or a registered user.
The Services provide an online platform through which property owners, property managers, and other persons seeking contracting services (“Property Owners”) may post or offer projects, receive bids or proposals, engage contractors, fund projects, communicate regarding project performance, and document project progress, and through which contractors and other service providers (“Contractors”) may identify, bid on, accept, manage, document, and receive payment for projects. Contractors may also authorize employees, subcontractors, agents, or other team members (“Authorized Team Members”) to access limited portions of the Services in connection with assigned projects. Property Owners, Contractors, Authorized Team Members, visitors, and other persons who access or use the Services are referred to collectively as “Users,” “you,” and “your.”
Fixrli provides technology tools that assist Users in entering into and managing transactions with one another. Fixrli is not a Property Owner, Contractor, subcontractor, construction manager, general contractor, property manager, employer, joint venturer, or party to any agreement for the performance of contracting or construction services between Users.
Please read the Terms of Use carefully before accepting them. By creating an account or clicking to accept these Terms of Use when the option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://fixrli.com/privacy/, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective when we post them on the Services or on such later effective date as may be specified in the updated Terms of Use, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in these Terms of Use will not apply to any disputes for which the parties had actual notice before the effective date of such changes.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We reserve the right, in our sole discretion and without notice, to modify, suspend, discontinue, restrict, or terminate the Services or any feature, functionality, service, integration, or content made available through the Services, including project listings, bidding functionality, payment-related functionality, project-management tools, milestone tracking, messaging, document and photograph uploads, AI-powered features, third-party authentication services, subscription offerings, integrations with third-party services, or other features or functionality made available through the Services. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period.
You are responsible for both:
- Making all arrangements necessary to access the Services; and
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access certain features of the Services, you may be required to create an account, authenticate through a supported third-party provider or other authentication method made available through the Services, or provide registration information and other information necessary to provide the Services. You represent and warrant that all information you provide is accurate, current, and complete, and you agree to promptly update such information if it changes. You agree that all information you provide to register with the Services or otherwise is governed by our Privacy Policy [ https://fixrli.com/privacy/ ], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, authentication credential, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you or the entity you represent and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information, except as expressly permitted through the Services, including access granted to Authorized Team Members. You should use particular caution when accessing your account from a public or shared computer, mobile device, or other device so that others are not able to view or record your password or other personal information.
You are solely responsible for ensuring that any project information, bids, photographs, documents, payment information, communications, project documentation, configuration settings, or other information you provide to or use with the Services are accurate and current, that you have all necessary rights and authority to submit such information, and that your use of the Services complies with all Applicable Law and the rights of any third party. Contractors are solely responsible for any third-party software providers that Contractor chooses to use in connection with the Services.
You are fully responsible for the security of data in your possession and control. You agree to comply with all Applicable Laws, Card Brand Rules and NACHA Rules in connection with your collection, security and dissemination of any personal, financial, or transaction information. Without limiting the generality of the foregoing, if you handle, transmit or store any cardholder data or sensitive authentication data in connection with your use of the Services, you agree to comply at all times with Payment Card Industry Data Security Standards (“PCI DSS”). Further, you agree to certify such compliance and provide documentation in accordance with PCI DSS, the Card Brand Rules, and the NACHA Rules and as requested by us or any Payment Provider.
We reserve the right to suspend, restrict, disable, or terminate any username, password, authentication credential, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion and for any reason, if, in our opinion, you have violated any provision of these Terms of Use or Applicable Law.
Text Messaging and Communications
By providing your mobile telephone number and opting to receive text messages from Fixrli, you consent to receive transactional text messages from or on behalf of Fixrli relating to your account, projects, project activity, payments, security, and other Services-related matters at the mobile telephone number you provide. Message frequency may vary. Standard message and data rates may apply. You may opt out of receiving text messages at any time by replying STOP to a text message. For assistance, reply HELP to a text message or contact us at legal@fixrli.com. Carriers are not liable for delayed or undelivered messages. Your consent to receive text messages is not a condition of purchasing any goods or services.
Age Limitation
The Services are intended solely for individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to form a binding contract with the Company, and will use the Services only on your own behalf or on behalf of another person for whom you are legally authorized to act. If you do not satisfy these eligibility requirements, you must not access or use the Services.
