1. INTRODUCTION

Fixy Technologies Ltd. (“Fixy”, “we”, “us”, or “our”) operates a digital marketplace platform connecting people seeking home, maintenance, repair, trade, property, and related services (“Clients”) with independent third-party service providers (“Contractors”).

These Terms of Service (“Terms”) govern your access to and use of the Fixy platform, including any websites, mobile applications, communications, payment functionality, software, content, and related services (collectively, the “Platform”).

By accessing or using the Platform, you agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

2. ELIGIBILITY

By using the Platform, you represent and warrant that:

• you are at least eighteen (18) years old;

• you have the legal capacity to enter into binding agreements;

• all information you provide is accurate and complete;

• you will comply with all applicable laws and regulations.

If you use the Platform on behalf of a business or other entity, you confirm that you are authorized to bind that entity to these Terms.

3. FIXY’S ROLE

3.1 Marketplace Only

Fixy operates solely as a digital marketplace and technology platform.

Fixy does not perform construction, trade, maintenance, engineering, repair, contracting, consulting, advisory, or professional services.

Fixy does not employ Contractors and does not direct, supervise, control, or manage how services are performed.

3.2 No Contractual Party

Any agreement relating to services arranged through the Platform is strictly between the Client and the Contractor.

Fixy is not a party to any agreement between Users and does not:

• negotiate service terms;

• supervise work;

• inspect completed services;

• guarantee pricing, timelines, safety, legality, licensing, or outcomes;

• enforce agreements between Users.

Users acknowledge that engaging Contractors and arranging services through the Platform is done entirely at their own risk.

3.3 No Verification or Endorsement

Unless expressly stated otherwise in writing, Fixy does not conduct or guarantee:

• criminal background checks;

• trade qualification verification;

• licence verification;

• insurance verification;

• financial screening;

• identity verification;

• safety screening.

Ratings, reviews, badges, completion indicators, response rates, rankings, recommendations, or algorithmic suggestions are informational tools only and do not constitute endorsements, certifications, guarantees, or warranties.

4. CONTRACTOR INDEPENDENCE

All Contractors are independent third parties and are not employees, workers, agents, representatives, partners, or joint venturers of Fixy.

Contractors are solely responsible for:

• determining how services are performed;

• complying with applicable laws and regulations;

• obtaining required licences and permits;

• maintaining insurance coverage;

• tax reporting and payment obligations;

• workplace safety;

• service quality and workmanship;

• any injury, death, damage, delay, loss, or dispute arising from their services.

Nothing in these Terms creates any employment, partnership, agency, fiduciary, or joint venture relationship.

5. USER RESPONSIBILITIES

5.1 Clients

Clients are solely responsible for:

• evaluating Contractors;

• reviewing bids, profiles, and ratings;

• defining scope, pricing, timelines, and expectations;

• verifying licences, qualifications, and insurance;

• ensuring project suitability and legality;

• making agreed payments.

5.2 Contractors

Contractors are solely responsible for:

• maintaining accurate account information;

• responding professionally and promptly;

• performing services lawfully and safely;

• complying with all applicable codes, licensing, tax, and insurance requirements;

• maintaining appropriate skill, training, tools, and supervision.

6. PROHIBITED CONDUCT

Users may not:

• provide false or misleading information;

• engage in fraud, scams, impersonation, or unlawful activity;

• submit false reviews or ratings;

• harass, threaten, abuse, or discriminate against others;

• circumvent Platform payment systems;

• solicit off-platform payments after introductions through Fixy;

• upload malicious code or interfere with Platform operations;

• misuse another User’s information;

• violate applicable laws or regulations.

Fixy may investigate suspected violations and may suspend or terminate accounts at its discretion.

7. PLATFORM INTEGRITY & ACCOUNT ACTIONS

Fixy may suspend, restrict, remove, or terminate Users who:

• repeatedly fail to respond or appear;

• abandon projects;

• engage in unsafe or dishonest conduct;

• receive persistent complaints;

• violate these Terms;

• create legal, reputational, operational, or financial risk.

Fixy may take such actions without prior notice where reasonably necessary to protect the Platform or Users.

