Last updated: 10/1/2026
1. Agreement and acceptance
These Terms of Service (the "Terms") are a binding contract between FixFox LLC, a Washington limited liability company ("FixFox," "we," "us"), and the business that registers for or uses the Instant Estimator service ("Customer," "you"). These Terms govern Instant Estimator only; they do not govern any other FixFox product.
1.1 Acceptance. You accept these Terms by doing any of the following: submitting a trial or signup form that references these Terms; clicking a button or checking a box indicating acceptance; creating, activating, or signing in to an Instant Estimator account; or otherwise accessing or using the Service. If you do not agree to these Terms, do not use the Service.
1.2 Authority. The individual accepting these Terms represents that they are at least 18 years old, are an owner, officer, employee, or authorized agent of Customer, and have authority to bind Customer. If that individual does not have such authority, they are personally bound by these Terms.
1.3 Business use only. The Service is offered solely to businesses and their personnel for use in a trade or business. It is not offered to consumers. You represent that you are not acquiring the Service for personal, family, or household purposes, and you agree that laws protecting consumers in consumer transactions do not apply to these Terms.
1.4 Related documents. The Instant Estimator Privacy Policy, any order form, plan description, or pricing page you accept, and any FixFox policies referenced in these Terms are incorporated by reference. If an order form signed by both parties conflicts with these Terms, the order form controls for that conflict only.
1.5 Arbitration notice. Section 17 contains a binding arbitration provision and class action waiver that affect how disputes are resolved. Please read it.
2. Definitions
"Service" means the Instant Estimator software-as-a-service offering, including the Instant Estimator mobile applications for iOS and Android (the "Apps"), the web application and dashboard at dashboard.fixfox.ai and related FixFox websites, all related features, integrations, APIs, and Documentation, and any updates to them.
"Authorized User" means an employee, technician, contractor, or agent of Customer whom Customer permits to access the Service under Customer's account.
"Customer Data" means all data, content, and materials that Customer or its Authorized Users submit to or generate through the Service, including Recordings, uploaded audio files, site photos, property addresses, GPS data, pricing and rate tables, job details, and End Customer information.
"End Customer" means a homeowner, property owner, tenant, business, or other person for whom Customer prepares an estimate or performs services.
"Recording" means any audio recording, voice capture, or call recording that Customer or an Authorized User creates with, uploads to, or otherwise submits to the Service, whether captured in the Apps during a site visit or obtained from a telephone, VoIP, or other system.
"Output" means estimates, scopes of work, line items, pricing, transcripts, summaries, and other content that the Service generates from Customer Data.
"Documentation" means FixFox's then-current user guides, help content, and specifications for the Service.
"Plan" means the subscription tier, included estimate volume, overage rate, and fees that Customer selects at signup or in an order form, as described on the applicable FixFox pricing page or order form.
"Third-Party Services" means products, services, data, and platforms that are not provided by FixFox but that interoperate with or are accessed through the Service, including field-service and CRM platforms (such as Jobber, ServiceTitan, and HubSpot), app stores, payment processors, retail pricing sources, mapping and location services, and artificial-intelligence model and speech-recognition providers.
"Usage Data" means technical, diagnostic, and statistical information about the use and performance of the Service that does not identify Customer, an Authorized User, or an End Customer.
3. The Service and your right to use it
3.1 Access right. Subject to these Terms and payment of applicable fees, FixFox grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service, and to install and use the Apps on devices owned or controlled by Customer or its Authorized Users, solely for Customer's internal business purposes of preparing estimates for Customer's own End Customers.
3.2 Restrictions. Customer will not, and will not permit anyone to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, prompts, or algorithms of the Service, except to the extent applicable law prohibits this restriction; (c) sell, resell, rent, lease, lend, sublicense, distribute, or otherwise make the Service available to any third party, or use it to provide estimating services to other businesses on a service-bureau or time-share basis; (d) access the Service to build a competing product or to benchmark it for a competitor; (e) use any robot, scraper, or automated means to access the Service, or use the Service in a way that exceeds reasonable usage limits or that FixFox determines imposes an unreasonable load; (f) interfere with or disrupt the integrity or performance of the Service or circumvent any security or usage control; (g) remove or alter any proprietary notice; (h) submit malicious code, or any content that is unlawful, infringing, defamatory, or that Customer does not have the right to submit; (i) use the Service in violation of any law, including laws governing recording of communications, privacy, consumer protection, contractor licensing, or anti-spam; (j) use Output to train or improve a machine-learning model; or (k) share account credentials or allow more than one individual to use a single Authorized User login.
3.3 Updates and changes. FixFox may modify, update, or discontinue features of the Service at any time. FixFox may require that Customer install updates to the Apps to continue using the Service. FixFox has no obligation to maintain any particular feature, integration, pricing data source, or AI model.