Intellectual Property Rights
Except for User Content (as defined below), the Services and their entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, user interfaces, databases, all information, software, text, displays, images, video, audio, user interfaces, databases, project information, project-management tools, workflows, payment-related functionality, documentation, AI-generated outputs, and the design, selection, arrangement, and compilation thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal use as a Property Owner or, if you are a Contractor or Authorized Team Member, solely in connection with your internal business purpose. Except as expressly permitted by these Terms of Use, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material made available through the Services. You may print, download, or retain copies of project information, project documentation, invoices, payment records, communications, and a reasonable number of other materials made available through the Services solely for your authorized internal or personal business use, provided that you do not reproduce, publish, distribute, sell, or otherwise exploit such materials except as expressly permitted by these Terms of Use.
Except as expressly permitted by these Terms of Use, you must not:
- Modify copies of any materials from the Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from any materials made available through the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, algorithms, or methods of operation of the Services or any software made available through the Services, except to the extent expressly permitted by Applicable Law.
- Copy, scrape, extract, or otherwise collect any content, data, or materials made available through the Services for the purpose of creating or supporting another product or service or for any commercial purpose.
- Use any content, data, software, project information, project documentation, AI-generated outputs, or other materials made available through the Services to develop, train, test, fine-tune, or improve any artificial intelligence, machine learning, or similar automated system without the Company’s prior written consent.
- Sell, license, sublicense, lease, distribute, provide, or otherwise make the Services or any portion of the Services available to any third party, or use the Services to provide services for the benefit of any third party, except as expressly authorized by the Company in writing.
No right, title, or interest in or to the Services, any content, software, project information, project documentation, AI-generated outputs, functionality, or other intellectual property made available through the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent, trade secret, and other Applicable Law.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, slogans, trade dress, and other branding elements are trademarks or other proprietary marks of the Company or its affiliates, licensors, or other respective owners. You must not use any such marks without the prior written consent of the applicable owner, except as expressly permitted by Applicable Law. All other names, logos, product and service names, designs, and slogans used in connection with the Services are the trademarks of their respective owners. Reference to any third-party product, service, company, or trademark does not imply any affiliation with, sponsorship by, endorsement of, or approval by the Company unless expressly stated.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
- In any way that violates any Applicable Law (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or Users of the Services, or expose them to liability.
- To provide false, inaccurate, misleading, or incomplete registration, account, Property Owner profile, Contractor profile, projects, bids, payment, payment method, project documentation, photograph, communication, subscription, or other information submitted through the Services, or fail to keep such information current.
- To share your account credentials with another person or permit another person to access the Services through your account except as expressly authorized by the Company or through the Authorized Team Member functionality made available through the Services.
- To interfere with or manipulate the bidding or payment process or otherwise misuse the Services in connection with any project or transaction.
- To use the Services to circumvent the Services, avoid applicable subscription fees, commissions, payment-processing fees, or other charges, or to solicit or complete transactions outside the Services in violation of these Terms of Use.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services.
Additionally, you agree not to:
- Introduce, upload, transmit, or otherwise make available any viruses, Trojan horses, worms, logic bombs, malware, or other malicious code or technologically harmful material through or to the Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services; the server(s) or infrastructure on or through which the Services or any component thereof are provided or stored; or any server, computer, or database connected to the Services.
- Otherwise attempt to interfere with the proper working of the Services.
User Content
The Services may permit you to capture, upload, submit, transmit, publish, display, or otherwise provide project information, bids, proposals, statements of work, project documentation, photographs, videos, communications, invoices, payment requests, milestone information, time records, customer support communications, account information, project files, or other documents, information, data, images, or materials in connection with your use of the Services (collectively, “User Content”).
You retain all right, title, and interest in and to your User Content. By submitting User Content through the Services, you grant the Company and its affiliates, service providers, contractors, successors, and assigns a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display internally, and otherwise use your User Content as necessary to: operate, maintain, secure, support, and improve the Services; facilitate projects, payments, communications, project management, AI-assisted features, and the other features and functionality of the Services; comply with Applicable Law, Legal Process, or governmental request; and enforce and comply these Terms of Use. You understand and agree that some of your User Content will be made publicly available to facilitate Users to connect with each other. When Users agree to enter into a project together, then each party to the project shall be able to access the information about the project.
You represent and warrant that:
- All of your User Content does and will comply with these Terms of Use.