Such actions do not constitute legal findings or determinations of wrongdoing.

8. PAYMENTS & FEES

Fixy may facilitate payment collection and payout services in connection with transactions arranged through the Platform.

Clients make payments to Fixy in connection with services arranged through the Platform. Subject to these Terms, applicable deductions, disputes, chargebacks, platform fees, processing fees, payout eligibility requirements, and applicable policies, Fixy may issue payouts to Contractors for eligible completed services.

Fixy acts solely as a platform operator and payment facilitator for convenience only and does not act as a bank, trustee, escrow agent, fiduciary, insurer, guarantor, debt collector, or financial advisor.

Any temporary holding, processing, transmission, delayed release, or allocation of funds does not create any escrow, trust, custodial, fiduciary, or similar relationship between Fixy and any User.

Payments made by Clients are payments to Fixy and do not create any ownership interest, security interest, trust interest, or entitlement in favour of Contractors until payouts are actually issued by Fixy in accordance with these Terms and applicable payout policies.

Contractors obtain only a contractual right to receive eligible payouts from Fixy in accordance with these Terms, applicable payout schedules, operational procedures, payment processor requirements, and risk management policies.

Fixy may process Contractor payouts in scheduled payment batches and is not required to provide immediate, real-time, or same-day transfers.

Contractor payouts may be delayed, withheld, adjusted, reversed, offset, cancelled, or deemed ineligible where reasonably necessary, including in connection with:

• pending disputes or complaints;

• suspected fraud, abuse, or unlawful activity;

• chargebacks or payment reversals;

• failed or disputed customer payments;

• refunds or refund requests;

• incomplete, cancelled, or abandoned jobs;

• platform policy violations;

• inaccurate banking details;

• regulatory, compliance, or risk management requirements;

• operational review or investigation.

Contractor payouts are only issued for transactions deemed eligible by Fixy, including where:

• the transaction has been successfully processed;

• the applicable review or holding period has expired;

• required account and banking information has been provided;

• no active dispute, fraud concern, or chargeback exists;

• the User remains in good standing on the Platform.

Contractors bear all risk associated with chargebacks, payment reversals, failed payments, duplicate payments, customer disputes, fraud claims, and refund demands relating to services performed through the Platform.

Contractors authorize Fixy to withhold, offset, deduct, reverse, recover, or retain amounts arising from chargebacks, refunds, payment reversals, duplicate payments, fraud claims, disputed transactions, platform violations, or other losses associated with their use of the Platform from current or future payouts or linked payment methods.

Platform fees, service fees, processing fees, and related charges are earned by Fixy upon successful transaction processing and are non-refundable except where required by applicable law.

Fixy reserves the right to establish, modify, and enforce payout schedules, reserve requirements, transaction limits, verification procedures, risk controls, and payment policies at its sole discretion.

9. CANCELLATIONS, REFUNDS & DISPUTES

All service-related disputes, workmanship claims, delays, cancellations, refunds, scope disagreements, or performance complaints are strictly between the Client and Contractor.

Fixy is not responsible for mediating, arbitrating, or resolving disputes between Users.

Fixy may, but is not obligated to, provide communication tools or informal assistance.

Platform fees and processing fees are generally non-refundable unless otherwise required by law.

10. NO LIABILITY FOR SERVICES OR OUTCOMES

To the fullest extent permitted by law, Fixy is not liable for:

• defective or incomplete work;

• property damage;

• bodily injury or death;

• missed appointments or delays;

• cost overruns;

• code violations;

• permitting issues;

• Contractor misconduct;

• inaccurate User information;

• disputes between Users;

• theft, fraud, or criminal conduct by Users.

Users release Fixy from claims arising out of interactions, services, or agreements between Users.

11. PLATFORM DISCLAIMER

The Platform is provided “as is” and “as available.”

To the fullest extent permitted by law, Fixy disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of:

• merchantability;

• fitness for a particular purpose;

• non-infringement;

• availability;

• uninterrupted access;

• accuracy or reliability.

Fixy does not guarantee:

• Platform uptime or availability;

• Contractor availability or quality;

• project completion;

• payment success;

• uninterrupted or error-free operation.
  