3.4 Beta and preview features. FixFox may offer features identified as beta, preview, pilot, early access, or similar ("Beta Features"). Beta Features are provided as-is, may be changed or withdrawn at any time, may contain errors, and are excluded from any commitments FixFox makes elsewhere in these Terms. Customer uses Beta Features at its own risk.
3.5 Mobile App terms. Use of the Apps is also subject to the terms of the app store from which they are downloaded. The Apps may use device features including the microphone, camera, photo library, and precise location; Customer and its Authorized Users control these permissions through device settings, and the Service may not function fully if they are disabled. Customer is responsible for all mobile data, carrier, and device charges.
3.6 Apple-specific terms. For Apps obtained from the Apple App Store: these Terms are between Customer and FixFox only, not Apple Inc. ("Apple"); Apple has no obligation to furnish maintenance or support; to the maximum extent permitted by law Apple has no warranty obligation; Apple is not responsible for addressing any claim relating to the App, including product liability, legal or regulatory compliance, or consumer protection claims; Apple is not responsible for any third-party intellectual-property claim; Customer represents that it is not located in a country subject to a U.S. government embargo or designated a "terrorist supporting" country and is not on any U.S. government list of prohibited or restricted parties; Customer will comply with applicable third-party terms when using the App; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against Customer.
3.7 Support. FixFox will provide reasonable email support during its normal business hours. FixFox does not commit to any response time, uptime, or service level unless stated in a signed order form.
3.8 Customer systems. Customer is responsible for obtaining and maintaining the devices, operating systems, internet connectivity, VoIP or phone systems, and third-party accounts needed to use the Service.
4. Accounts, Authorized Users, and security
4.1 Account information. Customer must provide accurate, complete, and current registration and billing information and keep it updated. FixFox may rely on the contact information in the account for all notices and may refuse, suspend, or close any account that FixFox believes was opened with false information or by a business that does not fit the Service.
4.2 Authorized Users. Customer may allow its Authorized Users to use the Service under Customer's account, up to any limit in Customer's Plan. Customer is responsible for all acts and omissions of its Authorized Users and anyone who accesses the Service using Customer's credentials, whether or not authorized, as if they were Customer's own. Customer will ensure that each Authorized User complies with these Terms.
4.3 Credentials. Customer and its Authorized Users must keep login credentials confidential, use strong passwords, and notify FixFox at legal@fixfox.ai immediately upon learning of any unauthorized access or use. FixFox is not liable for loss or damage arising from unauthorized use of Customer's account.
4.4 Account administration. The individual designated as the account owner or administrator may manage Authorized Users, settings, billing, and integrations, and may export, modify, or delete Customer Data. FixFox may follow instructions from any administrator on the account without further verification, and disputes between Customer and its personnel over account control are Customer's responsibility.
4.5 Security. FixFox maintains administrative, technical, and physical safeguards designed to protect Customer Data that are reasonable for a service of this type. Customer acknowledges that no method of transmission or storage is completely secure and that FixFox cannot guarantee the security of Customer Data. Customer is responsible for securing its own devices, networks, and third-party accounts connected to the Service.
5. Recordings and consent
5.1 Customer records; FixFox processes. The Service allows Customer's Authorized Users to capture audio during site visits and to upload audio files recorded by Customer's telephone, VoIP, or other systems. In every case, Customer decides whether, when, where, and whom to record. FixFox does not initiate, control, monitor, or participate in any Recording. FixFox is solely a processor of Recordings that Customer chooses to create or upload.
5.2 Customer is solely responsible for lawful recording. Laws governing the recording of in-person and telephone conversations vary by jurisdiction. Many U.S. states (including Washington, California, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and others) require the consent of all parties to a conversation, and Canadian federal and provincial privacy laws require notice and consent for the commercial collection of personal information, including voice. Customer is solely responsible for determining which laws apply to each Recording and for complying with them. Before creating or uploading any Recording, Customer represents, warrants, and covenants that it has:
- Provided every person whose voice may be captured with all notices required by applicable law, including notice that the conversation is being recorded and the purposes for which the Recording will be used;
- Obtained all consents required by applicable law from every such person, in the form (express, written, verbal, or otherwise) that applicable law requires, and is able to demonstrate that consent;
- Complied with any applicable call-recording disclosure, tone, or announcement requirements for telephone and VoIP recordings; and
- The legal right to submit the Recording to FixFox and its Third-Party Service providers for the processing described in these Terms and the Privacy Policy.
5.3 No recording where consent is lacking. Customer will not record or upload any conversation where any required consent has not been obtained, where a participant has objected to recording, or where recording is otherwise unlawful. Customer will stop a Recording immediately if any participant withdraws consent and will delete any Recording that a participant lawfully requires Customer to delete.
