Terms of Service

Effective Date: April 2025

1. Agreement to Terms

This Terms of Service Agreement ("Agreement") is entered into by and between Fixetta LLC, a Virginia limited liability company ("Fixetta", "Company", "we", "us", or "our"), and any individual or entity accessing or using our website, mobile application, or services ("Platform") as a user, whether a customer ("Client") or a service provider ("Contractor") (collectively, "Users"). By registering for, accessing, or using the Platform, you agree to be legally bound by all the terms and conditions set forth herein. If you do not agree, you must not access or use the Platform.

2. Nature of Services and Legal Disclaimer

Fixetta operates solely as a neutral digital marketplace connecting Clients with independent Contractors. Fixetta is not a general contractor, employer, staffing agency, or licensed trade professional. Fixetta neither performs nor supervises any services, and assumes no responsibility or liability for the actions or inactions of Contractors.

Fixetta does not:

Validate or verify Contractor licenses, insurances, bonding, certifications, or backgrounds
Guarantee the accuracy, quality, legality, or safety of services rendered
Endorse or warrant the conduct of any Contractor or Client
Assume any control over service pricing, schedules, or execution

All agreements entered into between Clients and Contractors are solely between those parties. Fixetta disclaims any and all liability arising out of or related to services rendered.

3. Eligibility and Account Responsibilities

To access and use the Platform, you must be at least 18 years of age and legally competent to enter into binding agreements. You agree to:

Provide true, accurate, and complete information during registration
Maintain confidentiality of your login credentials
Accept full responsibility for all activities conducted under your account

You agree not to create more than one account or impersonate another person or entity.

4. Independent Contractor Status and Indemnity

All Contractors on the Platform are independent service providers. Nothing in this Agreement shall be construed to create an employer-employee relationship, agency, partnership, or joint venture.

Contractors are solely responsible for:

Securing and maintaining all applicable licenses, registrations, and permits
Complying with local, state, and federal laws and regulations
Carrying active and valid general liability insurance, professional liability, and workers’ compensation coverage as required by law
Representing their skills, qualifications, and services truthfully

Fixetta disclaims all liability for:

Property damage, bodily injury, or death arising out of services provided
Disputes between Clients and Contractors
Financial losses due to fraud, negligence, or service delays

You agree to release and hold Fixetta harmless from any and all claims related to services, misconduct, or contract breaches by other Users.

5. Insurance Obligations and Verification

Fixetta does not verify, track, or enforce the insurance status of Contractors. Clients acknowledge that it is their sole responsibility to:

Confirm insurance coverage and scope directly with Contractors
Evaluate associated risks of uninsured or underinsured work

All liability and risks related to lack of insurance or faulty work remain with the Contractor. Fixetta bears no legal or financial responsibility.

Fixetta reserves the right (but assumes no obligation) to verify minimum compliance indicators for Contractor insurance coverage.

6. Service Workflow and Privacy Protections

Clients may post requests describing project type, budget, general location, and preferred timing
Contractors can view listings within their verified skillsets only
Contractors cannot view Clients’ exact locations or personal contact information prior to agreement acceptance
Clients reserve sole authority to accept, reject, or modify proposals
Upon mutual acceptance, location details and payment process are released
Payment is processed via a third-party gateway; escrow options may apply

7. Payment Terms, Escrow, and Processing

All transactions are conducted through integrated third-party payment systems (e.g., Stripe). Fixetta is not a bank, escrow agent, or fiduciary. Funds may be held temporarily in escrow until milestones or project completion are verified.

Fixetta:

Is not responsible for payment processing errors or delays
Does not guarantee Contractor payment or Client satisfaction
Will not mediate disputes related to compensation unless required by law

Clients and Contractors waive any claims against Fixetta arising from failed transactions, chargebacks, or misappropriated funds.

8. Dispute Resolution Procedures

Fixetta is not a party to agreements between Users and shall not be held liable for any breach, tort, or criminal act arising from said agreements. Disputes must be resolved independently between the parties.

