Terms of Use for FixIQ Pro

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND THE FIXIQ PRO SOFTWARE.

These terms of use (hereinafter referred to as the “Terms of Use”) constitute a legally binding agreement between Limpid international LLC, a legal entity registered and existing under the laws of the United Kingdom with registration number 13884158 and registered address at 27 Old Gloucester Street, London, WC1N 3AX (hereinafter referred to as “FixIQ Pro”) and you (whether as an individual or a legal entity), governing the use of our website located at fixiq.pro (hereinafter referred to as the “Website”) and the software “FixIQ Pro” as defined in Section 1.1 of these Terms of Use (hereinafter referred to as the “Software”), accessible through the Website.

These Terms of Use establish the general terms and rules applicable to every visitor or user of the Website or Software and/or various services, applications, and features offered by us, unless otherwise expressly stated by us.

These Terms of Use constitute a legally binding agreement between FixIQ Pro and you regarding the use of the Website and Software, so please read them carefully!

Your proper acceptance of this offer shall be deemed to be the performance of the following actions: marking the checkbox under the heading “I accept the terms of the user agreement” in the registration form and/or actually installing the software over the Internet on the Website https://fixiq.pro and/or through the mobile application “FixIQ Pro.”

Please note that if you do not agree to these Terms of Use, you should exit this Website and not use the Software.

By using the Website and/or Software, you also acknowledge that you have read our Privacy Policy, as provided in the section fixiq.pro/privacy-policy/.

1. DEFINITIONS

1.1. “FixIQ Pro Software” or “Software” is software in the form of SaaS (Software as a Service) designed for automating the business processes of companies providing services. The main functions of the Software include:

1. CRM system for small and medium-sized businesses,

2. Order planning and management,

3. Inventory management and control,

4. Employee management,

5. Payroll,

6. Management accounting,

7. Retail sales control,

8. Automatic notifications for clients and employees,

9. Service center/repair shop management system.

10. Customer database storage,

1.2. “SaaS” (Software as a Service) is a software distribution model in which the provider hosts the application and makes it available to customers over the Internet.

1.3. “Registration” means filling out the Registration Forms on the Website and providing your email address, phone number password, and other necessary information. After Registration, you become a registered user of the Software.

1.4. “Registration Forms” are sets of fields on the Website that you must fill out during registration for the Software.

1.5. “Login” is your email address or phone number that you enter in the respective field of the Registration Form.

1.6. “Password” is a unique sequence of characters that you enter in the respective field of the Registration Form and subsequently use with your Login to identify yourself to the Software.

1.7. “User Account” is a established means of communication between you as a registered user of the Software and the Software for your authentication with the Software and obtaining necessary access to the Software’s resources. The User Account includes your username, login, password, and other information used to identify you as a registered user for the purpose of using the Software.

1.8. “User Data” is any data, information, or materials created, provided, submitted, or uploaded by you during the use of the Software, excluding your personal data provided during the filling out of the Registration Forms. For more detailed information on how we process personal data, please read our Privacy Policy published at fixiq.pro/privacy-policy/. Except as otherwise expressly provided in these Terms of Use, FixIQ Pro will not have access to, monitor, view, use, publish, reproduce, or disclose any User Data.

1.9. “Trial Period” is a predetermined period during which the Software is provided to you free of charge for evaluation (trial) use.

1.10. “Subscription Period” is a predetermined prepaid period of time, not less than one calendar month, during which you can use the Software.

1.11. “Subscription Scope” is the prepaid number of end-users who can use the Software on behalf of your organization during the subscribed period.

1.12. “Subscription Cost” is the established price for using the Software, as indicated in the Pricing Schedule published at fixiq.pro/pricing/ and is an integral part of these Terms of Use.

1.13. “Territory” for using the Software is all countries of the world, except countries with trade and other restrictions under applicable law.

1.14. “Purpose” of using the Software is for internal use of your business activity.

1.15. “Recurring Payment” is a payment made automatically using a saved payment method through https://payproglobal.com.

2. SUBJECT OF THE AGREEMENT

2.1. Subject to the terms and conditions specified in these Terms of Use, FixIQ Pro grants you an exclusive non-transferable right to use the Software and Website within the Territory and for the Purposes defined in these Terms, and you agree to use the Software and Website as provided herein and pay the Subscription Fee for such usage.

