FixQC Terms of Services

  1. License for App.  FixQC grants to you a nontransferable non-exclusive fully-paid royalty free license to download and use its FixQC App on your mobile device.  You may not transfer, distribute or sublicense the FixQC App or to a network where the FixQC App could be used by multiple devices simultaneously.  If you sell or transfer your mobile device to a third party, you must remove the FixQC App from your mobile device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of or create derivate works of the FixQC App or FixQC’s website or Services (defined below).  The FixQC App includes all updates and changes to the App made by FixQC.

  2. Services on the Platform are SaaS-Based. You can only access FixQC’s web-based platform, and the functions and services included therein (collectively, the “Services”), from the FixQC App.  FixQC provides use of its web-based platform and the Services on a “Software as a Service” basis.   You may not download any of the software that supports FixQC’s website or Services, and instead you will upload your own data to FixQC’s software, website and Services.

  3. Procedure for Accessing the Services. After you download the App, register your user identification (where you select an eligible user ID and password) you may use the Services for a project by inputting or uploading your data on the appropriate pages in the App or FixQC’s platform.  

  4. You May Not License or Sublicense the Services. You will not have any rights to license any of the software or other intellectual property.  Neither this Terms of Use nor any of the other documents with FixQC constitutes a license, sale or similar type agreement with respect to the FixQC web-based platform or the Services or any portion thereof, which shall remain the sole property of FixQC  You will have and retain all responsibility, ownership and intellectual property rights to (i) your data that you input or upload into the App and (ii) the Output of Your data; provided, however, that FixQC has a limited right to use your data, and to transfer your data to its programmers or other software programming/service providers, on a strictly confidential basis and in conformity with its privacy policies solely for its internal purposes (e.g., improving its Services and making software updates or changes).

  5. Display of your Output. FixQC will display the output of your data on appropriate pages of the App or its website/platform.

  6. Suspension or Termination Upon Breach. If you are found by FixQC to breach any term or provision of this Terms of Services or any other term or condition of any document with FixQC (including not paying your fee on a timely basis), then FixQC shall have the right to suspend or terminate your password, account and access to the Services and may terminate any Services that FixQC shall then currently be performing for you or on your behalf.

  7. Limitations on Warranties. FixQC WARRANTS THAT THE OUTPUT OF YOUR DATA WILL BE BASED ON THE SERVICES.     

YOU ACKNOWLEDGE THAT FixQC DOES NOT (i) PREPARE, CONTROL OR BEAR ANY RESPONSIBILITY FOR THE ACCURACY OF YOUR DATA, OR (ii) CONTROL THE TRANSFER OF YOUR DATA OVER THE INTERNET TO THE APP FOR INPUT, AND THAT FixQC’s SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS RELATING TO FORCE MAJEUR.   FixQC WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM ONE OR MORE FORCE MAJEUR EVENTS.

THE APP AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FixCQ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.  FixQC EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPCT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICES, OR THE QUALITY OR CONSISTENCY OF THE SERVICES.  FixQC FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE.

UNDER NO CIRCUMSTANCES WILL FixQC BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF ANY INTERRUPTION OF USE OF THE APP OR SERVICES, ANY LOSS OR CORRUPTION OF DATA, OR FOR ANY MATTER BEYOND THE REASONABLE CONTROL OF FixQC, EVEN IF FiQC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES FOR HARDWARE, SYSTEMS, NETWORKS, SOFTWARE, ALGORITHMS, MODELS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

IF YOU ARE DISSATISFIED WITH THE APP, THE DOCUMENTS OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ANY USES OF THE SERVICES AND UNINSTALL THE APP FROM YOUR MOBILE DEVICE OR COMPUTER.  

8. Miscellaneous.   (a) This Agreement is governed by the internal laws of New York without recourse to its conflict of laws rules, and if a claim is not arbitrable, then You and FixQC agree to submit to the exclusive jurisdiction of, and venue in, the courts of the County of New York, the State of New York in any dispute arising out of this Agreement or any other Document.  THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.

(b) Any dispute, controversy or claim arising out of or relating to this Agreement that is arbitrable shall be settled by arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (as expressly modified below), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Selection of an Arbitrator. A single arbitrator shall be selected to hear the arbitration. If the parties cannot agree on an arbitrator within thirty (30) days after acknowledgement of receipt of the initial arbitration demand by the AAA, the arbitrator shall be selected as provided for in the AAA’s Commercial Arbitration Rules. The arbitration shall be governed by the Federal Arbitration Act and the AAA’s Commercial Arbitration Rules. The arbitrator will base its decision on the terms of the Agreement and applicable law.