Terms of Service

Effective date: 2024-08-01

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 is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of 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 indicates 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 user, 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 may choose to 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 disclaims 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 parties 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.

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. Fiixit 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 Fiixit 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 after which Landlords will need to move to a paid subscription service to continue to access the Fiixit platform. Landlords can cancel their free trial at any time and no charges will be incurred.

Tradespeople, Tenants, and Property Liaisons incur no monthly subscription charges.

Information about your subscription is provided in emails we send to you and in your account. After logging into your account, you can see information about your subscription by going to your My Subscription page. 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 authorize us to charge your bank or credit card which you have entered into your Fiixit account and 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 authorization 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 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 authorized 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, including chargeback, 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 date and not the date of the successful charge.

Promotional subscriptions are renewed at the then current non-promotional fee unless terms and an agreement have been specifically agreed with you. From time to time, we may offer different subscription plans and the fees for such plans may vary.

Subscription services will be subject to our excessive usage policy.

Billing

When you sign up for a Fiixit subscription paid service you will be billed either:

• At the start of your subscription period as specified on the date you added your card or bank details into your account on the Fiixit platform, or
• At a documented date agreed with the authorized personnel acting on behalf of Fiixit.

This date will become the point of reference for your start to service period in Fiixit.

Cancellation

The easiest way to cancel your subscription is by visiting your Settings page while logged in to your account. The date you cancel will be construed by Fiixit as the start of your final month of service. You as the user will have full access to your account until this one-month period has elapsed. When that one-month period expires, your account will be locked and all data will be subject to our data deletion policy. Cancellation of your Subscription will not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which your Subscription is cancelled. We will not retain any of your data beyond what is reasonably required and in accordance with local GDPR policy.

Fiixit Ticket Free Trial Offer

A Free Trial offer is presented to all users and is dependent on the number of tickets created. It is counted against any ticket created on your account by any user inclusive of the roles Landlord, Property Liaison, or Tenant. At the end of the Free Trial offer, you will be presented with the option to agree to a monthly subscription and continue to raise tickets and use the Fiixit platform. It will not be possible to raise any more tickets on your account until you subscribe to paid services. 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. 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 date that your last free trial ticket was raised.

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

In order to maintain a high level of service for our active users and paid users, Fiixit removes abandoned data after a period of total and complete inactivity. However, Subscription accounts are never considered inactive while maintaining an active subscription. Content is retained in accounts based on account activity and not individual file activity. What this means is your data does not have to be shared for your account to be considered active. 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 will be retained for a short period of time to allow for accidental deletion recovery. After this period, we fully delete the data for your security and protection. 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

In order to access your account and files, Fiixit must have information about you in order 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 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.