Terms of Service

By accessing or using the Fixl Solutions website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms constitute a legally binding agreement between you and Fixl Solutions, Inc. ("Fixl", "we", "us", or "our").

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the updated Terms.

Fixl provides custom software development services including web development, mobile applications, AI/ML solutions, blockchain development, and related technology consulting services.

Services are provided according to project-specific Statements of Work (SOW) or Service Agreements that reference these Terms.

We reserve the right to modify, suspend, or discontinue any service with reasonable notice.

You must be at least 18 years old and have legal capacity to enter into contracts.

If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You may not use our services if you have been previously suspended or banned.

Some services require account registration. You must provide accurate and complete information.

You are responsible for maintaining the confidentiality of your account credentials.

You are responsible for all activities that occur under your account.

Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

Fees are specified in project-specific SOWs or invoices.

Payment is due according to the agreed payment schedule (typically NET 15 or NET 30).

Late payments may incur interest charges at 1.5% per month or the maximum allowed by law.

All fees are non-refundable unless otherwise specified in writing.

You are responsible for all taxes (excluding taxes on our income).

We accept payment via wire transfer, ACH, credit card, or other agreed methods.

Upon full payment, you receive ownership of custom code developed specifically for your project.

We retain ownership of pre-existing code, frameworks, libraries, and reusable components.

We retain the right to use generalized knowledge and skills gained during projects.

You grant us permission to use your company name and logo in our portfolio (unless otherwise agreed).

Third-party software and libraries are subject to their respective licenses.

We will protect confidential information disclosed during the engagement.

Confidential information does not include publicly available information or information independently developed.

Confidentiality obligations survive termination of the agreement.

We may disclose confidential information if required by law or court order.

We warrant that services will be performed in a professional manner consistent with industry standards.

We provide a 90-day warranty on defects in custom code from delivery date.

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

WE DO NOT WARRANT THAT THIRD-PARTY SERVICES OR INTEGRATIONS WILL FUNCTION AS EXPECTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

You agree to indemnify and hold us harmless from claims arising from:

• Your violation of these Terms

• Your violation of applicable laws or regulations

• Your infringement of third-party rights

• Content or data you provide to us

This indemnification survives termination of these Terms.

Either party may terminate with 30 days written notice.

We may terminate immediately if you breach these Terms.

Upon termination, you must pay for all services rendered to date.

Upon termination, we will return or destroy your confidential information (at your option).

Provisions regarding payment, intellectual property, confidentiality, and liability survive termination.

You may not use our services to:

• Violate laws or regulations

• Infringe intellectual property rights

• Transmit malware or harmful code

• Harass, threaten, or harm others

• Collect personal information without consent

• Interfere with our systems or security

• Engage in fraudulent activity

Violation may result in immediate suspension or termination.

We process personal data in accordance with our Privacy Policy.

For services involving personal data, we act as a data processor and you act as the data controller.

You are responsible for ensuring you have lawful basis to provide personal data to us.

We implement appropriate security measures as described in our Security Policy.

Data Processing Addendum available upon request for GDPR compliance.

We may modify these Terms at any time by posting updated Terms on our website.

Material changes will be notified via email to registered users.

Continued use after changes constitutes acceptance of modified Terms.

If you do not agree to changes, you must stop using our services.

Most disputes can be resolved through informal negotiation. Contact us at legal@fixlsolutions.com.

If informal resolution fails, disputes will be resolved through binding arbitration.

Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules.

Arbitration will be held in San Francisco, California.

You waive the right to participate in class actions.

Either party may seek injunctive relief in court for intellectual property violations.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Exclusive jurisdiction for any disputes is in the state or federal courts in San Francisco County, California.

Entire Agreement: These Terms, along with any SOW or Service Agreement, constitute the entire agreement.

Severability: If any provision is found invalid, the remaining provisions remain in effect.

Waiver: Failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign these Terms without our written consent. We may assign without restriction.

Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control.

No Partnership: These Terms do not create a partnership, joint venture, or employment relationship.