- You acknowledge that the Services may use automated technologies, including artificial intelligence and machine learning technologies, to process User Content, assist in organizing information, generating draft statements of work or other project documentation, and otherwise provide and improve the Services.
- Your submission of User Content and your use of the Services in connection with such User Content comply with all Applicable Laws and do not violate the rights of any third party.
You are solely responsible for your User Content, including its legality, accuracy, completeness, and appropriateness. The Company does not independently verify the accuracy or completeness of User Content and is not responsible for any loss, damage, inaccurate project information, bids, statements of work, project documentation, payment requests, photographs, communications, AI-generated outputs, or other errors arising from inaccurate, incomplete, outdated, unauthorized, or otherwise deficient User Content submitted by you.
Provision of Payment-Related Functionality
Although the Services may include or integrate with deferred payout, secure platform holds administered by Payment Providers, mile-stone based payment routing, or other payment-related functionalities, the Company is not a financial institution. Payment-related Services are provided by third parties and their respective financial institutions (each a “Payment Provider” and together the “Payment Providers”). In connection with any integration between the Services and any services offered by a Payment Provider, we may collect, analyze and relay information generated in connection with such payment-related functionality or transactions. You authorize us to provide this information to Payment Providers to facilitate payments. The Payment Providers’ respective financial institutions actually hold and conduct the settlement of transactions. We do not sell payment instruments. We do not at any point own or control funds in connection with the Services, nor do we transmit money or monetary value. In connection with the Services, we do not actually or constructively receive, take possession of or hold any money or monetary value for transmission, and do not advertise or solicit receiving money for transmission. To the fullest extent permitted by law, you acknowledge and agree that your use of the Services, and our performance of our obligations or exercise of our rights, privileges, or remedies hereunder, do not establish us as a payment processor, payment facilitator, money transmitter, seller of checks, or other money service business selling payment instruments or accepting payment from users for transmittal to others.
Anti-Money Laundering and Sanctions Compliance
To help prevent the funding of terrorism and money laundering activities, federal law and internal policies may require us or Payment Providers to obtain, verify, and record information that identifies each person who opens an account. In order to comply with these requirements, we may ask for your name, physical address, and government identification number in order to verify your identity. From time to time, we may be required to provide information about you to Payment Providers in order to enable them to comply with the Bank Secrecy Act (“BSA”), the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (“USA PATRIOT Act”), the Foreign Corrupt Practices Act (“FCPA”), other laws and orders relating to anti-money laundering and sanctions, and the rules, regulations, and guidance issued by the Financial Crimes Enforcement Network (“FinCEN”), the Office of Foreign Assets Control (“OFAC”), and other government agencies with respect to any of the foregoing laws, as each of the foregoing may be amended from time to time, as well as their respective anti-money laundering programs, customer identification programs, and know your customer policies, procedures, and internal controls. You agree to promptly provide to us any information about you that we or any Payment Provider deem necessary or advisable in order to determine or ensure compliance with all the foregoing or to respond to requests for information concerning the identity of customers from any governmental authority, self-regulatory organization, financial institution, or any Payment Provider in connection with the foregoing. You also agree to promptly notify us and any Payment Provider if there are any significant changes to the nature of your business (including changes to any trade name(s)), product lines or services, or in the event any person or entity acquires any beneficial ownership interest in you which exceeds twenty-five percent (25%).
You represent, warrant, and covenant that you; any person or entity controlled by or controlling you; any of your or their respective partners, members, shareholders or other equity owners; and any of your or their respective employees, officers, directors, representatives or agents (a) are not, and will not become, the target of economic or financial sanctions or other restrictions on doing business with you and them imposed, administered, or enforced by the U.S. federal government, including, but not limited to, being listed on Specially Designated Nationals and Blocked Persons List maintained by OFAC or on any other similar list (collectively, “Sanctions,” and any person or entity that is the subject of such Sanctions or majority-owned or controlled by a person or entity that is the subject of such Sanctions, a “Sanctioned Person”); (b) are or have engaged, or will engage, in activities that could result in being designated a Sanctioned Person or on any list of restricted parties maintained by the U.S. federal government; and (c) will not engage in any business or other activities that could cause us or any Payment Provider to be in violation of applicable Sanctions, anti-money laundering, anti-bribery or anti-boycott laws or regulations, including the BSA, USA PATRIOT Act, and the FCPA, and no payment by you and no payment to you will cause us or any Payment Provider to be in violation of any Applicable Law.
Compliance with Applicable Law
You agree to comply with (a) the by-laws, operating regulations and all other rules, policies and procedures of Visa, Mastercard, Discover, American Express, and other payment card networks, associations, or companies (collectively, the “Card Brands”), as in effect from time to time (the “Card Brand Rules”); (ii) all applicable rules and operating guidelines issued by the National Automated Clearing House Association (“NACHA”), as in effect from time to time (“NACHA Rules”); (iii) other applicable laws, rules, regulations, policy statements, guidelines, guidance, orders, or similar directives of any federal, state, or local governmental authority, payment network, clearing house, or other payment intermediary rules or operating circulars, as in effect from time to time; and (iv) payment-related procedures provided to you from time to time by any Payment Provider (all collectively, “Applicable Law”). Notwithstanding any informal assistance we or any Payment Provider may provide relating to Applicable Law, you are solely responsible for becoming familiar with and having knowledge of all Applicable Law. You agree to provide such assistance as may be reasonably requested by us or any Payment Provider in complying with Applicable Law applicable to transactions conducted using the Services.
Risk Management
We reserve the right to request that any Payment Provider (a) decline or refund any transaction that we believe to be the subject of a dispute, high risk, fraudulent, in violation of Applicable Law, or otherwise in violation of any agreement; (b) establish reserves out of funds otherwise payable to you; (c) place a hold on any funds to which you may be entitled; or (d) delay settling payment to you at such times and in such amounts as we may reasonably determine in order to protect us or a Payment Provider from incurring a pecuniary loss in connection with any transactions conducted on or through the Services, including any actual or anticipated fees, liabilities, chargebacks, returns, or other assessments or in connection with any writ of attachment, lien, garnishment, levy, subpoena, warrant, or other legal order (“Legal Process”). Without limiting the generality of the foregoing, certain Payment Providers may maintain “prohibited business lists” or similar restrictions on the types of businesses that may use their applicable Services, and you represent, warrant, and covenant that you will not engage in any such prohibited activities. We will not be liable to you if we exercise any of our rights, privileges, or remedies hereunder. Notwithstanding any exercise of any of our rights hereunder, we do not undertake any obligation to monitor your use of the Services for transactions or other activity that would result in violations of or fines, charges, penalties, assessments, or other undue burdens under Applicable Law. You authorize us to provide such requests to the applicable Payment Provider and agree to execute any further documentation that a Payment Provider may require in connection with such authorization.
Monitoring and Enforcement; Termination
We have the right to:
- Remove, reject, disable access to, decline to process, or require the re-submission of any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes the intellectual property or other rights of any person or entity, contains false, inaccurate, misleading, or incomplete information, misrepresents a project, bid, Contractor, Property Owner, payment request, or project status, is submitted without appropriate authorization, threatens the security or integrity of the Services, or could create liability for the Company.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Suspend, restrict, terminate, or otherwise limit your access to all or any part of the Services and any related applications or services if we reasonably determine that you have violated these Terms of Use or otherwise created risk or potential liability for the Company or its user.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting User Content on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review, verify, validate, or monitor all User Content or other information submitted through the Services and cannot guarantee that such User Content complies with these Terms of Use or is accurate, complete, current, or suitable for any particular purpose. Accordingly, we assume no responsibility or liability for any User Content, projects, bids, communications, project documentation, payment requests, or other information submitted through the Services or for any action or inaction relating to the review, processing, removal, or retention of User Content.
Copyright Infringement
If you believe that any User Content, reports, or other material made available through the Services infringes your copyright, please notify us by contacting us at legal@fixrli.com with sufficient information to identify the copyrighted work claimed to have been infringed and the allegedly infringing material. The Company reserves the right to remove or disable access to allegedly infringing material and to suspend or terminate the accounts of repeat infringers or other users who violate the intellectual property rights of others, in appropriate circumstances and at the Company’s discretion.
No Reliance on Information
The Services, including project listings, bids, contractor profiles, property owner information, project documentation, photographs, communications, statements of work, automated outputs, and other information made available through the Services, are provided solely for general informational purposes. The Services are designed to facilitate communication, project management, payment facilitation, and other interactions between Property Owners and Contractors, but they do not provide legal, construction, engineering, architectural, accounting, tax, insurance, financial, or other professional advice. Nothing made available through the Services constitutes professional advice or should be relied upon as a substitute for the advice of qualified professionals.