5.4 Content of Recordings. Customer will not use the Service to record or upload conversations that include special categories of information unrelated to the estimate (such as health, financial-account, or government-identification details) and will instruct its Authorized Users accordingly. FixFox is not responsible for information that Customer or End Customers choose to include in a Recording.
5.5 Authorized User training. Customer will train and supervise its Authorized Users on lawful recording practices and will adopt a written recording policy. FixFox may, but is not obligated to, provide sample consent language or in-app reminders. Any such materials are provided for convenience only, are not legal advice, do not guarantee compliance in any jurisdiction, and do not shift any responsibility to FixFox.
5.6 Indemnity for recording claims. Without limiting Section 16, Customer will defend, indemnify, and hold harmless FixFox and its affiliates and their members, managers, officers, employees, agents, and Third-Party Service providers from and against all claims, demands, investigations, fines, penalties, statutory damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any Recording, including any allegation that a Recording was made, uploaded, transcribed, stored, or used without the notice or consent required by law.
5.7 FixFox's rights. FixFox may, in its sole discretion, refuse to process, delete, or restrict access to any Recording that FixFox believes may have been made unlawfully or in violation of these Terms, and may suspend or terminate Customer's account for violations of this Section 5. FixFox has no obligation to review Recordings for compliance and no liability for failing to do so.
6. Customer Data
6.1 Ownership. As between the parties, Customer owns Customer Data. FixFox claims no ownership of Customer Data.
6.2 License to FixFox. Customer grants FixFox and its subcontractors a worldwide, non-exclusive, royalty-free license to host, copy, transmit, transcribe, analyze, process, modify, display, and otherwise use Customer Data (a) to provide, maintain, secure, and support the Service; (b) to generate Output; (c) to prevent or address fraud, abuse, security, or technical issues; (d) as required by law or legal process; and (e) as otherwise permitted in these Terms or the Privacy Policy.
6.3 De-identified and aggregated data. FixFox may create and use de-identified, aggregated, or statistical data derived from Customer Data and Usage Data (for example, regional labor-rate ranges or materials-pricing trends) to operate, analyze, improve, and market the Service and to develop new products, provided that such data does not identify Customer, any Authorized User, or any End Customer. FixFox owns all such de-identified data.
6.4 Roles for End Customer information. Customer is the business that collects End Customer information and decides how it is used (the "controller" or "business" under applicable privacy laws). FixFox processes End Customer information only on Customer's behalf and instructions as a service provider or processor, as described in the Privacy Policy. Customer is responsible for providing End Customers with any privacy notice required by law and for honoring End Customer rights requests. FixFox will reasonably assist Customer with rights requests relating to data held in the Service, and may charge for assistance beyond self-service tools.
6.5 Customer responsibilities for data. Customer represents and warrants that it has all rights, consents, and lawful bases necessary to submit Customer Data to the Service and to have it processed as described in these Terms, and that Customer Data does not infringe or misappropriate any third-party right or violate any law. Customer will not submit payment-card numbers, government identification numbers, Social Insurance or Social Security numbers, health records, or other sensitive personal information except as strictly necessary for an estimate and permitted by law.
6.6 AI processing. Customer acknowledges and agrees that FixFox uses third-party speech-recognition and large-language-model providers to transcribe Recordings and generate Output, and that Customer Data (including Recordings and transcripts) will be transmitted to those providers for that purpose. FixFox selects providers whose terms, as of the date of these Terms, prohibit use of data submitted through their business APIs to train their generally available models. FixFox may change providers at any time.
6.7 Data location. Customer Data is processed and stored in the United States and may be processed in other countries where FixFox or its providers operate. Customer consents to this transfer and is responsible for any notice to End Customers that cross-border processing requires.
6.8 Retention and deletion. FixFox retains Customer Data, including Recordings and transcripts, for as long as Customer's account remains active, unless Customer deletes it sooner using tools in the Service. Following termination or expiration, Section 11.4 governs deletion. FixFox may retain copies in routine backups for a limited period and may retain data as required by law, to resolve disputes, or to enforce these Terms.
6.9 Backups. Customer is responsible for maintaining its own copies of Customer Data and Output that it wishes to preserve. FixFox is not a system of record or an archive, and FixFox is not liable for any loss, corruption, or deletion of Customer Data.
7. AI-generated estimates and Output
7.1 Nature of Output. Output is generated automatically by artificial-intelligence systems from Recordings, transcripts, and other Customer Data. AI systems can misunderstand speech, omit or invent details, miscount quantities, and produce pricing that is incomplete, outdated, or wrong. Output is a draft for Customer's review, not a finished quotation, bid, contract, or professional opinion.