  

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Fixy shall not be liable for:

• indirect or consequential damages;

• loss of profits or revenue;

• business interruption;

• reputational harm;

• data loss;

• property damage;

• personal injury or death.

If liability cannot be excluded, Fixy’s total aggregate liability arising from any claim shall not exceed the total platform fees actually paid to Fixy by the claiming User during the twelve (12) months preceding the event giving rise to the claim.

13. INDEMNITY

You agree to indemnify, defend, and hold harmless Fixy and its affiliates, directors, officers, employees, contractors, agents, and licensors from any claims, liabilities, damages, losses, costs, or expenses arising out of:

• your use of the Platform;

• your breach of these Terms;

• services you provide or receive;

• disputes with other Users;

• your violation of applicable laws or third-party rights.
  
  

14. ACCOUNT SECURITY

Users are responsible for maintaining the confidentiality of account credentials and for all activities conducted through their accounts.

Users must immediately notify Fixy of unauthorized access or suspected security breaches.

15. INTELLECTUAL PROPERTY

All Platform software, branding, designs, databases, content, interfaces, workflows, graphics, logos, trademarks, and proprietary technology are owned by Fixy or its licensors.

Users may not:

● copy;

● reverse engineer;

● reproduce;

● modify;

● distribute;

● exploit;

● create derivative works from;

● commercially use

any portion of the Platform without written permission from Fixy.

By accessing or using the Fixy platform, application, website, software, features, branding, workflows, concepts, systems, designs, content, functionality, or business model, you acknowledge and agree that all intellectual property rights associated with Fixy are the exclusive property of Fixy and its affiliates.

Users, vendors, contractors, developers, competitors, or third parties may not copy, reproduce, imitate, modify, reverse engineer, republish, distribute, exploit, recreate, or develop derivative works based on any part of the platform, its concept, user experience, business operations, branding, technology, or proprietary systems without prior written consent from Fixy.

Any unauthorized use, replication, or misuse of the platform, its ideas, functionality, or intellectual property may result in immediate termination of access and may subject the offending party to legal action, damages, injunctive relief, and all other remedies available under applicable intellectual property and commercial laws.

16. USER CONTENT

By submitting content to the Platform, including reviews, listings, photos, profile information, messages, or project details, you grant Fixy a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free licence to use, reproduce, store, display, analyse, distribute, modify, and publish such content in connection with operation, improvement, security, analytics, and marketing of the Platform.

Users represent that they have all necessary rights to submit such content.

17. PRIVACY

Personal information is handled in accordance with Fixy’s Privacy Policy.

18. ELECTRONIC COMMUNICATIONS

Users consent to receiving notices, disclosures, updates, invoices, confirmations, and other communications electronically via email, SMS, app notification, or through the Platform.

19. FORCE MAJEURE

Fixy shall not be liable for delays, interruptions, failures, or inability to perform arising from events beyond its reasonable control, including hurricanes, storms, natural disasters, utility failures, internet outages, cyberattacks, labour disruptions, payment processor failures, governmental actions, or telecommunications interruptions.

20. TERMINATION

Fixy may suspend or terminate access to the Platform at any time and for any reason, including where reasonably necessary to protect the Platform, Users, or Fixy’s business interests.

Users may stop using the Platform at any time.

Termination does not affect accrued rights or obligations.

21. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the Cayman Islands.

Users agree that the courts of the Cayman Islands shall have exclusive jurisdiction over disputes relating to these Terms or the Platform.

22. DISPUTE RESOLUTION

Before commencing legal proceedings, Users agree to first attempt to resolve disputes informally by providing written notice and allowing at least fourteen (14) days for good-faith discussions.

23. CHANGES TO TERMS

Fixy may update these Terms at any time.

Continued use of the Platform following updates constitutes acceptance of the revised Terms.

24. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

25. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Users and Fixy relating to the Platform and supersede prior understandings or communications.

26. SURVIVAL

Sections relating to payments, liability limitations, indemnities, intellectual property, dispute resolution, governing law, and any provisions intended by their nature to survive shall survive termination of these Terms.

27. CONTACT

Fixy Technologies Ltd.
info@fixypro.com