1.1. “FixIQ Pro software” or the “Software” – it’s a software in the form of SaaS designed for automation of business processes of service providing companies.
Main functions of the Software:
1. CRM system for small and medium-sized businesses,
2. Order planning and management,
3. Inventory management and control,
4. Employee control,
6. Management Accounting,
7. Retail Sales control,
8. Automatic notification for customers and employees,
9. Calls and telephony in CRM,
10. Customer base maintaining,
11. Barcode creation.
1.2. “SaaS” (Software as a Service) is a software distribution model in which a provider hosts the application and makes it available to customers over the Internet.
1.3. “Registration” means Your completion of the Registration Forms on the Website and provision of Your E-mail, Password, and other necessary information. After Registration, You become a registered user of the Software.
1.4. “Registration Form” means the set of fields on the Website that You must complete when You sign up for the Software.
1.5. “Login” means Your e-mail address as indicated by You in the respective field of the Registration Form.
1.6. “Password” means the unique string of characters entered by You in the respective field of the Registration Form and subsequently used by You, in combination with Your Login, to identify Yourself to the Software.
1.7. “User Account” – is an established technique for connecting between You as a registered user of the Software and the Software for the purpose of Your authentication to the Software and receival of necessary access to resources of the Software. User account is assigned a username. User account contains Your login, password, and other information serving to identify You as the registered user for purposes of the Software use.
1.9. “Trial Period” – is an established period when the Software has been made available to You free of charge for evaluation (trial) purposes.
1.10. “Subscription Period” – is an established prepaid range of time not less than one calendar month during which You can use the Software.
1.11. “Subscription Scope” – is a prepaid quantity of end-users that will be able to use the Software on behalf of Your entity during the Subscribed period.
1.13. “Territory” of the Software use – is all countries of the World except countries with trade and other restrictions according to the applicable law.
1.14. “Purpose” of the Software use– is for Your internal business use.
1.15. “Recurring Payment” is a payment made automatically using a saved payment method which is made through https://payproglobal.com
2. SUBJECT MATTER
3. THE SOFTWARE USE
3.1. You shall use the Software strictly for the Purpose, only within the Territory, during the Trial Period and/or Subscription Period, and within the Subscription Scope.
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 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 proceed with a paid Subscription;
2. upon the expiration of the Subscription Period, if You do not renew Your Subscription;
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 limitations or restrictions on the functionality or access to the Software during this period. You are not permitted to use the Software for any commercial purposes during the Trial Period.
4. PRICES AND PAYMENTS. REFUND POLICY
4.1. Prices and payments
4.1.1 To use the Software (except usage within the Trial Period) You must pay a Subscription Fee to the amount and in the payment procedure, determined in the Schedule of fees published at fixiq.pro/pricing/.
4.1.2 After the expiration of Your Subscription Period, the functionality of the Software will be no longer available or will be limited until You make a payment to renew Your subscription.
184.108.40.206 If You make the payment after the expiration of Your Subscription Period, the date of payment is considered as the renewal day and marks the beginning of the renewed Subscription Period.
220.127.116.11 If You make the payment before the expiration of Your Subscription Period, the date following the last day of Your subscription marks the beginning of the renewed Subscription Period.
4.1.3 The payments shall be considered made at the date the funds are credited to the FixIQ Pro’s account.
4.1.4 All fees charged by the bank and (or) other financial institutions / other third parties in the course of payment shall be paid by the paying Party.
4.1.5 If the currency of Your bank account or payment system is not the same as the currency in which the Software is priced, all currency conversions will be made at the exchange rate of Your bank or payment system.
4.1.6 FixIQ Pro may, in its sole discretion, change the prices and the payment procedure at any time. Therefore, You should review regularly the prices and the payment procedure in the Schedule of fees published at fixiq.pro/pricing/.
4.2. Refund policy
After 14 (fourteen) calendar days from the date of payment, there is no refund for the service provided and used.