7.2 Customer must review before use. Customer is solely responsible for reviewing, verifying, correcting, and approving all Output before it is sent to an End Customer, entered into any Third-Party Service, or otherwise relied on. Customer, not FixFox, decides the final scope, price, terms, disclaimers, and taxes of every estimate. Any estimate Customer delivers is Customer's own document and Customer's own commercial offer.
7.3 No guarantee of accuracy or outcomes. FixFox does not warrant that Output will be accurate, complete, current, lawful, profitable, or fit for any job, and does not guarantee that an estimate will be accepted, that a job can be completed for the estimated price, or that Customer will achieve any time savings, revenue, or margin. Customer bears all risk of underbidding, overbidding, omitted items, change orders, and disputes with End Customers.
7.4 Pricing data. The Service may reference third-party retail pricing (for example, materials prices and links to The Home Depot or other retailers), labor-rate tables, and Customer's own rate settings. Third-party prices can change at any time, may differ by store, region, quantity, or date, and may be unavailable or incorrect. FixFox is not affiliated with, sponsored by, or endorsed by The Home Depot or any other retailer named in the Service, and FixFox does not guarantee the availability or price of any product.
7.5 Taxes and markups in estimates. The Service calculates labor tax, materials tax, markups, package pricing, and totals using rates and settings that Customer configures. Customer is solely responsible for determining the correct tax rates, taxability, markup, and pricing for each job and jurisdiction. FixFox does not provide tax, accounting, or legal advice, and is not liable for any error in a tax rate, taxability determination, or calculation setting entered by Customer.
7.6 Disclaimers in estimates. The Service allows Customer to configure disclaimers and default questions that appear in estimates. Customer is solely responsible for the content, adequacy, and legal sufficiency of all disclaimers, terms, and conditions included in estimates delivered to End Customers, and for complying with any law governing the form or content of estimates, quotes, or home-improvement contracts in the jurisdictions where Customer operates.
7.7 No professional relationship. FixFox is a software provider. FixFox is not a contractor, estimator, engineer, inspector, appraiser, tax advisor, or attorney, is not licensed as any of these, and does not perform or supervise any work. Nothing in the Service constitutes professional advice.
7.8 Similar Output. Because Output is generated from common models and data sources, Output provided to Customer may be similar or identical to Output provided to other customers. Customer has no exclusive rights in Output and may not assert that Output is infringing merely because another customer received similar Output.
7.9 Rights in Output. Subject to these Terms, FixFox assigns to Customer any right FixFox may have in Output generated for Customer, excluding FixFox's underlying technology, templates, prompts, models, and any de-identified data described in Section 6.3.
8. Third-Party Services and integrations
8.1 Integrations are at Customer's direction. The Service can send Output and Customer Data to, and receive data from, Third-Party Services such as Jobber, ServiceTitan, and HubSpot when Customer connects those accounts. By enabling an integration, Customer instructs FixFox to exchange data with that Third-Party Service and authorizes FixFox to access Customer's account there to the extent needed. Customer is responsible for its agreement with each Third-Party Service, for the fees it charges, and for the accuracy and use of data once it leaves the Service.
8.2 No responsibility for Third-Party Services. FixFox does not control Third-Party Services and makes no representation or warranty about them. FixFox is not responsible for the availability, security, accuracy, privacy practices, or conduct of any Third-Party Service, for changes a Third-Party Service makes to its API or terms, or for any loss or damage caused by a Third-Party Service. FixFox may suspend or remove any integration at any time, including if a Third-Party Service withdraws access or changes its terms.
8.3 Third-party terms. Customer's use of Third-Party Services is governed by their own terms and privacy policies, and Customer agrees to comply with them. This includes the terms of Apple and Google for the Apps, and any marketplace or partner terms that apply when Customer installs the Service from a Third-Party Service's marketplace.
8.4 Links. The Service may include links to third-party websites, such as retailer product pages. FixFox provides links for convenience only and does not endorse or take responsibility for linked content.
9. Free trials
9.1 Trial terms. FixFox may offer a free trial limited by time, by number of estimates, or both, as described at signup (for example, 20 estimates over 15 days). The trial ends when the first limit is reached. FixFox may approve or decline any trial request, may limit trials to one per business, and may modify, shorten, or end any trial at any time for any reason without notice or liability.
9.2 No payment captured; no automatic conversion. FixFox does not collect payment information for a trial, and a trial does not convert to a paid subscription unless Customer affirmatively selects a Plan and provides payment information. If Customer does not subscribe, FixFox may disable the account at the end of the trial and delete Customer Data in accordance with Section 11.4.
9.3 Trial disclaimer. During a trial the Service is provided as-is, without any warranty, support commitment, or indemnity from FixFox, and FixFox's total liability to Customer arising out of a trial will not exceed US$100. All other provisions of these Terms, including Sections 5, 7, 14, 15, 16, and 17, apply in full during a trial.
