Terms of Service
Welcome to Fiixit. Fiixit Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the “Agreement”) governs your access to and use of the Fiixit platform, content, apps, software, products and services provided to you on, from, or through the Fiixit platform, (collectively, the “Services”). As a registered user, all such interactions with the Fiixit platform and use of any Services are an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all the terms of this Agreement which is a legally binding contract.
If you are using the Services on behalf of a company, or an organisation or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organisation and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.
If you do not fully and completely agree to the terms of the agreement and you, as a responsible user choose to continue to use the services, you will be bound to the terms of the agreement.
Fiixit (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of our website and any associated services indicate your acceptance of changes to the Agreement, and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the Fiixit platform, your sole remedy is to discontinue use of the Services. You use the Services of Fiixit at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
Ability to Accept Terms of Service
Fiixit Services are available to anyone over the age of 16, in observance of and compliance with the Children’s Online Privacy Protection Act. If you are under 16 years of age, then do not use the Service.
Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
Content – It’s Yours
When you upload any property or business addresses, email and phone numbers associated with any tradesperson, tenant and property liaisons user roles, compliance certificates and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.
You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.
To enable Fiixit to provide the Services, it is necessary for you to hereby grant Fiixit a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.
You control your Content through your account and/or cookies which may be placed on your computer or other devices.
You are responsible for any costs associated with your Content and use of the Fiixit platform.
You are solely responsible for your Content and your interactions with other users of the Services.
When you allow other users access to your Content, you, not Fiixit, are responsible for what others do with it.
You agree, while using Fiixit platform, that you may not:
Alter or modify any part of the Services;
Use the Services for any illegal purpose;
Transmit any viruses, worms, defects, Trojans, or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;
Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;
Reformat or frame any portion of any web page on the Fiixit platform that is part of the Services without the express permission of Fiixit;
Collect, harvest, or share any personal identifiable information or account names or solicit users other than the users you invite to be part of your business relationships, which you add to your account, to be used in the sole purpose of the Fiixit platform;
Impersonate another person, whether real or fictional;
Permit any third parties to use your name and password;
Violate or attempt to violate Fiixit systems or interfere with the normal use of the Services by users;
Resale Fiixit products and Services;
Post advertisements, promotions, or solicitations of business;
Transmit any form of solicitation or Spam;
Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify, or delete any author attribution in any Content, or promote any information that you know is false or misleading;
Distribute an illegal or unauthorized copy of another person’s trademarked or copyrighted work;
Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, intimidating, unlawful, fosters terrorism, inspires violent acts, depicts criminal acts, depicts violent acts, or promotes or encourages any illegal activity;
Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;
Defame or libel any person; invade any person’s right of privacy or publicity or otherwise violate, misappropriate, or infringe the rights of any person;
Export or re-export Content in violation of the export or import laws of the United Kingdom or without all required approvals, licenses, and exemptions;
Distribute any links to any external Internet sites that are obscene or pornographic or distribute pornographic or sexually explicit material of any kind.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United Kingdom laws regarding transmission of data.
Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that the Fiixit Platform is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fiixit with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Fiixit, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.
Account Safeguards
To access or benefit from the Services or features on the Fiixit platform, you must create a Fiixit account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your Fiixit account from a trusted network. Although Fiixit will not be liable for any losses you might suffer, you may be liable for the losses of Fiixit or others.
Fiixit & Services
Fiixit does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness, or legality, stored on or distributed through the Services and Fiixit expressly denies any and all liability in connection with Content. Content is yours, not ours.
Fiixit Content may contain links to external sites; however, Fiixit is not responsible for any availability of or the content on or through any external site.
Fiixit is not a backup service and does not operate like one. While we work hard to store your data safely and securely, you should keep your data safely stored in more than one location or service and not singularly on Fiixit. Fiixit bears no responsibility for maintaining your data indefinitely. You bear full responsibility and sole liability for any corrupted, lost, or irrecoverable data. You understand and agree that Fiixit reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.
When Fiixit removes or disables Content for policy violations, the user who posted the Content may receive a strike. The user is notified of the violation. Repeated policy violations may result in account termination. Fiixit reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted directly to Fiixit on contact@fiixit.co.uk. Each complaint will be investigated, and appropriate action will be taken.
Fiixit operates a fair and reasonable usage policy. (See Accounts for more information) Reasonable usage will be monitored by Fiixit and Fiixit will always seek to engage with you regarding any excess usage and violation of this policy. Fiixit will act in all parties’ best interest when discussing a resolution. If you continue to act unreasonably after the party’s discussion, Fiixit reserves the right to terminate your access to the services.
Fiixit reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.