2.2. Your full and unconditional acceptance of these Terms of Use is achieved through your registration.

IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, AS STATED ABOVE, FIXIQ PRO DOES NOT WISH TO GRANT YOU THE RIGHT TO USE THE SOFTWARE; IN SUCH CASE, YOU SHOULD SELECT THE “I DO NOT AGREE” OPTION AND/OR PRESS THE “CANCEL” BUTTON, WHICH WILL RESULT IN THE INABILITY TO COMPLETE THE REGISTRATION PROCESS.

2.3. All rights not specifically granted in these Terms of Use are retained by FixIQ Pro and/or its third-party licensor(s). These Terms of Use do not grant you any rights to Intellectual Property related to the Software or rights to any trademarks of FixIQ Pro.

2.4. These Terms of Use may be amended over time. Any amendments to these Terms of Use (amended Terms of Use) become effective immediately upon their publication on the Website, unless otherwise specified in these Terms of Use. Your access to the Website and its viewing, or your access and use of the Software (or its parts) after such changes indicate your agreement with the amended Terms of Use. Therefore, you should regularly review these Terms of Use.

2.5. Your failure to comply with or use the Software beyond the scope of these Terms of Use gives FixIQ Pro the right to terminate your access and use of the Website and/or Software.

3. USE OF THE SOFTWARE

3.1. You must use the Software exclusively for the Purposes, only within the Territory, during the Trial Period and/or Subscription Period, and within the Scope of the subscription.

3.2. The right to use the Software commences:

   1. from the moment of your registration – for the Trial Period,

   2. from the moment of payment of the Subscription Fee – for the Subscription Period.

3.3. The right to use the Software terminates:

   1. at the end of the Trial Period if you decide not to continue with a paid subscription;

   2. upon the expiration of the Subscription Period if you do not renew your subscription;

   3. in the event of the termination or suspension of these Terms of Use by FixIQ Pro in accordance with Section 9;

   4. in the event of your violation of these Terms of Use.

3.4. During the Trial Period, you are granted a limited, non-transferable, non-exclusive right to use the Software solely for evaluation purposes. The Trial Period is provided free of charge, and FixIQ Pro may impose certain restrictions or limitations on the functionality or access to the Software during this period. You are prohibited from using the Software for any commercial purposes during the Trial Period.

3.5. During the Subscription Period, you are granted a limited, non-transferable, non-exclusive right to use the Software for the Purpose, subject to payment of the Subscription Fee and compliance with these Terms of Use.

4. PRICES AND PAYMENTS. REFUND POLICY

4.1. Prices and Payments

4.1.1. To use the Software (excluding usage during the Trial Period), you must pay the Subscription Fee in the amount and according to the payment method specified in the Pricing Schedule published at fixiq.pro/pricing/.

4.1.2. Upon the expiration of the Subscription Period, the functionality of the Software will no longer be available or will be restricted until you make payment to renew your subscription.

4.1.2.1. If you make payment after the expiration of the Subscription Period, the payment date is considered the date of renewal and the start of a new Subscription Period.

4.1.2.2. If you make payment before the expiration of the Subscription Period, the date following the last day of your subscription is considered the start of a new Subscription Period.

4.1.3. Payments are considered made on the date when the funds are credited to the account of FixIQ Pro.

4.1.4. All fees imposed by banks and/or other financial institutions/third parties during the payment process shall be borne by the payer.

4.1.5. If the currency of your bank account or payment system differs from the currency in which the Software prices are set, all currency exchanges will be conducted at the exchange rate of your bank or payment system.

4.1.6. FixIQ Pro may change prices and payment methods at its discretion at any time. Therefore, you should regularly review the prices and payment methods in the Pricing Schedule published at fixiq.pro/pricing/.

4.2. Refund Policy

4.2.1. FixIQ Pro guarantees you the possibility of a full refund of the funds paid as the Subscription Fee for the first Subscription Period within 14 (fourteen) calendar days from the payment date by sending an email requesting early termination of these Terms of Use and refund of the paid funds as an advance payment from the registered email address of the User to the email address of the Licensor: help@fixiq.pro. After 14 (fourteen) calendar days from the payment date, no refunds for services provided and used will be made.

4.2.2. Under the conditions specified in clause 4.2.1, FixIQ Pro will review your request for early termination of these Terms of Use and refund of prepaid funds and will return the money to your account from which the funds were paid within thirty (30) calendar days from the date of receiving the request.

4.2.3. In any case, unless explicitly stated otherwise, payments for SMS services are non-refundable.

4.2.4. A refund of payment means the early termination of these Terms of Use, and accordingly, your use of the Software will be terminated.

4.2.5. Please note that some services purchased using the Software may not be eligible for refunds. These include third-party Services. You are solely responsible for verifying the possibility of canceling third-party services before purchasing them. FixIQ Pro will not refund any amounts paid for Paid services, applications, or third-party services that are not eligible for a refund.

4.3. Recurring Payment

4.3.1. Recurring payment is made if the User chooses to pay the Subscription Fee with a credit card.

4.3.2. Recurring payment is activated by the User automatically upon the first payment. In the future, the User will continue to make recurring payments and extend the Subscription Period that corresponds to the last day of the previous paid Subscription Period.

4.3.3. The User can manage the settings of recurring payments (activate, deactivate, change the Subscription Period, and other options) in the Software settings.

4.3.4. The User will make a recurring payment and extend the Subscription Period according to the settings of the recurring payment on the last day of the previous Subscription Period paid by the User.

4.3.5. If FixIQ Pro fails to make a recurring payment using the saved payment method, and the User does not make the payment manually before the expiration of the paid Subscription Period, a Cooling-off Period begins during which FixIQ Pro attempts to make a recurring payment. In any case, unless explicitly stated otherwise, recurring payments are non-refundable. The procedure for enabling and disabling recurring payments is described in section 4.3 of these Terms of Use.

4.3.6. By accepting these Terms of Use and paying for the first Subscription Period, you acknowledge and agree to make Recurring Payments under the conditions outlined above.

4.3.7. Regardless of any discrepancies with the provisions outlined above, you bear sole responsibility for verifying and ensuring the successful renewal of the Subscription Period. Thus, you acknowledge and agree that you have no claims against FixIQ Pro regarding the termination of the Software for the reasons specified in this section.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. FixIQ Pro has the right to:

5.1.1. Modify the Software at any time at its discretion, including all resources and materials available on the website;

5.1.2. Take any of the following actions at its discretion:

1. Suspend your Login and Password;

2. Delete any user data that belongs to you;

3. Reject any user data that you attempt to upload to the Software;

4. Permanently terminate your access and use of the Software if FixIQ Pro determines, in its sole discretion, that you engage in or intend to engage in any activity that violates your obligations under Sections 5.3 or 5.4 of these Terms of Use, or any activity aimed at disrupting the operation of the Software, or any activity aimed at publishing information that violates these Terms of Use and/or applicable laws or contains false information and undermines the reputation of FixIQ Pro, or any other activity that harms FixIQ Pro or other users by providing other users with the actions mentioned above;

5.1.3. Terminate your access and use of the Software at any time without prior notice for the following reasons, including but not limited to: performing technical maintenance, circumstances beyond the reasonable control of FixIQ Pro, malfunctions of third-party software or hardware, or malicious actions of third parties aimed at disrupting the operation of the Software;

5.1.4. Add new features to the Software, delete existing features, or modify the design of existing features at its discretion;

5.1.5. Delete user data one (1) year from the date of the expiration of your right to use the Software;

5.1.6. Disclose user data in response to requests from law enforcement or other regulatory agencies or in response to a court summons or other legal process. FixIQ Pro may disclose your user data if it deems it necessary or appropriate to:

1. Comply with applicable laws, including laws outside your country of residence;

2. Respond to requests from public and government authorities and other bodies, including such bodies outside your country of residence;

3. Protect the rights of FixIQ Pro and/or your rights or the rights of other individuals, including cases of fraud and violations of intellectual property rights;

4. Comply with careful legal practices as determined by FixIQ Pro and applicable laws or legal procedures;

5. Limit the damages that FixIQ Pro may incur;

6. To ensure the provision of the Software to you;

5.1.7. Publish advertisements and any other content on the Website and/or the Software in accordance with applicable law;

5.1.8. Request any information confirming your compliance with these Terms of Use and/or information necessary for the proper execution of these Terms of Use.

5.1.9. FixIQ Pro has the right to provide the Software in alternative plans at different price categories and set different restrictions on the downloading, storage, transmission of information, and the use of the Software in each such plan, including network traffic and bandwidth limitations, content size and/or volume, quality and/or format, source, download time, number of subscribers, etc.

5.2. FixIQ Pro undertakes to:

5.2.1. Ensure daily uninterrupted access to the Software, except as provided herein;

5.2.2. Take all possible measures to ensure the confidentiality and security of User Data in accordance with these Terms of Use and the Privacy Policy;

5.2.3. In case of malfunctioning of the Software due to the fault of FixIQ Pro, rectify the malfunctions within a reasonable period;

5.2.4. Perform technical maintenance at the most convenient time for you – at night and on weekends;

5.2.5. Regularly back up your data and information.

5.3. You have the right to:

5.3.1. Use the Software in accordance with these Terms of Use;

5.3.2. Upload any User Data created by you during the use of the Software before it is automatically deleted by the Software in accordance with clause 5.1.5 of these Terms of Use;

5.3.3. Cancel your subscription at any time by contacting FixIQ Pro. If you cancel your subscription, you will be able to continue using the Software until the end of the paid Subscription Period. All payments are non-refundable, except as provided in clause 4.2 of these Terms of Use;

5.3.4. Terminate these Terms of Use in accordance with the procedure specified in clause 4.2 of these Terms of Use;

5.3.5. Seek technical assistance and support during the Subscription Period;

5.3.6. Notify FixIQ Pro, by writing to the email address specified in clause 9.9 of these Terms of Use, if you discover any information that violates applicable law or your rights under this law, or any information that is offensive or defamatory to you or harmful to you.

5.4. You undertake to:

5.4.1. Register in the Software by filling out Registration Forms and providing truthful information therein. FixIQ Pro is not responsible for any violation of these Terms of Use due to your provision of incorrect information on the Registration Forms;

5.4.2. You are solely responsible for maintaining the confidentiality of your Password and for any actions taken under your Login and Password. You must immediately notify FixIQ Pro of any unauthorized access to the Software under your Login and Password and/or any other security breach that you discover;

5.4.3. You are responsible for the accuracy, quality, integrity, legality, reliability, ownership of intellectual property rights, and the right to use all of your User Data and any data sent by you to the Software. You comply with, and will be fully responsible for, any violation related to your use of your User Data, including those related to data protection, international communication, and the transfer of technical or personal data. You agree to protect, indemnify, and hold harmless FixIQ Pro and its affiliated companies, subsidiaries, directors, officers, employees, agents, and representatives from any claims, actions, procedures, expenses, liabilities, losses, costs, and expenses, including attorney’s fees, related to the uploading or use of your User Data.

5.4.4. Pay the Subscription Fee in the specified amount and within the timeframes provided here. FixIQ Pro is not responsible for suspending your access to the Software due to delayed payment;

5.4.5. Regularly review these Terms of Use, as well as the Payment Schedule and Privacy Policy. Your continued use of the Software (or any of its parts) after any changes to these Terms of Use signifies your acceptance of the modified Terms of Use.

5.4.6. Fully comply with all applicable laws and any other contractual terms that govern your use of the Software (and any related actions or transactions), including specific legal provisions that apply to you in any geographic location.

5.4.7. Assume personal responsibility for any use of the Software that occurs through your User Account, as well as for any Content (including any consequences associated with accessing, importing, downloading, copying, using, or publishing such Content).

5.4.8. Periodically receive advertising materials and notifications from FixIQ Pro or its partners by mail, email, or any other chosen method (including phone calls or text messages). If you do not wish to receive such advertising materials or notifications, please inform us at your convenience.

5.5. You certify and warrant that:

5.5.1. You are at least thirteen (13) years of age or sixteen (16) years of age if you reside within the European Union (EU), or you have reached the legal age in your jurisdiction and have the lawful authority, rights, and freedoms to accept the Terms of Use and enter into an agreement that has mandatory legal force on your own behalf or on behalf of a natural or legal person for whose interests you are accepting the Terms of Use.

5.5.2. You are not a resident of any country or region and will not use or distribute the Software in a country or region subject to comprehensive or local embargoes. You also confirm that you are not included on any sanctions list, including without limitation, any designated list of individuals and entities, or any other applicable sanctions list maintained by the EU, the United Kingdom, and other countries, and that 50% or more of your business is not, directly or indirectly, owned or controlled in aggregate by a Sanctioned Party. Additionally, you confirm that you will not use or distribute the Software or the Website directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify FixIQ Pro for all losses, including without limitation, monetary fines and legal fees, it may incur if you breach any of the foregoing representations regarding your non-sanctioned status.