10. Fees, billing, and payment
10.1 Fees. Customer will pay the subscription fees, overage fees, and any other charges for its Plan as stated on the FixFox pricing page or order form in effect when Customer subscribes, as updated under Section 10.7. All fees are in U.S. dollars unless an order form states otherwise.
10.2 Included estimates and overages. Each Plan includes a monthly number of estimates. Each estimate generated beyond that number in a billing month is charged at the Plan's per-estimate overage rate (currently US$3.00 per estimate on the standard Instant Estimator plan and US$2.00 per estimate on the bundled plan that includes another FixFox product). An estimate counts toward the included volume when the Service generates Output for it, whether or not Customer edits, sends, or uses the Output. Unused included estimates do not roll over.
10.3 Automatic renewal. Subscriptions are billed monthly in advance and renew automatically for successive monthly terms until cancelled. By subscribing, Customer authorizes FixFox and its payment processor to charge Customer's payment method for subscription fees at the start of each term and for overage and other charges as they accrue or at the end of each billing month.
10.4 Cancellation. Customer may cancel its subscription at any time through the account settings or by written notice to FixFox. Cancellation takes effect at the end of the then-current billing month; Customer will continue to have access and will be charged any overage fees incurred through that date. FixFox does not prorate or refund fees for partial months.
10.5 No refunds. Except where required by applicable law or expressly stated in a signed order form, all fees are non-refundable and non-cancellable once charged, including for unused included estimates, downgrades, unused Authorized User seats, or dissatisfaction with Output.
10.6 Payment information and processor. Customer must provide a valid payment method and keep it current. Payments are processed by a third-party payment processor under its own terms; FixFox does not store full payment-card numbers. Customer authorizes FixFox to retry failed charges and to update card details through account-updater services offered by card networks.
10.7 Price changes. FixFox may change its fees, included volumes, or overage rates by giving Customer at least 30 days' notice by email or in the Service. Changes take effect at the start of the first billing month that begins after the notice period. Customer's continued use of the Service after that date constitutes acceptance of the new fees; Customer's sole remedy is to cancel before the change takes effect.
10.8 Late payment and suspension. Amounts not paid when due accrue interest at 1.5% per month or the highest rate permitted by law, whichever is less, plus reasonable collection costs and attorneys' fees. FixFox may suspend access to the Service if any amount is more than 10 days past due, after notice, and may terminate the account if payment is not received within 30 days of the due date.
10.9 Chargebacks. If Customer initiates a chargeback or payment reversal that FixFox determines was unjustified, FixFox may suspend the account until the amount is repaid and may charge a US$25 administrative fee per chargeback.
10.10 Taxes. Fees exclude all sales, use, value-added, goods-and-services, harmonized sales, excise, withholding, and similar taxes, duties, and levies. Customer is responsible for all such taxes other than taxes on FixFox's net income. If FixFox is required to collect taxes, FixFox will add them to Customer's invoice unless Customer provides a valid exemption certificate.
10.11 Billing disputes. Customer must notify FixFox in writing of any billing dispute within 30 days after the charge; otherwise the charge is deemed accepted and waived as to any dispute.
11. Term, suspension, and termination
11.1 Term. These Terms take effect when Customer first accepts them and continue until Customer's account is closed and all subscriptions have ended.
11.2 Termination by Customer. Customer may terminate by cancelling under Section 10.4 and closing its account.
11.3 Suspension and termination by FixFox. FixFox may suspend or terminate Customer's access to all or part of the Service, with or without notice, if: (a) Customer breaches these Terms, including Section 3.2 or Section 5; (b) any fee is past due under Section 10.8; (c) FixFox reasonably believes Customer's use poses a legal, security, or reputational risk to FixFox, other customers, or any third party; (d) FixFox is required to do so by law, a Third-Party Service, or an app store; (e) Customer's account has been inactive for 12 months; or (f) FixFox discontinues the Service. FixFox may also terminate these Terms for convenience on 30 days' notice, in which case FixFox will refund any prepaid fees for the period after termination, as Customer's sole remedy.
11.4 Effect of termination. Upon termination or expiration: Customer's right to use the Service ends immediately; all unpaid fees and overage charges become due; and Customer must stop using the Apps. For 30 days after termination FixFox will make Customer Data available for export through the Service's standard export tools, unless FixFox terminated for Customer's breach, in which case FixFox may deny export. After that period FixFox may delete Customer Data, including Recordings and transcripts, without further notice, subject to Section 6.8.
11.5 Survival. Sections 2, 3.2, 5, 6.2 through 6.9, 7, 10 (as to amounts owed), 11.4, 11.5, 12 through 18, and 20 survive termination.