4.2.3 In any case, unless expressly stated otherwise, payments for the SMS service are non-refundable.
4.3. Recurring payment
4.3.1. A Recurring payment shall be made if the Licensee chooses to pay for the license by credit card.
4.3.2. A Recurring payment shall be activated by the Licensee automatically at the first payment. In the future, the Licensor will make a Recurring payment and renew the license for a period which is the same as the last license period paid by the Licensee.
4.3.3. The Licensee can manage the settings of the Recurring payment (activate, deactivate, change the license renewal period and other options) in the Program settings.
4.3.4. The Licensor will make a Recurring payment and renew the license according to the Recurring payment settings on the last day of the license validity term.
5. PARTIES’ RIGHTS AND OBLIGATIONS
5.1. FixIQ Pro is entitled to:
5.1.1 modify the Software at any time and in its sole discretion, including all resources and materials available on the Website;
5.1.2 take in its sole discretion any or all of the following actions:
1. suspend Your Login and Password,
2. delete any of Your User Data,
3. reject any of Your User Data that You may be attempting to upload to the Software,
4. permanently terminate Your access to and use of the Software
5.1.3 interrupt Your access to and use of the Software at any time without prior notice under the following reasons, including, but not limited to: maintenance work, circumstances beyond the reasonable control of FixIQ Pro, crashes of software or hardware owned by third parties, or malicious actions by third parties aimed at disrupting the operation of the Software;
5.1.4 in its sole discretion add new features to the Software, remove existing features or modify the design of existing features;
5.1.5 delete User Data one (1) year after the date of expiration of Your rights to use the Software;
5.1.6 disclose User Data in response to requests from law enforcement or other regulatory authorities or in response to a subpoena or other legal process.
FixIQ Pro may disclose Your User Data as FixIQ Pro believes necessary or appropriate:
1. to comply with applicable law, including laws outside Your country of residence;
2. to respond to requests from public and government and other authorities, including such authorities outside Your country of residence;
3. to protect FixIQ Pro’s rights and/or those of You or others, including in cases of fraud and infringement of Intellectual Property Rights;
4. to comply with prudent legal practice as determined by FixIQ Pro and with applicable law or legal processes;
5. to limit the damages that FixIQ Pro may sustain; and
6. to provide the Software to You.
5.1.7 publish on the Website advertisements and any other content permitted by applicable laws;
5.2. FixIQ Pro shall:
5.2.1 provide a daily non-stop access to the Software, except as specified herein;
5.2.3 adjust any failures in the Software, caused by the fault of the FixIQ Pro within a reasonable time;
5.2.4 carry out maintenance
work as possible at night and on weekends;
5.2.5 back up regularly Your data and information.
5.3. You are entitled to:
5.3.5 request technical assistance and support during the Subscription Period;
5.4. You shall:
5.4.2 be solely responsible for the safekeeping of Your Password and for any actions performed under Your Login and Password. You shall immediately notify FixIQ Pro of any instances of unauthorized access to the Software under Your Login and Password and/or of any other security breach that You become aware of;
5.4.3 be responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness, intellectual property ownership, and right to use with respect to all of Your User Data and any data sent by You to the Software. You will abide by, and will be solely responsible for any breach of, applicable local, state, national and foreign laws, treaties, and regulations in connection with Your User Data, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall defend, indemnify, and hold harmless FixIQ Pro and its subsidiaries, affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, actions, proceedings, expenses, liabilities, damages, costs, and expenses, including attorneys’ fees, associated with or arising from uploading or using Your User Data;
5.4.4 pay the Subscription Fee in the amount and within the time limits set forth herein. FixIQ Pro shall not bear responsibility for interruption of Your access to and use of the Software because of payment delay;
6. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS FIXIQ PRO’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SOFTWARE.
6.1. FixIQ Pro shall not provide You with an Internet connection or with any hardware or software required to connect to the Internet, and FixIQ Pro shall not be liable for the quality of Your Internet connection or the quality of the hardware or software that You use to connect to the Internet. FixIQ Pro shall not be liable for any malfunction or other problems in telephone networks or software, computer systems, servers, providers, computer hardware, software, or telecom equipment, or for any malfunction in the operation of e-mail software and scripts, howsoever caused.