5.5.3. You certify that you possess all necessary rights to all content uploaded, created, or provided by you or imported, connected, copied, or uploaded using the Software, including all designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPI, API, databases, illustrations, compositions, works of art, interfaces, usernames, information provided for creating a subdomain name, texts, literary works, and all other materials (“Content”), or otherwise have (and will continue to have) full authority, ownership rights, licenses, consents, and power concerning the User Content necessary for lawful access, import, copy, use, connection, development, publication, transmission, or licensing of such User Content by you, us, or any of our partners.

5.5.4. You have (and will continue to have in the future) ownership rights, documents evidencing those rights, licenses, permissions, and authorizations for the Content that allow the Software to access any websites, pages, and/or other online resources for the purpose of importing, copying, displaying, downloading, transmitting, and/or otherwise using the Content.

5.5.5. You have obtained all consents and permissions required by applicable law regarding the posting, transmission, and publication of any personal information and/or images or photos of any natural or legal person that are part of the Content, and you will comply with all applicable legal requirements.

5.5.6. The Software also includes certain features that enable the sale of goods and services (“User Goods,” collectively with the Software, “E-commerce”). You are solely responsible for your User Goods and E-commerce-related activities, as well as for all promotional campaigns and associated content contained or referenced by you, and for compliance with all applicable legal provisions. We only provide the Software for managing online commercial activities. We do not participate in your relationships and/or any transactions with actual or potential purchasers of your User Goods.

5.5.7. By using E-commerce features, you confirm, warrant, and agree that:

1. You are solely and fully responsible for the payment of all taxes and levies of any nature related to your online commercial activities, including all taxes related to the purchase or sale of User Goods; you will collect the necessary amounts, report them, and remit the amounts to the relevant authorities and/or inform End Users as required by law.

2. You are responsible for and will pay all costs associated with the purchase and delivery of your User Goods, as well as for their safe and professional supply in accordance with industry standards.

3. You are solely responsible for any statements and promises you make, as well as for assistance, warranties, and support for User Goods; you must provide accurate contact information on the User Platform for submitting questions, complaints, or claims.

4. You do not have the right to offer or sell User Goods or provide any information, Content, or materials related to User Goods that may be considered dangerous, counterfeit, stolen, fraudulent, offensive, or indecent; are prohibited from sale, distribution, or use; otherwise violate applicable law, including consumer protection laws, intellectual property rights, privacy rights, product safety, trade rules, and sanctions, technical support, service, and export regulations.

5. In the event of a breach of these Terms of Use, FixIQ Pro may suspend or disable access to the Software and/or User Goods or remove them at any time in its sole discretion, regardless of whether the Goods were embedded, published, or hosted within the Software, and FixIQ Pro shall not be liable to you or End Users, including for any loss of functionality resulting from such actions.

5.6. You agree and undertake not to engage in the following actions:

5.6.1. Copy, modify, create derivative products, upload, adapt, process, emulate, transfer to other resources, translate, compile, decompile, disassemble the Website and/or Software (or any part thereof), any content offered by FixIQ Pro, and/or publicly reproduce, display, transmit, or distribute it in whole or in part without prior special written consent from FixIQ Pro.

5.6.2. Send, transmit, or display any Content in a context that may be considered defamatory, disparaging, indecent, causing annoyance, threatening, inciting, or offensive, racist, demeaning, fraudulent, or otherwise violating the rights of FixIQ Pro and/or third parties (including any intellectual property rights, confidentiality, contractual, or fiduciary rights) or portraying any person, organization, or brand in a negative or derogatory light without their prior clear approval.

5.6.3. Use any unlawful actions to collect user names and/or passwords for the owners of other websites, third parties, software providers, or services.

5.6.4. Obtain through phishing, collect, upload, or otherwise gain access to credit card information or other forms of financial data used for payment collection if not done in accordance with specific laws, including PCI DSS standards.

5.6.5. Upload, input, collect, or otherwise provide through the Website or Software (or a particular service) access to any content that may be considered malicious, illegal, defamatory, or indecent.

5.6.6. Publish and/or use the Software on websites or media, networks, or systems provided by other persons, and/or create frames, post external links, perform “screen scraping” of pages, create mirror sites and/or create a browser or border environment around or using the Website or Software without prior direct written permission from FixIQ Pro.