12. Intellectual property
12.1 FixFox property. The Service, the Apps, the Documentation, and all software, models, prompts, templates, algorithms, user interfaces, designs, know-how, and other technology used to provide them, together with all improvements, modifications, and derivative works, are and remain the exclusive property of FixFox and its licensors, protected by copyright, trade-secret, trademark, patent, and other laws. Except for the limited rights expressly granted in Section 3.1, no rights are granted to Customer, by implication, estoppel, or otherwise.
12.2 Feedback. If Customer or any Authorized User provides suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), FixFox may use and exploit the Feedback without restriction or compensation, and Customer assigns to FixFox all right, title, and interest in the Feedback.
12.3 Usage Data. FixFox owns all Usage Data and may use it for any lawful purpose.
12.4 Trademarks. "FixFox," "Instant Estimator," and the associated logos are trademarks of FixFox. Customer may not use them without FixFox's prior written consent, except to accurately identify that Customer uses the Service.
12.5 Customer reference. Customer grants FixFox the right to identify Customer as a user of the Service and to use Customer's name and logo in customer lists and marketing materials. Customer may revoke this right at any time by written notice to FixFox, after which FixFox will stop new uses within 30 days.
12.6 Infringement claims. If Customer believes content in the Service infringes its copyright, Customer may notify FixFox at legal@fixfox.ai with the information required by the U.S. Digital Millennium Copyright Act or the Canadian notice-and-notice regime, as applicable.
13. Confidentiality
13.1 Definition. "Confidential Information" means non-public information disclosed by one party to the other in connection with these Terms that is marked confidential or that a reasonable person would understand to be confidential. FixFox's Confidential Information includes the Service, its pricing not publicly posted, roadmaps, and security practices. Customer's Confidential Information includes Customer Data that is not End Customer information subject to Section 6.
13.2 Obligations. The receiving party will use the disclosing party's Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to its employees, contractors, advisors, and service providers who need to know it and are bound by confidentiality obligations at least as protective as this Section.
13.3 Exclusions. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known to the receiving party before disclosure, is independently developed, or is rightfully received from a third party without restriction. A party may disclose Confidential Information to the extent required by law or court order, after giving reasonable notice where legally permitted.
13.4 Duration. These obligations last for three years after termination of these Terms, and for trade secrets for as long as they remain trade secrets.
14. Warranties and disclaimers
14.1 Mutual. Each party represents that it has the legal power to enter into these Terms.
14.2 Customer warranties. Customer represents and warrants that: (a) it is a business and will use the Service only for business purposes; (b) it holds all licenses, registrations, bonds, and insurance required to perform the services it estimates; (c) it will comply with all laws applicable to its use of the Service and its dealings with End Customers, including recording, privacy, anti-spam, consumer-protection, and home-improvement contracting laws; and (d) the warranties in Sections 5 and 6 are true.
14.3 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, THE APPS, THE DOCUMENTATION, ALL OUTPUT, AND ALL THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXFOX AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR DURABILITY. FIXFOX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE; THAT TRANSCRIPTION WILL BE CORRECT; THAT THIRD-PARTY PRICING WILL BE CURRENT; OR THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS RESULT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIXFOX OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
14.4 Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent such a law applies to Customer despite Section 1.3, the exclusions above apply to the fullest extent permitted and any non-excludable warranty is limited in duration to 30 days from first use.
15. Limitation of liability
15.1 EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FIXFOX OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, UNDER ANY LEGAL OR EQUITABLE THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), FOR ANY: (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, OR LOSS OF GOODWILL; (C) UNDERBID, OVERBID, INACCURATE, OR INCOMPLETE ESTIMATES, OR ANY DISPUTE WITH OR CLAIM BY AN END CUSTOMER; (D) LOSS, CORRUPTION, OR INACCURACY OF DATA OR OUTPUT; (E) COST OF SUBSTITUTE SERVICES; (F) SERVICE INTERRUPTION OR FAILURE OF ANY THIRD-PARTY SERVICE; OR (G) ANY CLAIM ARISING FROM A RECORDING, INCLUDING ANY CLAIM THAT A RECORDING WAS MADE WITHOUT REQUIRED NOTICE OR CONSENT; IN EACH CASE EVEN IF FORESEEABLE AND EVEN IF FIXFOX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF FIXFOX AND THE PERSONS LISTED IN SECTION 15.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES CUSTOMER ACTUALLY PAID TO FIXFOX FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100. THIS CAP IS AGGREGATE AND NOT PER INCIDENT, AND MULTIPLE CLAIMS DO NOT ENLARGE IT.
15.3 Basis of the bargain. The disclaimers and limitations in Sections 14 and 15 are fundamental elements of the agreement between the parties and reflect the fact that FixFox's fees are low relative to the value of the jobs Customer estimates. FixFox would not provide the Service at these fees without them. They apply even if any limited remedy fails of its essential purpose.