Fixetta may, at its sole discretion, offer informal dispute mediation. This does not constitute an obligation or admission of liability. Informal dispute resolution efforts must begin within 30 days of the issue and conclude within 45 days, unless extended by mutual written consent. All users agree not to pursue legal action against Fixetta in relation to third-party conduct.

9. User Conduct and Platform Restrictions

You agree not to:

Misrepresent your identity, qualifications, or legal eligibility
Upload malicious code, bots, or phishing mechanisms
Use the Platform to solicit, harass, defame, or intimidate
Circumvent the Platform to avoid fees or gain unauthorized access
Post illegal, discriminatory, obscene, or offensive content
Exploit the Platform for multi-level marketing, spam, or data harvesting

Violations may result in immediate suspension or termination of your account and potential legal action.

10. Platform Modifications and Availability

Fixetta reserves the right to:

Modify or terminate any portion of the Platform at any time
Conduct scheduled or emergency maintenance
Restrict access to certain features for technical, legal, or security reasons

Fixetta shall not be liable for interruptions, data loss, or inability to access the Platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, FIXETTA DISCLAIMS ALL LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR HARM TO REPUTATION.

Fixetta's total liability shall not exceed the greater of one hundred dollars ($100) or the total amount paid by you to Fixetta over the past twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fixetta, its managers, employees, agents, subsidiaries, and affiliates from all claims, liabilities, damages, costs, losses, and expenses (including reasonable legal fees) arising out of or relating to:

Your use or misuse of the Platform
Your breach of this Agreement
Any service or representation made to another User
Any violation of laws or third-party rights

13. Warranties and Disclaimers

Fixetta provides its Platform on an "AS IS," "WITH ALL FAULTS," and "AS AVAILABLE" basis. No warranties, express or implied, are made, including without limitation:

Merchantability
Fitness for a particular purpose
Non-infringement
Continuous availability or security

We do not guarantee that:

The Platform will meet your expectations
Errors or bugs will be corrected
Services offered by third-party Contractors will be safe or satisfactory

These disclaimers apply to the fullest extent permitted by law, except where prohibited by applicable consumer protection laws.

14. Termination

Fixetta reserves the right to terminate or suspend any account at any time, with or without notice, for violations of this Agreement, illegal activity, or Platform misuse.

Upon termination:

All rights granted under this Agreement shall cease
Users must immediately stop using the Platform
Fixetta may delete any user data in compliance with applicable law

15. Governing Law, Jurisdiction, and Venue

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law provisions. All disputes shall be exclusively brought in the state or federal courts located in Arlington County, Virginia.

16. Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

17. Intellectual Property Rights

All content, branding, code, logos, graphics, and design elements on the Platform are the exclusive property of Fixetta or its licensors. Users may not:

Reproduce or distribute Platform content without written permission
Reverse-engineer or attempt to extract source code
Use trademarks or trade dress without authorization

18. Third-Party Services

The Platform may contain links to or integrate with third-party services. Fixetta does not control or endorse these third-party sites and disclaims all liability related to their content, terms, and performance.

19. Communication and Notifications

By creating an account, you consent to receive service-related communications, including updates, legal notices, and promotional content via email, text, or in-app notifications. You may opt out of promotional messages at any time.

20. Data Retention and Deletion

Fixetta retains user data for as long as necessary to provide services or comply with legal obligations. Upon termination or request, Fixetta may delete or anonymize data, unless retention is required for legal, security, or dispute resolution purposes.

21. Force Majeure

Fixetta shall not be liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, pandemics, war, labor disputes, power failures, or internet outages.

22. Entire Agreement

This Agreement constitutes the entire agreement between you and Fixetta regarding use of the Platform. Any failure by Fixetta to enforce any right or provision shall not constitute a waiver of future enforcement.