5.6.7. Use robots, web crawlers, or other automatic devices, programs, scripts, algorithms, methodologies, or similar or equivalent manual processes to obtain access, purchase, copy, or track any part of the Software or in any way reproduce or bypass the navigation structure or representation of the Website and/or Software to obtain or attempt to obtain any materials, documents, services, or information in ways not provided by FixIQ Pro for public access.

5.6.8. Engage in actions that may damage the reputation and prestige of FixIQ Pro or cause distrust.

5.6.9. Purchase search queries and other keywords on a pay-per-click basis (e.g., through Google Ads) or domain names that use the name or marks of FixIQ Pro and/or their variations, including with mistakes.

5.6.10. Falsely claim or otherwise provide inaccurate information about your relationship with any natural or legal person, make false statements or testify that FixIQ Pro or any third party endorses your identity, ownership of the Software, or confirms any of your statements.

5.6.11. Make reverse requests, track or attempt to track other Users or otherwise interfere with or violate the privacy rights and other rights of Users, obtain or collect personal information about visitors or Users of the Website and/or Software without their direct and informed consent.

5.6.12. Disable, bypass by fraudulent means, or otherwise evade measures aimed at preventing or limiting access to the Website, Software, User accounts, other users, and any other systems or networks connected to the Website and/or Software through hacking, password guessing, or other illegal or prohibited actions.

5.6.13. Measure, scan, or test the vulnerability of the Software or any network connected to the Software.

5.6.14. Upload viruses, worms, trojans, time bombs, web bugs, spyware or hacker tools, other computer codes, files, or programs that may interfere with or damage the operation of hardware, software, or telecommunications equipment, or other actually or potentially harmful, destructive, or aggressive codes or components to the Website and/or Software, or use the Website and/or Software to develop, design, distribute, and/or otherwise transmit or reproduce any of the above.

5.6.15. Take actions that unreasonably or disproportionately load FixIQ Pro’s infrastructure, systems or networks connected to FixIQ Pro, or otherwise disrupt and interfere with the operation of the Website and/or Software, or servers and networks on which they are hosted or made available, or violate the requirements, procedures, policies, or terms of use established by such servers or networks.

5.6.16. Use the Website and/or Software to distribute spam, unsolicited emails, fraudulent messages, phishing, “chain letters,” “pyramid schemes,” or otherwise engage in unethical marketing or advertising activities.

5.6.17. Access the Website and/or Software, User accounts, or User Content using any means or technologies (such as scraping and crawling) other than the publicly provided interfaces.

5.6.18. Sell, license, or use for any commercial purposes or for access to the Website and/or Software, except as expressly permitted by the Terms of Use.

5.6.19. You acknowledge and agree that your failure to comply with any of the above provisions or providing false information may result in the immediate termination of your User account without prior notice to you and without any refund of fees paid by you.

6. LIMITATION OF LIABILITY

PLEASE CAREFULLY READ THIS SECTION. THIS SECTION LIMITS FIXIQ PRO’S LIABILITY TO YOU FOR MATTERS THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SOFTWARE.

6.1. FixIQ Pro does not provide you with internet access or any equipment or software necessary for internet connectivity, and FixIQ Pro is not responsible for the quality of your internet connection or the quality of equipment or software you use to connect to the internet. FixIQ Pro is not responsible for any failure or other issues in telephone networks or software, computer systems, servers, providers, equipment, or telecommunication equipment software, or for any failure in the operation of email software and scripts, regardless of how they were caused.

6.2. You acknowledge that your information will be transmitted over an unprotected public computer network, and FixIQ Pro is not responsible for the loss of information transmitted in this manner.

6.3. FixIQ Pro is not liable for any delay, malfunction, omission, or late delivery, deletion, or loss of any of your User Data.

6.4. FIXIQ PRO DOES NOT PROVIDE AND DOES NOT WARRANT THAT:

1. YOUR USE OF THE SOFTWARE WILL BE SAFE OR ERROR-FREE, AND THE SOFTWARE WILL WORK IN COMBINATION WITH ANY OTHER EQUIPMENT, SOFTWARE, SYSTEM, OR DATA;

2. ANY ERRORS OR DEFECTS WILL BE CORRECTED;

3. THE SOFTWARE OR SERVER(S) THAT PROVIDE THE OPERATION OF THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.5. THE SOFTWARE IS PROVIDED BY FIXIQ PRO ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, LEGAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6.6. IN NO EVENT SHALL FIXIQ PRO BE LIABLE FOR ANY BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION OF ANY KIND, BUSINESS OR OTHER LOSSES, OR FOR LOSS OF PROFITS OR REVENUES, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO AND USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXIQ PRO’S TOTAL LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT, EQUIVALENT TO THE SUBSCRIPTION FEE PAID BY YOU FOR THE CURRENT (LAST) MONTH OF THE SUBSCRIPTION.