15.4 Exceptions. Nothing in this Section 15 limits liability that cannot be limited under applicable law, including liability for fraud or wilful misconduct. Nothing in this Section 15 limits Customer's payment obligations or Customer's indemnification obligations.
15.5 Time limit on claims. To the extent permitted by law, any claim by Customer arising out of or relating to these Terms or the Service must be brought within one year after the claim accrued, or it is permanently barred.
16. Indemnification by Customer
16.1 Scope. Customer will defend, indemnify, and hold harmless FixFox, its affiliates, and their respective members, managers, officers, employees, contractors, agents, licensors, and Third-Party Service providers (the "FixFox Indemnitees") from and against any and all claims, suits, demands, investigations, proceedings, losses, damages, judgments, settlements, fines, penalties, statutory damages, costs, and expenses (including reasonable attorneys' fees and expert fees) arising out of or relating to: (a) Customer Data, including any Recording, and FixFox's processing of it in accordance with these Terms; (b) any breach or alleged breach by Customer or its Authorized Users of these Terms, including Sections 3.2, 5, 6.5, and 14.2; (c) any estimate, quotation, bid, contract, or work that Customer provides to or performs for an End Customer, and any dispute between Customer and an End Customer; (d) any violation of law by Customer or its Authorized Users, including recording, privacy, consumer-protection, anti-spam, tax, and contractor-licensing laws; (e) Customer's use of Third-Party Services; (f) any personal injury, death, or property damage arising from Customer's business; or (g) any claim by an Authorized User or End Customer against a FixFox Indemnitee.
16.2 Procedure. FixFox will give Customer prompt notice of a claim (though delay only relieves Customer to the extent it is prejudiced) and reasonable cooperation at Customer's expense. Customer may control the defense with counsel reasonably acceptable to FixFox, but may not settle any claim in a way that admits fault by, imposes any obligation on, or fails to fully release a FixFox Indemnitee without FixFox's prior written consent. FixFox may participate with its own counsel at its own expense, and may assume control of the defense if Customer fails to diligently defend.
17. Dispute resolution: binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
17.1 Informal resolution first. Before starting arbitration or any court proceeding, the party raising a dispute must send the other a written notice describing the dispute and the relief sought (to FixFox at the address in Section 21; to Customer at the account email). The parties will attempt in good faith to resolve the dispute for 60 days after the notice is received. Any limitations period is tolled during this period.
17.2 Agreement to arbitrate. Except as provided in Sections 17.5 and 17.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, or the relationship between the parties, including its existence, validity, interpretation, performance, breach, or termination, and including statutory, tort, and common-law claims (a "Dispute"), will be resolved exclusively by final and binding arbitration. This agreement to arbitrate is governed by the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce.
17.3 Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator who is a licensed attorney with at least 10 years of commercial experience. If AAA is unavailable, the parties will select a comparable administrator, or a court will appoint one. The seat of arbitration is Seattle, Washington; hearings may be held by video conference, or in person in King County, Washington, at the arbitrator's discretion. The arbitrator will apply the substantive law in Section 18 and may award any relief a court could award to the individual party, but only in favor of and against the individual parties to the arbitration. The arbitrator's award will be in writing, with reasons, and may be entered in any court of competent jurisdiction. The arbitrator, not a court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 17, except that a court decides whether Section 17.4 is enforceable.
17.4 Class action and jury waiver. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. ALL DISPUTES MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this Section 17.4 is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) will be severed and brought in court under Section 18, and all other claims will be arbitrated.
17.5 Exceptions. Either party may (a) bring an individual action in small-claims court for a Dispute within that court's jurisdiction, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property rights or Confidential Information, or to stop unauthorized use of the Service, without first arbitrating.
17.6 Mass arbitration. If 25 or more similar arbitration demands are filed against FixFox by or with the assistance of the same or coordinated counsel, the parties agree that the demands will be resolved in staged batches of no more than 25 under AAA's then-current procedures for multiple case filings, and that no demand in a later batch may proceed until the prior batch has concluded. Filing fees for batched demands are limited to the fees applicable to a single arbitration per batch.
17.7 Fees. AAA filing and arbitrator fees are allocated under the AAA rules. The arbitrator may award the prevailing party its reasonable attorneys' fees and costs where permitted by law or these Terms, and will award them to FixFox if the arbitrator finds that Customer's claim was frivolous or brought for an improper purpose.
17.8 Opt-out. Customer may opt out of this Section 17 by sending written notice to FixFox at the address in Section 21 within 30 days after first accepting these Terms, stating Customer's legal name, account email, and that it opts out of arbitration. Opting out does not affect any other provision of these Terms, and Disputes will then be resolved in court under Section 18.