23. Administrative Access and Support Assistance

Fixetta reserves the right to access any user account (Client or Contractor) in a limited administrative capacity to provide technical support, verify account information, investigate complaints, or resolve disputes. This access may include:

Logging into your account as a support administrator
Reviewing listing details, account history, and transaction status
Making temporary modifications for troubleshooting purposes

Fixetta will never change passwords or alter personal content without user consent unless required for compliance or security.

24. Inbox Oversight and Communication Monitoring

o ensure compliance with these Terms and prevent misuse of the Platform, Fixetta may monitor communications exchanged via the in-platform inbox system. This includes reviewing:

Messages between Clients and Contractors
Negotiations, pricing, or terms discussed prior to acceptance
Attempts to circumvent Fixetta’s payment system or conduct off-platform deals

All users consent to this monitoring for quality assurance, dispute resolution, and fraud prevention purposes. A banner notification will be displayed at the top of the inbox screen:

25. Anti-Circumvention and Off-Platform Deals

You agree not to:

Solicit or accept services outside the Platform to avoid transaction fees
Share personal contact information prior to formal agreement via the Platform
Circumvent Fixetta’s built-in workflow or payment mechanisms

Violations may result in account suspension, fines, or legal action. Fixetta reserves the right to audit communication and activity logs to detect such behavior.

26. Consent to Data Review for Safety and Compliance

By using Fixetta, you agree that we may review and process your data—including account activity, inbox messages, and listing behavior—for purposes including:

Fraud detection and prevention
Compliance with our Terms of Service
Safety and legal investigations

Data may be used internally or shared with legal authorities if required under applicable law.

27. Right to Investigate Suspicious Behavior

Fixetta may investigate and take appropriate action in response to:

Reports of abuse, harassment, or fraud
Allegations of off-platform transactions or misrepresentation
Any behavior that may pose risk to user safety or legal compliance

Fixetta may temporarily restrict account access, freeze transactions, or disable features during an active investigation.

28. User Agreement to Administrative Review

By registering and using Fixetta, you explicitly consent to:

Administrative access to your account for support and oversight
Inbox message review for compliance and integrity enforcement
Monitoring and audit of platform usage to detect violations

These measures are implemented solely to maintain a safe, transparent, and trustworthy environment for all users.

29. Arbitration and Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any services provided shall be resolved through binding individual arbitration in accordance with the rules of the American Arbitration Association (AAA), and not in court.

You agree that:

Arbitration shall be conducted in Arlington County, Virginia, unless both parties agree otherwise.
You waive any right to bring or participate in a class action or class arbitration.
The arbitrator shall have exclusive authority to resolve all disputes relating to interpretation, applicability, or enforceability of this arbitration agreement.

To enhance enforceability, you will be required to separately consent to this clause via a dedicated checkbox during onboarding.

This section survives the termination of your account or this Agreement.

30. Right to Modify Terms

Fixetta may revise, update, or replace these Terms at any time at its sole discretion. When material changes are made, we will notify users via email or platform notice.

Your continued use of the Platform after such changes constitutes your acceptance of the new Terms. If you do not agree, you must stop using the Platform immediately.

31. DMCA Notice and Copyright Infringement

Fixetta respects intellectual property rights. If you believe that content on our Platform infringes your copyright, please submit a written DMCA notice to our designated agent:

DMCA Agent:
Fixetta LLC – Legal Department
Email: legal@fixetta.com
Subject: “DMCA Takedown Request”

Your notice must include:

A description of the copyrighted work claimed to be infringed
A URL or description of the infringing material
Your contact information
A statement under penalty of perjury that you are the copyright owner
Your physical or electronic signature

We may remove the reported content and terminate repeat infringers’ accounts.

32. User-Generated Content License

By posting, uploading, or submitting any content to the Platform (including service listings, photos, text, or reviews), you grant Fixetta a worldwide, royalty-free, sublicensable, non-exclusive license to:

Use, reproduce, modify, distribute, publicly display, and translate your content
Promote and market the Platform using your content

This license excludes personal branding content (such as logos or trademarks) unless explicitly submitted for public marketing purposes.