Fiixit may change, suspend, or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Fiixit incurs no liability regarding the work undertaken to you as a landlord/agent by a tradesperson. Any work undertaken is directly contracted by you the landlord with the tradesperson you instructed. You should do your own due diligence regarding the tradesperson you instruct and whether they are qualified, skilled, and insured to carry out the instructed services. Any information provided by Fiixit in the platform is in good faith. Fiixit does not endorse or promote any tradesperson. A tradesperson may advertise on the Fiixit platform, but Fiixit will clearly state this is a paid advert not any endorsement from Fiixit. Any ratings for a tradesperson compiled and shown by Fiixit will be solely taken from objective feedback from Fiixit users. Payment for those services is directly between you the landlord/agent and the tradesperson. Fiixit is not involved in any contract of work, or payments of work for tradesperson services performed.
Software, Applications, Modifications & Licenses
The Fiixit platform may include special applications, application programming interfaces, installable software, or developer resources you can download and install on your desktop, mobile phone, or other devices with Internet capability to enhance your ability to interact and benefit from the Services (“Software”). This Software may require periodic modifications/updates, which may occur automatically or require you to initiate them. The Software is a copyrighted work of Fiixit and is governed by the terms of this Agreement. Fiixit grants you a “Limited License” to use the Software solely to interact with the platform.
When you download and/or use the Software, you accept this Limited License. Fixiit grants you a personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free limited license to use the Software on any device you own or control. This Limited License is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Fiixit, in the manner permitted by this Agreement. You may not rent, lease, lend, sell, trade, redistribute, assign, or sublicense your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, or permit anyone else to, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Fiixit and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the Limited License will govern any upgrades provided by Fixiit that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own). You may only use the Fiixit trademark, logo, domain name (or any derivative thereof), branding or features only in reasonable business use when sharing your business partnership and relationship with Fiixit.
Subscriptions
General
Fiixit offers a free trial to landlords/agents after which landlords/agents will need to move to a paid subscription service to continue to access the Fiixit platform. Landlords/agents can cancel their free trial at any time, and no charges will be incurred.
Property Liaisons (Admins) are added solely at the account owner’s discretion and incur no monthly subscription charges. Property Liaisons agree to act according to the terms of service that are agreed by the account owner. Fiixit takes no responsibility for any action that a property liaison makes using Fiixit. The account owner has full responsibility for checking any property liaison access and can at any time withdraw their access by deleting them from their Admin Users in Account Settings.
You as the account owner agree to load the properties and number of bedrooms in that property accurately. If Fiixit becomes aware of discrepancies between properties and bedrooms at that property, Fiixit will seek to clarify with the account owner the situation.
Information about your subscription is provided in your account and with our partner billing platform. After logging into your account, you can see information about your subscription by going to your My Subscription page and viewing Invoicing and Billing. The subscription information will be used on each date of your monthly anniversary to raise necessary billing.
Subscription services require you to pay a fee, which is described in greater detail below. You agree to pay all fees and charges you incur, inclusive of local required taxes such as VAT in GBP. Subscription fees are non-refundable except as expressly set forth below. You hereby authorise us to charge your bank, debit, or credit card which you have entered in our partners billing platform, to pay for the ongoing cost of Subscription. Payment for the appropriate Subscription will be made by automatic charges on your monthly anniversary. Your Subscription will be renewed monthly until we receive a cancellation request from you.
You acknowledge and agree that the authorisation to charge your card or bank for our Subscriptions shall automatically transfer to any successors or assigns of the Services.
The billing period ends each term on the monthly anniversary of your activation date. You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will be responsible for charges for any products or services that you purchase that are offered for sale through our Services. In addition, you are responsible for paying any amounts billed to your bank or credit card by someone who uses your card, such as a secondary card holder or family member, or if you authorised use of your card by someone else for the initial Subscription. If payment cannot be charged to your bank or credit card or your payment is returned to us for any reason and we cannot agree an updated charging method within 1 month of non-payment, we reserve the right to either suspend or terminate your account and our obligations under this Agreement. If you provide us with a new/updated card and are successfully charged, your renewal period will be based on the original renewal and billing dates and not the date of the successful charge.
Promotional subscriptions are renewed at the then applicable non- promotional fee unless different terms have been specifically agreed with you. From time to time, we may offer different subscription plans and the fees for such plans may vary. You will always be advised if your subscription plan will change and will always have your right of cancellation should they not be acceptable.
Subscription services will be subject to our excessive usage policy. Excessive usage is defined as;
Number of SMS per Ticket – Users account averages 5 or more SMS messages per tickets created for any 3 individual months in a 12-month rolling period.
Example: A user that creates 100 tickets per month could be liable to excessive use if in any 3 individual months in a rolling 12-month period 500 or more SMS messages (100 tickets x 5 SMS messages) or more were created.
Fiixit will work with any account holder that breaches excessive usage policy to provide potential remedies to manage within the usage policy. Should a user refuse to work with Fiixit and manage within the policy, Fiixit reserves the right to cancel the user’s account.
Billing
When you sign up for a Fiixit subscription paid service you will be billed at the start of your first subscription month end. Your first month subscription period can only start at the end of any free trial period. Each billing period will last for 1 month, with 12 months making up a 1-year period.
This service start date will become the point of reference for your service period in Fiixit. Your service start date will be clearly communicated in your subscription plan and in our partner billing platform.