17.9 Confidentiality. The arbitration, including all filings, evidence, and the award, is confidential, except as needed to enforce the award or as required by law.
17.10 Survival; changes. This Section 17 survives termination. If FixFox changes this Section 17 after Customer accepted these Terms, Customer may reject the change by notice within 30 days, in which case the prior version continues to apply to Disputes with Customer.
18. Governing law, venue, and Canadian customers
18.1 Governing law. These Terms and any Dispute are governed by the laws of the State of Washington and the federal laws of the United States, without regard to conflict-of-laws rules that would apply another jurisdiction's law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.
18.2 Venue. For any matter not subject to arbitration, including under Sections 17.4, 17.5, and 17.8, the state and federal courts located in King County, Washington have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum. Notwithstanding the foregoing, FixFox may seek injunctive relief or enforce an award or judgment in any court having jurisdiction over Customer or its assets.
18.3 Canadian customers. If Customer is located in Canada: (a) Customer confirms it is a business acquiring the Service for commercial purposes and is not a "consumer" under any provincial consumer-protection legislation; (b) the parties confirm that Section 17 applies and is enforceable as a commercial arbitration agreement under the applicable provincial international or domestic commercial arbitration legislation; (c) Customer is responsible for complying with the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada's Anti-Spam Legislation (CASL), and applicable provincial privacy laws in its collection of Recordings and End Customer information and in its communications with End Customers; (d) fees exclude GST, HST, PST, and QST, which Customer will pay where applicable; and (e) the Service is not currently offered to businesses located in the Province of Quebec, and Customer represents that it is not located there. Where Customer is located in Quebec despite this representation, the parties expressly agree that these Terms and all related documents be drawn up in English only, to the extent permitted by law. Les parties conviennent expressément que les présentes conditions et tous les documents connexes soient rédigés en anglais seulement, dans la mesure permise par la loi.
18.4 Language. These Terms are written in English. Any translation is for convenience only; the English version controls.
19. Changes to these Terms
FixFox may revise these Terms from time to time. For material changes, FixFox will give at least 30 days' notice by email to the account owner or by a prominent notice in the Service before the changes take effect; non-material changes (such as clarifications or new feature descriptions) take effect when posted. The "Last updated" date at the top shows when the Terms were last revised. Customer's continued use of the Service after the effective date constitutes acceptance of the revised Terms. If Customer does not agree, Customer must stop using the Service and cancel before the effective date. Changes to Section 17 are also subject to Section 17.10.
20. General provisions
20.1 Notices. FixFox may give notice to Customer by email to the address on the account, by posting in the Service, or by mail. Notices to FixFox must be in writing and sent by email to legal@fixfox.ai with a copy by courier or certified mail to the address in Section 21, and are effective on receipt. Legal process must be served by mail or courier, not email alone.
20.2 Electronic communications and signatures. Customer consents to receive all communications, agreements, notices, disclosures, and invoices from FixFox electronically, and agrees that electronic acceptance of these Terms satisfies any requirement for a signature or writing.
20.3 Assignment. Customer may not assign or transfer these Terms or any rights under them, by operation of law or otherwise, without FixFox's prior written consent; any attempt is void. FixFox may assign these Terms without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or of the Instant Estimator business.
20.4 Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship.
20.5 No third-party beneficiaries. Except for the FixFox Indemnitees under Sections 5.6 and 16 and Apple under Section 3.6, there are no third-party beneficiaries of these Terms. End Customers have no rights under these Terms.
20.6 Force majeure. FixFox is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, denial-of-service attacks, or failures of Third-Party Services, hosting providers, or AI model providers.
20.7 Export and sanctions. Customer will comply with U.S. and Canadian export-control and sanctions laws and will not use the Service in, or permit access from, any embargoed country or by any sanctioned person.
20.8 Equitable relief. Customer acknowledges that a breach of Sections 3.2, 12, or 13 may cause FixFox irreparable harm for which damages are inadequate, and that FixFox is entitled to injunctive relief without posting a bond, in addition to other remedies.
20.9 Entire agreement; order of precedence. These Terms, together with the Privacy Policy and any order form, are the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements, proposals, representations, and communications, written or oral. Terms in any Customer purchase order, vendor registration form, or similar document are rejected and have no effect.
20.10 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force, except as stated in Section 17.4.
20.11 Waiver. No waiver is effective unless in writing, and a waiver of one breach is not a waiver of any other.
20.12 Interpretation. Headings are for convenience only. "Including" means "including without limitation." No rule of construction against the drafter applies.
20.13 Survival. Provisions that by their nature should survive termination survive, including those listed in Section 11.5.
21. Contact
FixFox LLC
Email: support@fixfox.ai
Phone: 1-206-800-6430