6.2. You acknowledge that Your information will be transmitted over an unsecured public computer network and that FixIQ Pro shall not be liable for any loss of information transmitted in this manner.
6.3. FixIQ Pro shall not be liable for any delay, malfunction, missed or late delivery, removal, or loss of any of Your User Data.
6.4. FIXIQ PRO DOES NOT REPRESENT OR WARRANT THAT:
1. YOUR USE OF THE SOFTWARE WILL BE SECURE OR ERROR-FREE OR THAT THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
2. ANY ERRORS OR DEFECTS WILL BE CORRECTED;
3. THE SOFTWARE OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE 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, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.7. To the extent permitted by law, FixIQ Pro excludes all conditions, warranties, representations, or other terms which may apply to the use of the Software, whether express or implied.
6.8. In no event shall FixIQ Pro, nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, resellers, affiliate partners, licensees, licensors, agents, or others involved in creating, sponsoring, promoting, or otherwise making the Website and the Software available take any responsibility or accept any liability for:
1. direct, indirect, punitive, incidental, special, or consequential loss arising from or in any way connected with Your use or inability to use the Website and the Software (including, but not limited to, Your reliance upon the content displayed on the Website, including any reviews and opinions appearing on the Website);
2. any inaccuracy, errors, or incompleteness relating to any of the information available on the Website;
3. any computer viruses, information, software, linked sites, products, and software obtained through the Website; or otherwise arising out of the access to, display of, or use of the Software.
6.9. FixIQ Pro is under no obligation to review any materials or information that You may create, upload, and/or send by e-mail or transmit in any other way in the course of using the Software.
6.10. FixIQ Pro does not warrant that such materials or information are accurate, true, complete, timely, and of good quality, or that they will meet Your needs and requirements. FixIQ Pro assumes no responsibility for such materials or information.
6.11. FixIQ Pro assumes no responsibility for any User Data uploaded by You and/or other users of the Software.
7. COPYRIGHTS AND TRADEMARKS
7.1. All the materials available on the Website, the appearance, organization, and layout of the Website and the Software are subject to trademark, copyright, and database rights and other registered and unregistered Intellectual Property Rights, which are owned either directly by FixIQ Pro or by its licensors, suppliers, or providers.
7.2. All the FixIQ Pro trademarks are the intellectual property of FixIQ Pro and are provided only 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 as a convenience to Users.
Furthermore, FixIQ Pro makes no express or implied warranties with regard to the information, material, products, services, and policies (including privacy and cookies policies) that are contained on or accessible through Linked Sites. YOUR ACCESS TO AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, SERVICES, AND POLICIES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
7.6. The Software contains valuable trade secrets and confidential information belonging to FixIQ Pro and third parties that are protected by international treaty provisions and/or applicable laws.
8. GOVERNING LAW AND DISPUTE SETTLEMENT
8.3. Disputes between the Parties shall be resolved in accordance with the procedure established by the Laws of England.
9.1. Personal Data
9.2. Assignment of rights and obligations
FixIQ Pro may transfer and assign any of its rights and obligations hereunder to a third party at any time without notice to You and without Your consent.
You shall defend, indemnify, and hold FixIQ Pro and its affiliates harmless from and against any actual or threatened third-party claim arising out of or based upon:
1. usage of Your User Data;
2. Your negligence or willful misconduct;
4. any breach by persons acting on Your behalf who access and use the Software using Your Login and Password.
You shall pay:
1. all damages, costs, and attorneys’ fees awarded against FixIQ Pro in any proceeding under this paragraph;
2. all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by FixIQ Pro in connection with the defense of such proceeding (other than attorneys’ fees and costs incurred without Your consent after You have accepted defense of such claim);
3. if any proceeding arising under this paragraph is settled, You will pay all amounts agreed to by You in the settlement of any such claims.
The provisions of this paragraph shall survive the termination of Your use of the Software or the expiration of Your subscription to the Software.
9.4. Force Majeure
9.9. Contact information
You may contact FixIQ Pro at this e-mail address: firstname.lastname@example.org or support chat inside the Software.
FixIQ Pro may contact You at the e-mail address provided by You on the Registration Forms when registering with the Software.