The Services do not determine, certify, guarantee, represent, or verify the qualifications, licensing, insurance, bonding, financial condition, identity, experience, reputation, competence, or reliability of any Property Owner, Contractor, Authorized Team Member, project, bid, proposal, statement of work, payment request, or other information made available through the Services. Except as expressly stated otherwise, the Company does not investigate, supervise, inspect, monitor, or guarantee the performance of any project or transaction conducted through the Services.
The Services may include, rely upon, or generate information obtained from publicly available sources, third-party services, information provided by Users, and automated technologies, including artificial intelligence and machine learning technologies. Although the Company seeks to provide useful and reliable information, the Company does not warrant or guarantee, and expressly disclaims, the accuracy, completeness, timeliness, reliability, or usefulness of any project information, bids, contractor profiles, property owner information, statements of work, AI-generated outputs, project documentation, communications, or other information made available through the Services. Such information may change at any time and may become inaccurate or outdated.
Your use of the Services and your reliance on any information made available through the Services are solely at your own risk. You are solely responsible for evaluating Property Owners, Contractors, Authorized Team Members, projects, bids, proposals, statements of work, payment requests, project documentation, and other information made available through the Services before entering into or performing any project or transaction. The Company does not guarantee the quality, legality, safety, timeliness, performance, payment, completion, or outcome of any project or transaction or the conduct of any User. The Company is not responsible for disputes between Property Owners, Contractors, or other Users except as expressly provided in these Terms of Use.
Fees, Payment, and Subscriptions
Certain features and functionality of the Services require the purchase of a paid subscription or payment of transaction-based fees. By purchasing or otherwise subscribing to the Services, you agree to pay all applicable fees and charges associated with the subscription plan you select or that are otherwise specified in an applicable Order Form or other written agreement with the Company. Certain transactions conducted through the Services may also be subject to facilitation fees, commissions, payment-processing fees, or other transaction-based charges as disclosed through the Services, our Pricing page, or another applicable policy or agreement. The features, functionality, usage limits, billing terms, and pricing applicable to your subscription are those presented to you at the time you purchase or otherwise subscribe to the Services or specified in an applicable Order Form or other written agreement with the Company. All fees are stated in U.S. dollars unless otherwise indicated and are exclusive of applicable taxes, which you are responsible for paying unless otherwise required by law. Contractors remain solely responsible for any sales or use tax related to the physical labor and materials provided to the Property Owner.
Payments and other financial transactions conducted through the Services are processed through Stripe or another third-party payment processor designated by the Company. By providing a payment method, you authorize the Company and its designated payment processor(s) to charge your payment method for all applicable subscription fees, facilitation fees, commissions, payment-processing fees, taxes, and other authorized charges in accordance with your subscription plan and these Terms of Use.
Unless otherwise provided in an applicable Order Form or other written agreement, subscriptions automatically renew for successive renewal periods equal to the initial subscription term unless cancelled before the applicable renewal date. By purchasing or subscribing to the Services, you authorize the Company to charge your designated payment method at the beginning of each renewal period unless you cancel your subscription before the renewal date. For projects involving scheduled or installment payments, you authorize the Company and its designated payment processor(s) to charge the applicable Property Owner’s payment method seven (7) days before the applicable installment or payment due date, as disclosed through the Services or otherwise agreed in connection with the applicable project. If subscription pricing changes, the Company will provide any notice required by Applicable Law before the new pricing becomes effective. Failure to timely pay applicable fees may result in suspension or termination of your access to the Services.
You may cancel your subscription by using any cancellation functionality made available through the Services, by contacting the Company using the contact information provided in these Terms of Use, or as otherwise provided in an applicable Order Form or other written agreement, or by any other method the Company makes available for your subscription plan. Unless otherwise required by Applicable Law or expressly agreed by the Company in writing, cancellation will become effective at the end of your then-current subscription term or billing period, as applicable.
Except as otherwise required by Applicable Law or expressly stated by the Company in writing, subscription fees, facilitation fees, commissions, payment-processing fees, and other fees charged by the Company are non-refundable. Note the foregoing does not apply to funds processed to pay for contracting services agreed to between a Property Owner and Contractor. Cancellation of your subscription will not relieve you of any obligation to pay any fees or charges accrued before the effective date of cancellation. The Company reserves the right to modify its subscription plans, features, functionality, and pricing from time to time. Any changes to recurring subscription fees will apply only to future renewal terms or billing periods after any notice required by Applicable Law has been provided.
Certain payment-related features of the Services may involve the collection, holding, transfer, or release of funds through Stripe or another designated third-party payment processor. The processing, authorization, holding, release, and transfer of funds are subject to these Terms of Use, any applicable payment policies made available through the Services, and the applicable third-party payment processor’s terms and conditions.
Disputes Between Users
Users agree that Fixrli may intervene in a project where a User has reported a dispute. If any User reports a dispute during an agreed upon project, then Fixrli may terminate the project and request that the applicable Payment Provider route or release funds based on evidence provided through the Services or request that the applicable Payment Provider maintain a hold on funds until the dispute is resolved between the Users. All instructions to initially fund a project or release funds in connection with the Services are authorized by the applicable Property Owner. Following resolution of a dispute, the Property Owner authorizes the return, release, or routing of funds in accordance with the resolution of the dispute as determined pursuant to these Terms. Any funds returned to a Property Owner shall be returned in the form of credit to be used on another project. You agree to be bound by any dispute resolution reasonably determined by Fixrli.
Third-Party Websites
The Services may contain or provide access to third-party websites, applications, payment processors, accounting software, artificial intelligence services, authentication providers, communications services, resources, content, or other third-party services for your convenience or as part of the functionality of the Service. The Company does not control, endorse, or assume responsibility for the content, products, services, privacy practices, availability, security, or performance of any third-party websites, applications, or other resources.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Services, or any files, documents, or other materials transmitted to or from the Services, will be free of viruses or other destructive code. You are responsible for implementing appropriate safeguards, including anti-virus protection and procedures for maintaining and reconstructing any lost data. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL ARISING FROM YOUR USE OF THE SERVICES, YOUR TRANSMISSION OF MATERIALS TO OR THROUGH THE SERVICES, OR YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICE LINKED TO OR INTEGRATED WITH THE SERVICES.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY FEATURES, AUTOMATED OUTPUTS, PAYMENT-RELATED FUNCTIONALITY, OR OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTION 16 (NO RELIANCE ON INFORMATION). THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, RELIABILITY, SECURITY, AVAILABILITY, QUALITY, OR PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES.
WITHOUT LIMITING THE FOREGOING OR THE DISCLAIMERS SET FORTH IN SECTION 16, THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PROJECT LISTING, BID, PROPOSAL, CONTRACTOR PROFILE, PROPERTY OWNER PROFILE, PROJECT DOCUMENTATION, STATEMENT OF WORK, PHOTOGRAPH, COMMUNICATION, AUTOMATED OUTPUT, PAYMENT-RELATED FUNCTIONALITY, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT ANY PROPERTY OWNER, CONTRACTOR, AUTHORIZED TEAM MEMBER, PROJECT, BID, TRANSACTION, OR PROJECT OUTCOME WILL MEET YOUR EXPECTATIONS OR BE FREE FROM DISPUTE, DELAY, DEFECT, FRAUD, OR OTHER ISSUES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS (US $100); OR (B) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your breach of these Terms of Use, (ii) your User Content, (iii) your use of the Services in connection with any project or transaction, including a dispute with another User, (iv) your infringement or alleged infringement of any intellectual property, privacy, or other rights of any third party, or (v) your violation of Applicable Law.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution; Arbitration Agreement; Class Action Waiver; Mass Arbitration Procedures
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
THIS SECTION REQUIRES MOST DISPUTES BETWEEN YOU AND FIXRLI TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT ALSO INCLUDES A JURY TRIAL WAIVER, A CLASS ACTION WAIVER, AND SPECIAL PROCEDURES THAT APPLY IF MULTIPLE SIMILAR CLAIMS ARE ASSERTED.
Except as expressly provided in this Section, you and Fixrli agree that all disputes subject to this Arbitration Agreement will be resolved exclusively through binding individual arbitration rather than in court. To the fullest extent permitted by law, you and Fixrli waive the right to a jury trial and the right to participate in a class, collective, consolidated, private attorney general, or representative action.