You will be billed at the prevailing rates stated on Fiixit website unless you have agreed specific discounted rates. Fiixit reserves the right to adjust the billing rates and will provide users a minimum one-month notice of the change in the rates so the user can decide to discontinue their subscription if desired.
Fiixit uses billing tiers to calculate the billing rates. The billing tiers are based on the number of properties you have loaded into your account on each monthly anniversary of your billing date. Each subscription period charges may go up or down depending on your account usage. Properties added or removed during a subscription month will not impact the current subscription month billing. They will only impact the next subscription month billing and there will be no pro-rata charges or credits for adding or removing within the current subscription month.
The rates will be clearly communicated on the web site and the prevailing rate used (subject to any agreed discount levels) will be the rate on the website at the point of an invoice being raised;
Up to 10 properties – Billed at prevailing rate.
Additional properties 11+ – Billed at prevailing rate.
Premium Size properties (>6 bedrooms) – Billed at prevailing rate.
Greater than 12 bedrooms – a bespoke agreed billing rate will be agreed and communicated with the user.
Example billing:
Account Holder has 15 properties loaded of which 12 are 1-6 bedroom and 3 are 7-10 bedrooms in size.
10 properties x 1st tier (up to 10 properties billing rate)
5 properties x 2nd tier (11+ properties billing rate)
3 properties x premium size property billing rate
The account holder agrees to load properties and tenants in line with the number of bedrooms in their property.
Cancellation
The easiest way to cancel your subscription is by visiting your Subscription/Invoicing and Billing page while logged in to your account. You can also mail contact@fiixit.co.uk to request to cancel. You as the user will have full access to your account until the end of your current subscription period. After this period, you have a further one-month period to remove any information. After that, your account will be locked, and all data will be subject to our data deletion policy. Cancellation of your Subscription will only be effective from the end of the current subscription period. There is no credit provided for the subscription month paid, during which you have cancelled as you will still have access to the service to assist with managing the closure of your account. There are no additional cancellation charges beyond your monthly subscription. We will not retain any of your data beyond what is reasonably required and in accordance with local GDPR policy.
Fiixit Free Trial Offer
A Free Trial offer is presented to all users and will be dependent on the terms of the prevailing offer. At the end of the Free Trial offer, you will be presented with the option to agree to a monthly subscription and continue to use the Fiixit platform. Once you agree to the subscription, the subscription will automatically renew every month thereafter, unless you cancel the subscription. You may cancel your subscription from your My Subscription page after logging into your Fiixit account or make a request at contact@fiixit.co.uk. At the end of the trial period if you do not agree to a paid monthly subscription, we reserve the right to delete your account and all your data, 90 days from the end date of the trial period.
Fiixit reserves the right, in its absolute discretion, to determine who receives the offer, or to withdraw or modify the offer at any time without prior notice or liability.
Inactive Accounts
To maintain a high level of service for our active users and paid users, Fiixit removes abandoned data for inactive accounts. We define inactive accounts as a period of 6 months after a subscription period ends.
However, Subscription accounts are never considered inactive while maintaining an active subscription. An active subscription is considered when a property is loaded to Fiixit, and a subscription payment is made each month.
Content is retained in accounts based on account activity. Data is only removed when the account is considered completely inactive for a period of time.
Content Retention
Fiixit retains content indefinitely for registered accounts that are not considered inactive.
However, any records and files deleted by the user is at the account owner’s discretion. Fiixit can only offer reasonable endeavours to help locate a file if the account owner or an authorised representative has deleted. The user agrees to take adequate precautions and pay attention to the Fiixit messages that always ask the user to confirm that they wish to proceed to delete records and files.
Notification of Modifications to Terms of Service
We may change this policy from time to time.
Minor changes will become effective immediately upon posting on the website. If there are material changes to the Terms of Service, you will be notified to view the new policy. A revised Terms of Service supersedes all previous Terms of Service.
We encourage you to review our Terms of Services whenever you access our Services to stay informed about our information practices. If you disagree with any changes to the Terms of Services and do not wish your information to be subject to the revised Terms of Service, your only remedy, if you do not accept the terms of this Policy, is to discontinue use of the Website and the Services. Your use of any of our Services after the posting of changes shall constitute your consent to the changes.
Business Transfers
We may assign or transfer this Policy, as well as your account and related information and data, including any personal information, to any person or entity that acquires all or substantially all of our business or assets, or with whom we merge or acquire.
In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Fiixit may not be able to control how your personal information is treated, transferred, or used.
You will be notified via email and/or a prominent notice placed on the Services if a transaction takes place, as well as any choices you may have regarding your information.
Contact Us
To access your account and files, Fiixit must have information about you to identify you. Revoking consent to collection and retention of your personal data effectively closes your account with Fiixit. You can email contact@fiixit.co.uk to request closure of your account. Your email must come from the exact email address you wish to delete. We will then email you back to confirm we have complied with your request and will take necessary actions as per Subscription General and Cancellation sections of our Terms of Service.