6.7. To the extent permitted by law, all conditions, warranties, representations, or other terms which may apply to the use of the Software are hereby excluded.

6.8. In no event shall FixIQ Pro, and any of its officers, directors, employees, agents, representatives, subsidiaries, partners, licensees, or other persons involved in creating, sponsoring, promoting, or otherwise making the Software available, be liable or assume any obligation for:

1. direct, indirect, incidental, special, or punitive damages arising out of your use or inability to use the Software (including, but not limited to, reliance on any content displayed on the Website, including any feedback and opinions appearing on the Website);

2. any inaccuracies, errors, or omissions in any information available on the Website;

3. any viruses, information, software, related websites, products, and software obtained through the Website; or otherwise arising out of access to, display, or use of the Software.

6.9. FixIQ Pro is not obligated to review any materials or information you may create, upload, or send by email or other means during your use of the Software.

6.10. FixIQ Pro does not guarantee that such materials or information will be accurate, reliable, complete, timely, or of high quality, or that they will meet your needs and requirements. FixIQ Pro is not responsible for such materials or information.

6.11. FixIQ Pro is not responsible for any User Data uploaded by you and/or other users of the Software.

6.12. You agree to defend, indemnify, and hold harmless FixIQ Pro, its officers, directors, shareholders, employees, affiliates, and agents from any claims, liabilities, damages, and expenses (including attorney’s fees) arising out of or resulting from: (1) your violation of any provisions of these Terms of Use; (2) your violation of the rights of third parties, including copyright, access rights, property rights, or privacy rights, as a result of your use of the Software, including actions of the Software taken on your behalf; and/or (3) any other claims arising out of causing harm to third parties through your use of the Software.

7. COPYRIGHTS AND TRADEMARKS

7.1. All materials available on the Website, the appearance, organization, and structure of the Website and the Software are subject to trademarks, copyrights, database rights, and other registered and unregistered intellectual property rights owned or directly licensed by FixIQ Pro or its licensors, suppliers, or providers.

7.2. All trademarks of FixIQ Pro are the intellectual property of FixIQ Pro and are provided solely for reference. FixIQ Pro does not grant you any rights to use these trademarks.

7.3. The Software may contain links to other websites or services (“Linked Sites”) or integrations with other services solely for the convenience of Users. Additionally, FixIQ Pro makes no warranties regarding any information, materials, products, services, or policies (including privacy and cookies policies) available on or accessible through Linked Sites. YOUR ACCESS TO AND USE OF LINKED SITES, INCLUDING INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND POLICIES AVAILABLE ON OR THROUGH LINKED SITES, ARE SOLELY AT YOUR OWN RISK.

7.4. No intellectual property rights belonging to FixIQ Pro (including, but not limited to, the Software and any patents, trademarks, or copyrights of FixIQ Pro) are transferred to you under these Terms of Use. You are not entitled, in any way, during or after the expiration of these Terms of Use, to use or claim any rights to any name, logo, trademark, image, or design owned by FixIQ Pro or similar to them.

7.5. No intellectual property rights belonging to you are transferred to FixIQ Pro under these Terms of Use.

7.6. The Software contains valuable trade secrets and confidential information owned by FixIQ Pro and third parties and is protected by international agreements and/or applicable laws.

7.7. All titles and rights to content not contained in the Software but made accessible through the use of the Software are owned by the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties. These Terms of Use do not grant you any rights to such intellectual property.

