Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Dr. Fixit Mobile, doing business as FixFlow ("Company", "we", "us", or "our"), governing your access to and use of the FixFlow platform, website, and all associated services (collectively, the "Service").

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business or organization, you represent and warrant that you have authority to bind that entity to these Terms.

2. Description of Service

FixFlow by Dr. Fixit Mobile is a cloud-based repair shop management platform providing tools for repair ticket tracking, customer relationship management, team management, payment tracking, invoicing, inventory management, barcode scanning, SMS and email notifications, and related business management features. The Service is provided on a subscription basis.

3. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract in your jurisdiction
• Not be prohibited from using the Service under applicable laws
• Provide accurate, complete, and current registration information

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, including actions by team members
• Notifying us immediately at support@fixflowcrm.com of any unauthorized access
• Ensuring all team members added to your account comply with these Terms

4. Subscriptions, Billing, and Payments

4.1 Free Trial

New accounts are eligible for a 14-day free trial with full access to all features. No credit card is required to begin a trial. At the end of the trial period, continued use of the Service requires a paid subscription. We reserve the right to modify or discontinue the free trial offer at any time.

4.2 Subscription Plans

FixFlow by Dr. Fixit Mobile offers a single All-Inclusive subscription plan. All fees are charged in United States Dollars (USD) unless otherwise expressly stated. Subscriptions are available on a monthly or annual basis. Annual subscriptions are billed upfront for the full year.

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. By subscribing, you authorize us (via Stripe) to charge your payment method on a recurring basis. You will receive advance notice before any renewal.

4.4 Refund Policy

Subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current paid billing period. We do not provide partial refunds for unused periods.

4.5 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' written notice by email before any price change takes effect for existing subscribers. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

4.6 Cancellation

You may cancel your subscription at any time through the Billing section of your dashboard or by contacting us. Cancellation will take effect at the end of the current billing period. You will not be charged for any subsequent period after cancellation.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable federal, provincial, state, or local laws or regulations
• Send unsolicited commercial messages (spam) or bulk communications not authorized by recipients
• Use the SMS notification feature to send messages to individuals who have not consented to receive them, in violation of Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), or other applicable laws
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Upload, transmit, or distribute malicious code, viruses, or any content that could harm the Service or other users
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Resell, sublicense, or commercially exploit the Service without prior written authorization from us
• Use the Service to store, process, or transmit unlawful, defamatory, fraudulent, or harmful content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service

We reserve the right to investigate and take appropriate action against violations of this policy, including suspension or termination of your account and reporting to law enforcement authorities.

6. Your Data and Content

You retain full ownership of all data, content, and information you submit to the Service, including customer records, ticket data, and payment information ("Your Data"). By using the Service, you grant FixFlow by Dr. Fixit Mobile a limited, non-exclusive, royalty-free license to store, process, and display Your Data solely to the extent necessary to provide the Service to you.

You represent and warrant that:

• You have all necessary rights and consents to submit Your Data to the Service
• Your Data does not infringe the intellectual property, privacy, or other rights of any third party
• You have obtained all necessary consents from your customers to collect, store, and process their personal information in the Service, in compliance with applicable privacy laws including Alberta's Personal Information Protection Act (PIPA), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), and, where applicable, US state privacy laws including the California Consumer Privacy Act (CCPA)

We do not sell Your Data or your customers' data to any third party.

7. SMS and Email Communications

FixFlow by Dr. Fixit Mobile enables you to send SMS and email notifications to your customers. FixFlow utilizes a single master email address and a single master phone number to dispatch notifications on behalf of all tenants. Automated notifications include specific tenant identification and a mandatory notice directing recipients not to reply directly to the master email or phone number.

By using these features, you agree to:

• Only send messages to customers who have provided express or implied consent to receive such communications
• Comply with Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), and all other applicable messaging laws in the jurisdictions where your customers are located
• Include appropriate opt-out mechanisms where required by law
• Not use the messaging features for marketing or promotional purposes unless customers have expressly consented
• Ensure that any custom, manual, or bulk marketing communications you author and send through the Service clearly contain your own shop name, direct contact details, and a clear notice instructing recipients not to reply directly to the message's sender address or phone number

You are solely responsible for ensuring compliance with applicable messaging laws. FixFlow by Dr. Fixit Mobile is not liable for any claims arising from your use of the SMS or email notification features.

8. Intellectual Property

The trademark and term "FixFlow" is owned by Dr. Fixit Mobile. The Service, including its design, software, logos, trademarks, and content (excluding Your Data), is owned by Dr. Fixit Mobile and protected by applicable Canadian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service other than the limited right to use it as set forth herein. You may not copy, modify, distribute, or create derivative works based on the Service without our express written consent.

9. Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted, error-free, or secure access. The Service may be temporarily unavailable due to scheduled maintenance, upgrades, or circumstances beyond our reasonable control (including force majeure events). We will make reasonable efforts to provide advance notice of planned maintenance. We are not liable for any loss or damages resulting from unavailability of the Service.

10. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. FixFlow by Dr. Fixit Mobile does not warrant that the Service will meet your requirements or that it will be uninterrupted, timely, secure, or error-free. To the extent permitted by applicable law, we expressly disclaim all warranties.

11. Limitation of Liability

To the maximum extent permitted by applicable law, FixFlow by Dr. Fixit Mobile and its owners, operators, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or inability to access data
• Loss of goodwill or reputation
• Cost of substitute services

Our total cumulative liability to you for any claims arising under or related to these Terms or the Service shall not exceed the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or CAD $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless FixFlow by Dr. Fixit Mobile and its operators, affiliates, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy rights; (d) Your Data; or (e) your violation of any applicable law or regulation, including CASL, TCPA, PIPA, or PIPEDA.

13. Termination

Either party may terminate these Terms and your access to the Service:

• By you: At any time by cancelling your subscription and ceasing use of the Service
• By us: At any time for violation of these Terms, fraudulent activity, non-payment, or any other reason at our reasonable discretion, with or without prior notice

Upon termination, your right to access and use the Service ceases immediately. You may request an export of Your Data within 30 days of termination, after which Your Data will be permanently deleted from our systems. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) shall survive.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email to the address associated with your account and/or by displaying a prominent notice within the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the effective date.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If not resolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of the Province of Alberta, Canada.

If you are located in the United States, you acknowledge that you are contracting with a Canadian company and consent to the jurisdiction of Alberta courts for dispute resolution.

16. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and FixFlow by Dr. Fixit Mobile regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
• Language: These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us: