This Fixlers Pro Platform Access Agreement (this “PAA”) is by and among you and your company/business (“you”) and Fixlers LLC, a New York limited liability company (“Fixlers”). This PAA governs your access to our Platform (defined below) which facilitates your provision of home-related services (collectively, “Home Services”) to Fixlers account holders seeking to access certain types of Home Services (“Consumers”). For the sake of clarity, references to “we,” “our” and “us” refer to Fixlers.
Access to our technology platform includes access to our website(s) and technology application that, among other things, facilitate your access and provision of Home Services to Consumers; as well as all other associated services, including any payment and support services, provided by Fixlers, its affiliates or third parties (collectively, our “Platform”).
(a) You represent, warrant and covenant that (i) you and your employees, agents, contractors and subcontractors who may perform work for you are properly and fully qualified and experienced, and licensed, certified, bonded and insured, as required by Requirements applicable to Home Services and in relation to any specific Project (ii) your access and use of our Platform, and provision of Home Services, in your Region is permitted by the Requirements (including any age requirements), and (iii) all such access and use of our Platform will be in compliance with the Requirements. You are responsible for, and bear all costs of, providing all equipment, tools and other materials that you deem necessary or advisable and are solely responsible for any obligations or liabilities arising from the Projects you perform.
(b) You represent, warrant and covenant that you will (i) complete all Projects in a timely and professional manner with the degree of skill and care that is required by best industry standards, (ii) you will not engage in any acts of wrongdoing, dishonesty or unethical business practices, including bait and switch tactics and misleading advertising or claims, (iii) accept payment for a Project obtained through the Platform only through the Platform, (iv) with respect to any Consumer for whom you perform a Project, not solicit additional Home Services work directly from such Consumer except through (and to the extent permitted by) the Platform and Terms and (iv) not subcontract work on any Project except with our prior written approval.
(a) To provide Home Services you must create and register an account. All information you provide to us must be accurate, current and complete and you will maintain the accuracy and completeness of such information during the term of this Agreement. Unless otherwise permitted by us in writing, you agree to only possess one account for performing Projects. You are responsible for all activity conducted on your account. For account security and Consumer safety purposes, you agree not to share or allow anyone to use your login credentials or other personal information used in connection with your account, including but not limited to photos of yourself, to access our Platform. If you think anyone has obtained improper access to your account, login credentials or personal information, you are required to notify us and to change your password immediately so that we may take appropriate steps to secure your account. You agree that Fixlers is not responsible for any losses arising from your sharing of account credentials with a third party, including without limitation phishing.
(b) You represent, warrant, and covenant that you have all required authority to accept and be bound by this Agreement. If you are accepting this Agreement on behalf of your company, entity, or organization, you represent and warrant that you are an authorized representative of that company, entity, or organization with the authority to bind such party to this Agreement.
(a) During your account creation and registration, we will collect, and may verify, certain information about you.
(b) You may also be required to pass various background and other checks both prior to the first time you access our Platform and from time to time thereafter during the term of this Agreement, and we may limit, block, suspend, deactivate, or cancel a your account based on the results of such a check. These checks may include, without limitation and to the extent permitted by law, credit checks, history of criminal convictions and sex offender registration, and may be facilitated by third parties. You hereby authorize use of your personal information, such as your full name and date of birth, to obtain such reports from our vendors and authorize and instruct us to provide copies of such checks to insurance companies, relevant regulators and/or other governmental authorities as needed for safety or other reasons, as described in our Privacy Notice.
(a) Project requests may appear in the Platform and you may attempt to accept, decline or ignore them. Accepting a Project request creates a direct business relationship between you and the Consumer in accordance with the terms of the Home Services the Consumer has requested through our Platform. The mechanism for accepting or declining Projects may vary depending on the type of Project-request you accept. You acknowledge upon acceptance of a Project request, you may incur Fixlers fees as described in an applicable Project Fee addendum to this PAA.
(b) You will choose the most effective, efficient and timely manner to successfully complete a Project.