33. Refunds and Chargeback Policy

Fixetta aims to ensure transparency and fairness in resolving disputes involving unsatisfactory or incomplete services. While Fixetta is not a direct party to agreements between Clients and Contractors, we will work in partnership with Stripe to evaluate refund and chargeback claims when such issues arise.

33.1 - Refund Eligibility

Clients may submit a refund request under the following conditions:

The Contractor failed to initiate or complete the agreed service
The service rendered was materially different from the agreed terms
The service caused damage, was unsafe, or negligent
The Contractor became unresponsive after receiving payment

Refunds are not guaranteed and are evaluated on a case-by-case basis. Fixetta reserves the right to deny claims that lack sufficient evidence or appear fraudulent.

33.2 - Required Evidence

To initiate a refund or chargeback review, Clients must submit the following:

A detailed written summary of the issue
At least two (2) clear photos or videos showing the disputed work or lack thereof
A copy of the original proposal or agreement (if applicable)
Date and time of the service and relevant communications

Fixetta may request additional documentation from either party to validate the claim.

33.3 - Contractor's Right to Respond

Contractors will be notified when a refund or chargeback claim is opened and will have five (5) business days to provide a response, which may include:

Photos or video evidence of completed work
Screenshots of Client approval or acceptance
Proof of materials used, time logs, or signed agreements

Failure to respond within the timeline may result in a decision made without Contractor input.

33.4 - Final Determination and Stripe Integration

Fixetta will conduct an independent review of the submitted evidence and may confer with Stripe to process a resolution.

If approved, funds may be refunded directly to the Client through Stripe's refund interface
If denied, Fixetta will notify both parties with justification and retain payment as agreed

Stripe’s decision may be final in the event of a formal chargeback, and Fixetta disclaims liability for any losses resulting from Stripe’s dispute resolution outcome.

33.5 - Limitations and Exclusions

Refunds will not be issued for:

Client dissatisfaction based on subjective quality expectations
Change of mind or scope change after service initiation
Pre-existing property conditions not disclosed to the Contractor
Off-platform or cash-based transactions

Fixetta does not guarantee recovery of funds in cases involving off-platform arrangements or unauthorized deals.

33.6 - Fraudulent or Abusive Claims

Fixetta reserves the right to ban, suspend, or restrict any account found to be submitting fraudulent or abusive refund requests. This includes:

Submitting falsified photos
Filing duplicate claims across platforms
Coordinated chargeback abuse
Refusing communication while demanding refund

Violators may be reported to legal authorities and blocked from further use of the Platform.

34. Privacy Compliance and Data Subject Rights

Fixetta is committed to protecting user privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) where applicable.

34.1 - Data Subject Rights

Users may request the following by contacting support@fixetta.com:

Access to their personal data
Correction of inaccurate data
Deletion of their account and data (subject to legal retention requirements)
A copy of their data in a machine-readable format
Objection to the processing of their data under certain conditions

Fixetta will respond within the legally required time frame (typically 30 days).

34.2 - Cookie and Tracking Policy

Fixetta may use cookies, analytics, and similar tracking technologies for:

Session management and platform performance
Fraud detection and abuse prevention
Marketing or retargeting purposes (with opt-in/opt-out choices)

Users can manage cookie settings through their browser or our Platform’s cookie consent tool.

35. Accessibility Statement

Fixetta strives to make its Platform accessible to all users, including those with disabilities.

We aim to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
Feedback regarding accessibility can be submitted to support@fixetta.com
Reasonable accommodations may be made upon request to support inclusive access

36. Trust Badge and Contractor Verification Tiers

To enhance trust between Clients and Contractors, Fixetta may offer tiered verification badges, which are visible on Contractor profiles.

