Terms of Service

Subject to these Terms, Fixure grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your internal business purposes. Your right to access the Service is conditioned upon your compliance with these Terms and any restrictions communicated to you at the time of subscription or onboarding. You are responsible for ensuring that your users maintain the confidentiality of login credentials, comply with all applicable laws, and use the Service only in accordance with authorized permissions. You must immediately notify Fixure of any unauthorized access to your account or any other security breach.

Fixure will use commercially reasonable efforts to make the Service available. For certain subscription tiers, specific uptime commitments, support response times, and remedies for service unavailability (e.g., service credits) shall be governed by a separate Service Level Agreement (SLA), which is incorporated by reference into these Terms for applicable Customers. For all other subscription tiers, Fixure maintains a non-binding internal availability target of 99.5% (excluding scheduled maintenance), but no service credits or other remedies are provided for failure to meet this target.

You are solely responsible for the accuracy, legality, and integrity of any data, credentials, or integrations you choose to connect to the Service. You represent and warrant that you possess the necessary rights and permissions to provide Fixure with access to any third-party systems, tools, or services you connect. You also agree to maintain and secure your systems, devices, networks, and authentication mechanisms. Fixure is not responsible for any issues arising from your configuration of integrations, your internal security posture, or actions taken by your users.

The Service may rely on or interact with third-party products, services, APIs, integrations, or platforms. Your use of those third-party services is governed by the terms and conditions of those providers, and Fixure disclaims any responsibility for outages, inaccuracies, misconfigurations, data loss, security practices, licensing restrictions, or failures attributable to third-party tools, except to the extent such disclaimer is prohibited by applicable law or where Fixure’s negligence in selecting or monitoring third-party services directly caused the harm. You acknowledge that the smooth operation of the Service may depend on the availability and proper functioning of these external systems.

You retain ownership of all data and content you transmit, upload, or provide through the Service (“User Data”). You grant Fixure a non-exclusive, worldwide, royalty-free license to use, reproduce, process, store, and display User Data solely for the purpose of providing, maintaining, and improving the Service. Fixure will not distribute or modify User Data except as necessary to provide the Service or as required by law.

By default, User Data is stored in data centers located in the United States. Customers with data residency requirements may request alternative storage locations where available, subject to additional fees and technical feasibility.

Fixure may create aggregated or de-identified data that does not identify you or your organization and cannot reasonably be used to re-identify you, and Fixure may use such data for research, analytics, or product development. Upon your request, Fixure will provide information about the de-identification methodologies used and the safeguards in place to prevent re-identification.

If you subscribe to a paid plan, you agree to pay all applicable fees associated with your subscription. Fees may recur automatically and are billed through Fixure’s third-party payment processor. By providing payment information, you authorize Fixure and its processor to charge you in accordance with your chosen plan. All fees are non-refundable except where required by law or expressly stated otherwise, including service credits provided under an applicable Service Level Agreement for failure to meet uptime commitments.

Fixure may modify pricing or plan features with at least thirty (30) days’ prior written notice. Price increases will not apply to your current subscription term and will only take effect upon renewal. You may cancel your subscription before the renewal date to avoid the price increase.

Fixure retains all ownership rights in and to the Service, including all software, technology, designs, codebases, interfaces, logos, trademarks, visual elements, documentation, and all other intellectual property associated with the platform. No rights or licenses are granted to you except for the limited access rights expressly described in these Terms. You may not attempt to reverse-engineer, copy, modify, decompile, extract, or derive source code from the Service, except to the extent such restrictions are prohibited by applicable law (including but not limited to fair use rights, interoperability exceptions, or security research exemptions under applicable law).

You agree not to use the Service for any unlawful, malicious, deceptive, infringing, or harmful purpose. You may not interfere with or disrupt the integrity or performance of the Service; circumvent or disable security controls; upload or transmit malicious code; misrepresent your identity; or attempt to access accounts, systems, or data without authorization.

Notwithstanding the foregoing, good faith security research conducted in accordance with responsible disclosure practices and applicable law is permitted, provided you promptly report any vulnerabilities to Fixure at [Insert Security Email - e.g., security@fixure.com] and do not access, modify, or exfiltrate user data.

Fixure reserves the right to suspend or terminate access for conduct that violates these Terms or exposes Fixure to liability. Where practicable, Fixure will provide advance notice and an opportunity to cure violations before termination, except in cases involving security threats, illegal activity, or violations that pose immediate harm to Fixure or other users.

Either party may terminate the relationship at any time, subject to applicable contractual obligations. Fixure may suspend or terminate access immediately if you violate these Terms, fail to pay applicable fees, or if your use of the Service poses a risk to security, system integrity, or other users..

Upon termination, your right to access the Service will cease. You may export your User Data at any time during the term through the Service’s export functionality. Upon termination, Fixure will provide you with a reasonable opportunity (not less than thirty (30) days) to export your User Data in commonly used formats (including JSON, CSV, or API access) before deletion, except where immediate deletion is required by law or necessary to protect Fixure’s security. Fixure may retain User Data in accordance with the Privacy Policy and applicable law, including for backup, legal compliance, or dispute resolution purposes. Fees paid prior to termination are non-refundable, except where required by applicable law or where Fixure terminates the agreement without cause.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FIXURE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND RELIABILITY, EXCEPT WHERE SUCH DISCLAIMERS ARE PROHIBITED BY LAW.

Fixure does not guarantee uninterrupted or error-free operation, and does not warrant that vulnerabilities, alerts, or security issues will be detected, prioritized, or remediated.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXURE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR SYSTEM FAILURES. FIXURE’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO FIXURE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM FIXURE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR INTENTIONAL MISREPRESENTATION, OR TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW.

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

• Your use of the Service in violation of these Terms or applicable law
• Your integration or transmission of any third-party data
• Your infringement of any third-party rights
• Your breach of any representation or warranty in these Terms, except to the extent such claims arise from Fixure’s gross negligence, willful misconduct, or breach of these Terms.

Fixure agrees to indemnify, defend, and hold harmless you from any third-party claims that the Service, when used in accordance with these Terms, infringes or misappropriates any patent, copyright, trademark, or trade secret, provided you notify Fixure promptly of such claim and cooperate in the defense

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively and finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, pending the final decision of the arbitrator. Each party agrees to waive its right to a jury trial and to bring any dispute in arbitration as an individual action, not as a plaintiff or class member in any purported class or representative proceeding. Each party shall bear its own costs and attorneys’ fees in any arbitration, unless the arbitrator determines that a claim was frivolous or brought for an improper purpose.

Fixure may modify these Terms at any time. When changes are material, we will provide notice through the Service or via email at least thirty (30) days before the changes take effect. Material changes include modifications to pricing, payment terms, limitation of liability, data processing practices, or dispute resolution mechanisms. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the revised agreement. If you do not agree to material changes, you may terminate your account within the notice period, and Fixure will provide a pro-rated refund for any prepaid fees covering the period after termination.

These Terms, together with the Privacy Policy and any additional agreements or policies incorporated by reference, constitute the entire agreement between you and Fixure concerning access to and use of the Service. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations and sanctions programs administered by the Office of Foreign Assets Control.

If you have questions or comments about these Terms, please contact us at: