Fixii Inc.
Terms of Use 

Hi there! We’re happy you’re ready to join us. But first, it’s extremely important that we set out certain rules regarding the relationship between you and Fixii Inc. (“Fixii”,“us”, “we”, or “our”) in these Terms of Use (collectively, the “Terms”).

By accessing and using either the Fixii iOS or Android app (the “App”) or our website (collectively, the “Services”) you agree to be bound by these Terms. If you don’t agree with anything in the Terms, you may not use or access the Services. Please be advised that these Terms create a binding legal contract between you and us, so please review everything carefully. 

‍1. Who May Use the Services 

In order to create a trustworthy, safe, and long-lasting community, we must place certain restrictions on who can use the Services. No one under the age of 14 is permitted to use the Services. No one under the age of 18 is permitted to add their location through the Services. If you’re under the age of 18, you agree that you have your parent or guardian’s consent to these Terms.

2. Privacy 
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As Fixii is a location-based platform, we take your privacy extremely seriously. OurPrivacy Policy outlines how we handle the information you provide to us when using the Services, and can be found at (https://fixii.app/privacy).

3. The License We Grant You

Subject to the Terms, Fixii grants you a worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to access, use and enjoy the Services for your own personal, non-commercial, entertainment use.

Excluding user content, nothing under these Terms shall be construed as granting any rights, title, and/or interest in and to the Services, which are and will remain our exclusive property.

You agree not to make any attempt to download, upload, modify, sell, lease, transfer, publicly display, publicly perform, stream or distribute any part of theServices or content found on the Services except as set forth in these Terms. 

At any time, we may (with or without notice), revoke, suspend or terminate your access to the Services if we decide your use of the Services is not in compliance with these Terms. Any such suspension or termination of access to the Services shall be at our sole discretion and constitutes a termination of these Terms by us.

4. Usage & The Rights You Grant Fixii 

You’re entitled to keep all of the rights you own to the content you submit to theServices. Keep in mind that you are solely responsible for the content you submit to the Services. We do not claim ownership over any content you submit through the Services and may not monitor any content found on the Services, therefore we cannot take responsibility for any such content. By posting or submitting content to the Services, you grant us a world-wide, non-exclusive, royalty-free license to use, promote, reproduce that content throughout the duration of our relationship with you, which you may end at any time by deleting your account via the settings page of the App. Deleting your Fixii account constitutes a termination of these Terms by you.
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You represent and warrant to us that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit or display on or through the services. You agree that any content will not contain material subject to copyright or other proprietary rights, unless you are legally entitled to submit that content and grant Fixii the license outlined above, and agree to indemnify us for any and all losses resulting from the invalidity or in accuracy of such representation. We reserve the right to remove any content from the Services that does not comply with these Terms or any legal obligations we may have.

You also agree that use of the Services may incur data charges between you and your carrier, which you are solely responsible for. You also agree that from time to time, we can download and install updates, fixes and improvements to the Services to your device.

5. Your Account

When you create a Fixii account, you agree that all information is accurate, complete, and current at all times. Failure to do so may result in a termination of your access to the Services. You give Fixii the right to use your name, email, and location data, while using the Services elsewhere throughout the Services.

6. Third Party Rights
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You are prohibited from submitting content to or using the Services in way that spams, solicits, harms or harasses Fixii users, is offensive, racist, defamatory or discriminatory to other individuals or groups of people, or violates or infringes on any third-party’s rights, without limitation, copyright, trademark, or any intellectual property right. If you believe that any content or user behavior fails to comply with these Terms, please notify us immediately at hola@fixii.app.

7. Third Party Services

‍We’re working on integrating Fixii with many third party services you already use and enjoy. Just like we have our own Terms, so do they. If you access features from a third party service while using the Services, you agree to be bound by the terms of that third party. Please keep in mind that Fixii has no control over the content, privacy policies, or practice of any third party service. In addition, you agree that Fixii is not responsible or liable for the terms of any third-party and/or action taken in regard to those terms.

Since the App is made available for iOS Devices through the Apple App Store, Apple Inc. (or “Apple”). will be a third-party beneficiary to these Terms and therefore has the right to enforce these terms. Apple is not responsible for the provision or support of these Services in any regard, and your access to theServices using a device made by Apple is subject to the terms set forth in their respective terms of service.

Additionally, since the App is made available for Android Devices through the Google Play Store, Google Inc. or (“Google”) will be a third-party beneficiary to these Terms and therefore has the right to enforce these terms. Google is not responsible for the provision or support of these Services in any Regard, and your access to the Services using a device that runs the Android mobile operating system is subject to the terms set forth in their respective terms of service.