36.1 - Badge Tiers

Basic Badge – Profile completed with no verification
Verified Badge – Government ID and insurance uploaded and confirmed
Certified Badge – Licenses verified and background check (optional) passed

Contractor participation in badge programs is optional. Verification badges are not guarantees or warranties of performance or legality.

36.2 - Revocation of Badge Status

Fixetta may revoke or suspend badges at any time due to:

Expired or invalid documentation
Reports of misconduct or fraud
Failure to maintain insurance or licensing obligations

Fixetta does not guarantee real-time accuracy of badge status.

37. Off-Platform Incident Liability Disclaimer

Fixetta disclaims any liability for incidents, disputes, or harm arising from:

Services arranged outside of the Fixetta Platform
Payments made via cash or third-party apps
Communication through external channels (e.g., phone, SMS, WhatsApp)

Users engage in off-platform transactions at their own risk and may be permanently banned for such conduct.

38. Government and Law Enforcement Cooperation

Fixetta will cooperate with law enforcement and regulatory bodies when required by law. This may include disclosing:

User identity and transaction data
Account history and communication logs
IP address or geolocation data (if stored)
Any data necessary to comply with subpoenas, court orders, or regulatory inquiries

Users waive all claims against Fixetta for such disclosures made in good faith.

39. Survival of Key Provisions

The following sections will survive termination of this Agreement:

Section 11 – Limitation of Liability
Section 12 – Indemnification
Section 29 – Arbitration and Class Action Waiver
Section 32 – User-Generated Content License
Section 33 – Refunds and Chargeback Policy
Section 34 – Privacy Compliance and Data Rights

All other provisions which, by their nature, should survive termination shall do so.

40. Contractor Employment Status Acknowledgment

All Contractors explicitly acknowledge and agree that:

They are operating as independent service providers, not employees, partners, or agents of Fixetta.
They are not entitled to unemployment insurance, health benefits, workers’ compensation, or any employment-related protections under Fixetta.
They are solely responsible for all tax obligations, licenses, insurance, and legal compliance associated with their services.

Fixetta shall not be liable for any claims, wages, or benefits that arise from misclassification allegations.

41. Limited Obligation to Monitor Content or Activity

While Fixetta may moderate Platform content or user activity for trust and safety purposes, we do not undertake an obligation to:

Monitor all messages, listings, or transactions
Detect all forms of abuse, fraud, or misconduct

Fixetta disclaims all liability arising from content or conduct not actively reviewed or removed, and Users acknowledge that some harmful activity may occur despite safety protocols.

42. Waiver of Jury Trial and Class Action (Enhanced Clause)

By agreeing to these Terms, you knowingly and voluntarily waive the right to:

A trial by jury
Participation in a class action, class arbitration, or any representative legal proceeding

This waiver applies to all disputes between you and Fixetta relating to Platform use, services rendered, or any claims arising under these Terms. It is binding and enforceable even after your account is closed or terminated.

43. Discretion to Remove User-Generated Content

Fixetta reserves the right—but not the obligation—to:

Remove, edit, or restrict content that violates these Terms, laws, or public safety standards
Take enforcement action on listings, messages, or profiles that appear fraudulent, defamatory, offensive, or dangerous

No refund or compensation shall be provided for content removed under this provision. Fixetta’s decision in such matters shall be final.

44. Terms Acceptance and Checkbox Consent

By registering for a Fixetta account or using the Platform, you agree to these Terms of Service in full. During account creation or continued use, you may be prompted to confirm your agreement by checking a box or tapping a button labeled:

“I have read and agree to the Fixetta Terms of Service and Privacy Policy.”

This action shall constitute a legally binding digital signature, including your explicit consent to arbitration, waiver of jury trial, and content monitoring practices.

Contact

If you have questions or concerns regarding these Terms, you may contact us at:

📧 support@fixetta.com

Thank you for using Fixetta. Your use of our platform signifies your full acceptance of these Terms.