- Disputes Covered
This Section applies to any dispute, claim, or controversy between you and Fixrli, its affiliates, and their respective officers, employees, agents, service providers, and other intended third-party beneficiaries (collectively, the “Related Parties”), arising out of or relating to:
- these Terms;
- your access to or use of the Services;
- any products, subscriptions, features, functionality, or services offered by Fixrli through the Services;
- billing, fees, commissions, payments, payment-related functionality, marketing, privacy, data security, advertising, consumer protection, contract, tort, statutory, or common-law claims; or
- the interpretation, enforceability, validity, formation, or scope of this Arbitration Agreement, except as expressly stated below.
For clarity, this Arbitration Agreement governs disputes between you and Fixrli or the Related Parties. It does not govern disputes solely between Property Owners, Contractors, Authorized Team Members, or other Users concerning an underlying project or transaction to which Fixrli is not a party.
This Arbitration Agreement does not apply to claims that Applicable Law prohibits from being arbitrated. If you use the Services on behalf of another person or entity, you represent that you have authority to accept these Terms on behalf of yourself and that person or entity to the fullest extent permitted by law.
- Notice of Dispute Required
Before initiating arbitration or filing any court action, the party asserting a dispute must provide a written Notice of Dispute. Notices to you may be sent to the contact information associated with your account or use of the Services. Notices to us must be sent to:
Fixrli, Inc.
1020 E. Land Place
Milwaukee, WI 53202
legal@fixrli.com
The Notice of Dispute must include the claimant’s name, contact information, a description of the dispute and supporting facts specific to the claimant, the relief requested, and the claimant’s personal signature, or if a claimant is an entity, the signature of an authorized representative. If a claim is asserted on behalf of another person, the Notice of Dispute must also identify that person and the claimant’s authority to act on their behalf.
- Attempted Informal Resolution Required
The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt of a complete Notice of Dispute. Any applicable statute of limitations will be tolled during that period. The parties may voluntarily agree to mediate the dispute by telephone or videoconference, but neither party is required to participate in mediation unless Applicable Law requires otherwise.
Completion of this informal dispute-resolution process is a contractual condition precedent to arbitration or litigation. A court or arbitrator may stay or dismiss any proceeding filed before this process has been completed.
- Binding Individual Arbitration
If the dispute is not resolved through the informal process, either party may initiate binding individual arbitration.
Consumer disputes involving individual Users of the Services for personal, family, household, or similar non-commercial purposes will be administered by the American Arbitration Association under its Consumer Arbitration Rules.
Commercial disputes involving Contractors, property managers, business Property Owners, Authorized Team Members, or other commercial Users will be administered by the American Arbitration Association under its Commercial Arbitration Rules.
The Federal Arbitration Act governs this Arbitration Agreement. Arbitration will be conducted remotely by video, telephone, or written submissions unless the arbitrator determines that an in-person hearing is necessary or the parties agree otherwise. The arbitration will be heard by one neutral arbitrator.
- Arbitrator’s Authority
Subject to these Terms and Applicable Law, the arbitrator may award any individual remedy that would be available in court, including statutory damages, attorneys’ fees, costs, declaratory relief, and injunctive relief to an individual claimant.
The arbitrator may permit only the discovery reasonably necessary to ensure a fair resolution of the dispute.
Except as expressly provided below, the arbitrator has the exclusive authority to decide issues relating to the interpretation, enforceability, validity, formation, and scope of this Arbitration Agreement. A court, and not the arbitrator, will, to the extent required by Applicable Law, decide issues concerning the enforceability or applicability of the class action waiver, consolidated proceeding waiver, public injunctive relief, or the mass arbitration provisions.
- Class, Collective, Representative, and Consolidated Action Waiver
To the fullest extent permitted by law, you and Fixrli agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class representative, class member, private attorney general, or representative in any class, collective, consolidated, coordinated, or representative proceeding, except as required by nonwaivable law or as provided in the mass-arbitration procedures below. This waiver applies in both arbitration and court proceedings.
- Mass Arbitration
If ten (10) or more substantially similar Notices of Dispute or arbitration demands are submitted by or with the assistance, coordination, or cooperation of the same or coordinated counsel, law firms, organizations, or claimants, the claims will be treated as a “Mass Arbitration.”