8. Safety 
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It’s important that we help each other keep the Services and our community a safe place for people to express themselves. By accessing our Services, you agree that you won’t:

• Use the Services in any way that is against the law or prohibited in these Terms.

• Submit any content that contains graphic violence, hate speech, or pornography.

• Use any location-based features found in the Services in an appropriate manner.

• Attempt to hack, upload viruses or malicious code that will otherwise damage or impede the functionality and/or security of the Services.

• Attempt to replicate, copy, reverse engineer, extract source code, or modify theServices whatsoever without our written approval.

• Attempt to download, copy, or duplicate any content on the Services for sharing, distribution, or use off of the Services.

• Attempt to access the Fixii API for any reason via the use of any unauthorized third-party tool or client.

• Make any claim of a relationship with Fixii that is outside the scope of theseTerms, including any endorsement unless otherwise stated in a written notice from us.

• Promote any activity that or violates these Terms.

9. Limitations of Liability 

By attempting to access and use the Services, you agree that in no event, will Fixii or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit or revenue, loss of data, or other damages arising from your use or inability to use the Services, the content you submit to the Services or the content of other users or third parties on the Services, even if we have been advised of the possibility of such damages. Fixii Inc.and/or their affiliates’ total liability for all claims related to your use of or inability to use the Services is limited to the amount of $100 USD or the equivalent in your local currency. The laws in some countries or states do not allow for the limitation of liability provided for in this clause. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

10. Indemnification
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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our directors, officers, agents, stockholders, employees, from any loss, damage, liability, or claim, including attorneys’ fees and expenses, made by any third party due to or arising out of either your use of the Services, breach of theseTerms, violation of the rights of a third party (including but not limited to intellectual property rights).

11. Disclaimers 
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THE SERVICES PROVIDED BY FIXII INC.ARE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE TRY OUR BEST, BUT CANNOT AND DO NOT REPRESENT OR WARRANT THAT THERE WILL BE UNINTERRUPTED, SECURE, AND/OR ERROR-FREE ACCESS TO THE SERVICES AT ANY TIME. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHER YOU ACCESS OR USETHE SERVICES. FURTHERMORE, FIXII IS A TECHNOLOGY SERVICES PROVIDER. WE DO NOT LICENSE OR OFFER YOU ANY RIGHTS OR PERMISSIONS TO ACCESS AND/OR LISTEN TO ANY AUDIO CONTENT VIA THE SERVICES. 

WE DO NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE),INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OF CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

12. Submissions 
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You acknowledge and agree that any questions, suggestions, feature requests, comments, ideas, or feedback you give us about the Services (“Submission” or “Submissions”) are non-confidential and shall become our property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. By making a Submission, you waive all rights to any such Submission and warrant that you have the right to make that Submission.

13. Waiver & Severability

If any provision of the Terms is held unenforceable or invalid, then that provision will be limited and/or removed to the minimum extent necessary, and such invalidity shall not affect other provisions or enforceability of the Terms. Any failure on our part to enforce any provision of these Terms is not a waiver of our right to do so later.

14. Governing Law

If you live in the United States or elsewhere, the validity, interpretation, construction and performance of these Terms shall be governed by the laws of the state of Delaware, without giving effect to any principles of conflicts and law.If you live in CostaRica, Colombia, Mexico, Brazil or any other country located in the regions commonly known as Latin America and South America, you may be subject to additional law and it is advised to seek legal counsel in your appropriate region.Specifically excluded from application to these Terms is that law known as the United NationsConvention on the International Sale of Goods.

15. Entire Agreement

This constitutes and contains the entire agreement and understanding between you and Fixii Inc. and supersedes and replaces all prior agreements except as otherwise stated in these Terms. You may not transfer or assign any of your rights or obligations under these Terms to any third party.

16. Changes
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We’re constantly working on adding new features, updating, optimizing and improving theServices. That means sometimes we will have to update or make changes to theseTerms and reserve the right to do so. Unless otherwise required by law, we’ll make sure to give thirty (30) days’ notice before posting an updated version of the Terms so that you have an opportunity to look over them before they come into effect. By continuing to use the Services after any changes to the Terms become effective, you agree to be bound by the revised Terms.

17. Contact Us

We welcome all questions or concerns about these Terms or the Services. Feel free to reach out to us at hola@fixii.app. Our address in the United States is:

16192 Coastal Highway
Lewes, Delaware 19958 

Please note we only accept communication sat the email address listed above and do not accept any mail sent to the address above.