7.8. If you submit any proposals, comments, or other feedback regarding the Software that are or may be subject to intellectual property rights (“Feedback”), such submissions shall exclusively belong to FixIQ Pro. By providing such Feedback to FixIQ Pro, you acknowledge and agree that this information may be used by FixIQ Pro for: (i) further developing, improving, and enhancing FixIQ Pro services, (ii) providing continuous assistance and technical support, (iii) sending you general or personalized messages and/or conducting surveys based on your feedback or for other reasons, (iv) promoting, sponsoring, and providing information about promotions and tracking their effectiveness, (v) collecting comprehensive statistical data and other insights that FixIQ Pro may use to provide and improve its services, (vi) enhancing data protection capabilities of FixIQ Pro and preventing fraud, and (vii) complying with applicable laws and rules. Additionally, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on the rights of third parties; (2) irrevocably grant FixIQ Pro any rights concerning such Feedback; and (3) categorically and irrevocably waive any claims related to past, present, or future non-pecuniary or other similar rights to this Feedback in any country worldwide.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. These Terms of Use are subject to and will be construed and interpreted in accordance with the laws of England, without reference to principles of conflict of laws, and are subject to the exclusive jurisdiction of the courts of England.

8.2. It is hereby specified that the United Nations Convention on Contracts for the International Sale of Goods is excluded to the extent and in the manner it applies to these Terms of Use.

8.3. Disputes between the Parties shall be resolved in accordance with the procedures established by the laws of England.

8.4. In any case, the Parties shall endeavor to settle all possible disputes and disagreements that may arise under or in connection with these Terms of Use through negotiations.

9. MISCELLANEOUS

9.1. Personal Data:

You agree and confirm that the use of any personal data you provide or that may be collected by FixIQ Pro from you in connection with the Software is governed by the FixIQ Pro Privacy Policy, which is published at fixiq.pro/privacy-policy/. These Terms of Use do not apply to the processing of personal data.

9.2. Transfer of Rights and Responsibilities:

FixIQ Pro may transfer and delegate any of its rights and obligations under these Terms of Use to a third party at any time without notice to you and without your consent.

9.3. Indemnification:

You agree to defend, indemnify, and hold FixIQ Pro and its affiliated companies harmless from any actual or threatened third-party claims arising out of or based on:

1. Your use of User Data;

2. Your negligence or intentional breaches;

3. Your violation of these Terms of Use;

4. Any violation by individuals acting on your behalf and using the Software with your Login and Password.

You agree to pay:

1. All damages, costs, and attorney’s fees incurred by FixIQ Pro in connection with any such proceeding under this section;

2. All expenses incurred reasonably by FixIQ Pro in connection with defending against such a claim (except attorneys’ fees and expenses incurred without your consent after you have assumed the defense of such a claim);

3. If any proceeding arising out of this section is settled, you will pay all amounts agreed by you in the settlement of any such claims.

The provisions of this section shall survive the termination of your use of the Software or the expiration of your Subscription Period.

9.4. Force Majeure:

FixIQ Pro shall not be liable or deemed to be in breach or default of its obligations under these Terms of Use due to any delay or failure caused by any cause or condition beyond FixIQ Pro’s reasonable control.

9.5. Waiver of Rights:

Failure by either Party to enforce any provision of these Terms of Use shall not be construed as a waiver of such provision, unless accompanied by a clear written statement of such waiver. The waiver of any default hereunder or of any of the terms and conditions of these Terms of Use shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Except as specifically provided in these Terms of Use, the exercise of any right or remedy provided in these Terms of Use shall be without prejudice to the right to exercise any other right or remedy provided by law or equity.

9.6. Severability:

If any provision of these Terms of Use is held to be invalid, unenforceable, or illegal, such provision shall be applied to the maximum extent permitted by applicable law, and the validity, enforceability, and legality of the remaining provisions shall not be affected or impaired.

9.7. Interpretation:

Section headings contained in these Terms of Use are included for identification and reference purposes only and shall not be used to construe or interpret these Terms of Use.

9.8. Entire Agreement:

These Terms of Use constitute the entire and final expression of the terms of use between you and FixIQ Pro regarding your access and use of the Software. These Terms of Use supersede all prior oral or written communications concerning these matters, including any marketing materials or documentation provided by FixIQ Pro before or after entering into these Terms of Use, unless specifically incorporated into these Terms of Use. No employee, agent, or other representative of FixIQ Pro has the authority or obligation to bind FixIQ Pro with any statements, representations, warranties, or other commitments not specifically set forth in these Terms of Use. No usage of trade or other regular practice or method of dealing between the parties shall be used to modify, interpret, supplement, or alter these Terms of Use.

9.9. Contact Information:

You may contact FixIQ Pro at the following email address: help@fixiq.pro or through the support chat in the Software.

FixIQ Pro may contact you using the email address you provided during registration in the Software.