FixMan Terms of Service

02-01-2024

Welcome to FixMan! These Terms of Service ("Terms") govern your use of our platform, which connects users ("Users") with qualified technicians ("Technicians") to provide repair services for various items. Please read these Terms carefully before using the App.

1. Acceptance of Terms

By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use FixMan.

The FixMan Solution is not allowed to users who their accounts deactivated, and users may not allow others to use their accounts, and by using and accessing FixMan, you agree that you are the only authorized user of your user account.

Each user shall create one user account only, and FixMan have the right to deactivate any additional or duplicate user accounts.

By creating user account, you hereby announce that you are fully authorized to execute this agreement.

3. Service Requester User Responsibilities

• Accurate Information: You are responsible for providing accurate and complete information when using the FixMan, including your contact information, the nature of the repair needed, and the location of the Stuff.
• Safe and Proper Use: You agree to use the App in a safe and proper manner, in accordance with all applicable laws and regulations.
• Payment: You are responsible for paying all fees associated with the repair services you book through FixMan.
• Communication: You agree to communicate effectively with Technicians to facilitate the repair process.
• Prohibited Activities: You may not use the FixMan for any illegal or unauthorized purpose, including but not limited to:
  • Submitting false or misleading information.
  • Impersonating any person or entity.
  • Harassing, threatening, or abusing any other User or Technician.
  • Damaging or interfering with the App or its functionality.
  • Using the App for any commercial purpose without our express written permission.

4. Technician Users Responsibilities

• Qualifications: Technicians must meet all qualifications and requirements set forth by the official authorities in the state in which the repair process is taking place, including relevant licenses and certifications.
• Quality of Service: Technicians agree to provide high-quality repair services in a professional and courteous manner.
• Pricing: Technicians must clearly communicate their fees to Users before starting any work and upload the quotation and service agreement as suggested by FixMan.
• Honesty and Integrity: Technicians agree to be honest and transparent in all their dealings with Users.
• Safety: The safety of technician is his responsibility, and FixMan has no any responsibility of any injury that happen to technicians (service providers) or any injuries that can happen for anyone regarding doing the service, FixMan only connected the two parties service requester and service provider, and FixMan not responsible on any injuries or costs, or quality in any case, or under any circumstances.
• Prohibited Activities: Technicians may not:
  • Engage in any fraudulent or unfair business practices.
  • Provide inaccurate or misleading information about their qualifications or services.
  • Damage or misuse Users' Stuff.
  • Refuse service to Users based on any discriminatory or unlawful grounds.

5. Charges

Using FixMan may result in charges, and users are responsible for paying all fees associated with the repair services. Those charges may include investigation fees, Service fees, surcharges, taxes and other fee and those classified as follow:

• Investigation fee: The app may charge a fixed fee over the service requester for as cost for connecting you with a technician and to guarantee the seriousness.
• Repair service fees: Technicians set their own fees for the repair services they provide. These fees should be clearly communicated to service requester before any work begins.
• Payment processing fees: The FixMan may charge a fee for processing your payment for the repair service.
• Taxes: Depending on your location and the type of repair service, you may be responsible for paying sales tax or other applicable taxes and FixMan is not responsible for collecting any tax fees from the technician and technician have to pay those taxes to IRS.
• Subscription fee: In case of applying new policy, FixMan may charge technicians a monthly or annual subscription fee to access the platform and connect with users or if FixMan offer a prime subscription.

• Commission fees: FixMan takes a commission from the Investigation fees and repair service fees earned by technicians as percentage.

6. Scope of Services

The FixMan is a platform to connect Users (Service Requesters) with Technicians (Service Providers). We do not provide repair services ourselves. We are not responsible for the quality of services provided by Technicians, or for any disputes between Users and Technicians.

To guarantee high level of quality, upload the service agreement and the quotation on FixMan application, so you can go back to it any time.

7. User Reviews and Ratings

Users may leave reviews and ratings for Technicians after completing a repair. These reviews and ratings are for informational purposes only and do not constitute an endorsement by the FixMan.

8. Intellectual Property:

• FixMan and Content: We own all right, title, and interest in and to the App, its underlying software, code, data, and all content displayed on the App (collectively, the "FixMan Content"). This includes logos, trademarks, service marks, copyrights, and other intellectual property rights.
• User Content: Users retain ownership of the content they submit to the App ("User Content"). However, by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display your User Content for the sole purpose of operating and improving the App.

9. User Restrictions:

• You may not:
  • Copy, modify, distribute, reverse engineer, decompile, or disassemble the App Content.
  • Remove any proprietary notices or markings from the App Content.
  • Use the App Content for any commercial purpose without our express written permission.
  • Infringe upon our or any third party's intellectual property rights.
  • Upload any User Content that is unlawful, harmful, threatening, abusive, harassing, obscene, defamatory, or racially or ethnically offensive.

10. Third-Party Content:

The App may contain links to or integrate with third-party websites, services, and content. We are not responsible for the content or privacy practices of any third-party websites or services. You should carefully review the terms of use and privacy policies of any third-party websites or services you access through the App.

11. DMCA Takedown Notice:

If you believe that any User Content infringes upon your copyright, you may submit a DMCA takedown notice to us. We will process such notices in accordance with the Digital Millennium Copyright Act.

12. Termination:

We may terminate your access to the App for any reason, at any time, without notice. We may also remove any User Content that violates these Terms.

13. Disclaimer of Warranties

FixMan is provided "as is" and without any warranties of any kind, express or implied. We do not warrant that FixMan will be uninterrupted, error-free, or secure. We are not responsible for any damages arising out of your use of the App.

14. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of FixMan.

15. Indemnity

You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the App.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be held in Dearborn, Michigan.

17. Entire Agreement

These Terms constitute the entire agreement between you and FixMan regarding your use of the application.

18. Amendment

We may amend these Terms at any time by posting the amended Terms on the FixMan application. The amended Terms will be effective immediately upon posting.

19. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws provisions.

20. Contact Us

If you have any questions about these Terms, please contact us at Contact Us link in the main menu of FixMan application.

Additional Provisions:

• Background Checks: The App may conduct background checks on Technicians before allowing them to use the platform.

Insurance: Users and Technicians may be required to carry their insurance.