Each claimant must first complete the Notice of Dispute process described above. Each Notice of Dispute and arbitration demand must be personally signed by the claimant or, for an entity claimant, by an authorized representative, and include claimant-specific facts supporting the claim, identify the relief sought, and provide information sufficient to identify the claimant’s relationship with Fixrli. Counsel coordinating multiple claims must certify that each claimant authorized the filing, reviewed and personally signed the Notice of Dispute or arbitration demand, completed the required informal dispute-resolution process, and has a good-faith basis for the claim. No arbitration demand may be filed until the informal-resolution process is complete. If an arbitration demand is filed prematurely, the administrator or a court may dismiss, stay, administratively close, or hold the matter in abeyance without requiring payment of filing, administrative, case-management, or arbitrator fees until the contractual prerequisites have been satisfied.
For any Mass Arbitration, the administrator’s applicable mass-arbitration rules and fee schedule will apply. If those rules do not provide a complete process, claims will proceed in staged batches as determined by the administrator, a process arbitrator, or a court. Fees will be assessed only for the batch or stage then being administered, unless Applicable Law require otherwise. No merits arbitrator shall be appointed for claims outside an active batch. Filing fees, administrative fees, case-management fees, and arbitrator compensation shall be assessed only for the batch then being administered unless Applicable Law or the administrator’s rules require otherwise. Claims that are not part of the active batch will remain in abeyance, and all applicable limitations periods will be tolled.
The outcome of any batched, bellwether, or staged proceeding may be used solely for settlement purposes and shall not have preclusive effect or bind any other claimant or Fixrli absent a written agreement by the affected parties. A court or process arbitrator may enforce this section. Nothing in this section prevents any claimant from pursuing an otherwise proper individual claim.
- Small Claims and Provisional Court Relief
Nothing in this Arbitration Agreement limits either party’s right to bring an eligible claim in small claims court where permitted by Applicable Law.
Either party may seek temporary, preliminary, or provisional injunctive relief from a court solely to preserve the status quo, protect confidential information, prevent unauthorized access, protect intellectual property, respond to security incidents, or prevent imminent and irreparable harm pending completion of arbitration.
Seeking such provisional relief does not waive the right to arbitrate.
If a court determines that a particular claim cannot be arbitrated, only that claim will proceed in court. Any arbitrable claims will remain subject to arbitration, and any court proceeding may be stayed pending completion of arbitration to the extent permitted by law.
- Costs and Attorneys’ Fees
Arbitration fees and costs will be allocated according to the applicable arbitration rules and governing law. For consumer disputes, Fixrli will pay arbitration fees to the extent required by applicable AAA Consumer Arbitration Rules or Applicable Law. Each party will bear its own attorneys’ fees and litigation costs unless Applicable Law or the arbitration rules require otherwise, or the arbitrator awards fees based on a determination that a claim or defense was frivolous or asserted in bad faith.
- Right to Opt-Out
You may opt out of this Arbitration Agreement by sending written notice within 30 thirty (30) days after first accepting these Terms. Opt-out notices must be sent to: legal@fixrli.com. Your notice must include your name, mailing address, the email address associated with your account or use of the Services, and a clear statement that you are opting out of arbitration. If you use the Services on behalf of an entity and wish to opt that entity out of this Arbitration Agreement, the notice must also identify the entity and your authority to act on its behalf. Opting out of arbitration does not affect any other provision of these Terms, including the requirement to complete the informal dispute-resolution process before initiating litigation.
- Severability and Survival
If any part of this Arbitration Agreement is held unenforceable, that provision shall be severed only to the minimum extent necessary, and the remainder of the Arbitration Agreement shall remain enforceable. However, if the class, collective, representative, consolidated-action, or private attorney general waiver is found unenforceable as to a particular claim and cannot be severed while preserving individual arbitration, that claim shall proceed in court and not in class arbitration. This Arbitration Agreement survives termination of your account, termination of these Terms, cessation of your use of the Services, and the end of your relationship with Fixrli.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company regarding your use of the Services, except to the extent you and the Company have entered into a separate written agreement governing your use of the Services.
Your Comments and Concerns
The Services are operated by Fixrli, Inc., located at 1020 E. Land Place, Milwaukee, WI 53202.
Questions, comments, requests for technical support, copyright infringement claims, and all other communications relating to the Services or these Terms of Use should be directed to legal@fixrli.com.
Legal Entity: Fixrli Inc.
Address: 1020 E Land Pl, Milwaukee, WI 53202
Email: legal@fixrli.com
38853970.4