(c) You may receive Consumer information, such as name, address and nature of Project request, and you agree that Consumers may also be given identifying information about you, including your first name, photo and certain other information you have voluntarily provided through the Platform (collectively, “User Information”).
(d) Without a Consumer’s consent, you agree to not contact any Consumer or otherwise use any of the Consumer’s User Information except solely in connection with the performance of Projects for that Consumer. You agree to treat all Consumer User Information as Confidential Information (defined below) received by you under this Agreement. You acknowledge that your violation of your confidentiality obligations may also violate certain laws and could result in civil or criminal penalties.
(a) You are not required to use, wear or display Fixlers’ name or logo or to use materials displaying Fixlers’ name or logo (collectively “Fixlers Branded Materials”).
(b) Your authorized display of Fixlers Branded Materials may signify to Consumers that your Home Services is facilitated by our Platform. Fixlers grants you a limited license to use, wear, or display Fixlers Branded Materials provided directly to you by Fixlers (“Authorized Fixlers Branded Materials”) when performing Projects solely for the purpose of identifying yourself as someone selling Home Services facilitated by our Platform. You agree not to (i) use, wear, or display Fixlers-Branded Materials that are not Authorized Fixlers Branded Materials (ii) purchase, accept, offer to sell, sell or otherwise transfer Fixlers Branded Materials that are not Authorized Fixlers Branded Materials or (iii) offer to sell or sell, or otherwise transfer Authorized Fixlers Branded Materials, without Fixlers’ prior written permission.
(c) The parties expressly agree that your access to, or use of, Fixlers Branded Materials, whether or not authorized, does not indicate an employment or other similar relationship between you and us. You further agree not to represent yourself as our employee, representative or agent for any purpose or otherwise misrepresent your relationship with us.
We may collect and disclose information from or about you when you create an account, interact with our Platform or perform Projects and as otherwise described in our Privacy Notice. Notwithstanding anything herein to the contrary (a) the collection, use, and disclosure of such information will be made in accordance with our Privacy Notice and (b) if you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with, or related to, us or our Platform, we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
We reserve all rights not expressly granted in this Agreement. Our Platform, and all data gathered through our Platform, including all intellectual property rights therein (the “Platform IP”), are and remain our property and/or that of our licensors, as applicable. Neither this Agreement nor your use of Fixlers’ or our licensors’ company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights (“Fixlers Names, Marks, or Works”) or the Platform IP conveys or grants to you any rights in or related to the Platform IP, or related intellectual property rights, including Fixlers’ Names, Marks, or Works, except for the limited license granted above. You shall not, and shall not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of the Platform IP or Authorized Fixlers-Branded Materials; (b) reverse engineer or attempt to extract the source code of our software, except as allowed under law; (c) use, display, or manipulate any of Fixlers Names, Marks, or Works for any purpose other than to provide Projects; (d) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Fixlers Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (e) use Fixlers Names, Marks, or Works as your social media profile picture or wallpaper; (f) purchase keywords (including, but not limited to Google AdWords) that contain any Fixlers Names, Marks, or Works; (g) apply to register, reference, use, copy, and/or claim ownership in Fixlers’ Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, except as may be permitted in the limited license granted above; (h) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of our Platform or data; or (i) aggregate Fixlers’ data with competitors’.
From time to time we may permit third parties to offer their services to you and other users of our Platform. Third-party services may be subject to additional terms (including pricing) that apply between you and the party(ies) providing such services. If you choose to access the third-party services you understand that the providers of the third-party services are solely responsible for liabilities a rising in connection with the access and use of such third-party services. While we may allow users to access such services through our Platform and we may collect information about our users’ use of such services, we may not investigate, monitor or check such third-party services for accuracy or completeness. We utilize third party services in connection with payment processing functionality on our Platform and to assist in our capacity as limited payment collection agent on your behalf. You acknowledge and agree that our payment processing functionality and agreement to serve as your limited payment collection agent, are subject to the terms and conditions imposed by such third party service providers.
By clicking “Yes, I agree,” I expressly acknowledge that I have read, understood, and considered the consequences of this Agreement, that I agree to be bound by the terms of this Agreement, and that I am legally competent to enter into this Agreement with Fixlers.