Expert Terms

Last Updated: August 26, 2015

Welcome to 6ya! You’re reading our Terms of Service ("Terms"), an agreement between you and Fixya Ltd, for your use of our service which directly connects you as a repair expert ("Expert") with users who need help figuring out how to fix problems they have with specific products. Our service is available via our website (www.6ya.com; "Site") and mobile app ("App"). To make these Terms easier to read, the Site, App and services we provide are together called "Services".

You’ll notice that some words appear in quotes in these Terms. They’re called "defined terms," and we use them so we don’t have to repeat the same language over and over again, and to make sure that the Terms are consistent. We’ve included the defined terms throughout to make the Terms easier for you to read.

Your Agreement with Fixya

You should read these Terms carefully before you accept them or use the Services. We’ve tried to be straightforward and if you have any questions feel free to send us a note at support@6ya.com. We want you to feel comfortable using our Services and will happily answer any questions you have – just send us an email to support@6ya.com. By using the Services, including by downloading the App, you agree to these Terms.

If you don’t agree with the Terms then you aren’t permitted to use the Services - sorry.

You must be at least 18 years old to use the Services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "DISPUTE RESOLUTION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FIXYA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Changes to the Terms or Services

We might change these Terms from time to time, but we’ll notify you when we make any changes. The changes become effective when the revised Terms are posted (check the date at the top of this page!) unless we tell you otherwise. If you continue to use the Services after we’ve told you about any changes, that means that you have accepted the revised Terms.

Changes to the Terms or Services

We might change these Terms from time to time, but we’ll notify you when we make any changes. The changes become effective when the revised Terms are posted (check the date at the top of this page!) unless we tell you otherwise. If you continue to use the Services after we’ve told you about any changes, that means that you have accepted the revised Terms.

We’re always striving to make the Services better and because they are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion. e.g., We might stop providing a feature that our users don’t like or use very often.

Privacy Policy

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.

How the Services Work

Through the Services, you can provide advice to our users about problems they are having with particular products (the "Expert Services"). Users will submit requests for assistance about repairs needed for their product(s) ("User Product(s)") and the requests will be routed to Experts with applicable expertise and availability.

If you accept a request, the Services will connect you with the applicable user so that you can help advise on the user’s problem with the User Product. This discussion is a "Service Call". You agree that a Service Call won’t be longer than six minutes.

The Expert Services will include, but are not limited to, the following:

  • Engaging in direct conversations with users, by video-chat or voice-chat;
  • Evaluating videos or photos of a User Product and descriptions of the problem with the User Product;
  • Providing suggestions to the user about potential repairs for a User Product; and
  • Keeping Fixya apprised of any issues regarding any User or other matters relating to the Services that require Fixya’s attention.

At the end of each Service Call, the applicable user will be invited to rate his or her satisfaction with your performance on the Service Call. You will be notified of any negative ratings submitted by a user. You understand and agree that negative ratings from users may affect the timing and number of request notifications you receive, and that Fixya reserves the right to terminate these Terms if you receive repeated negative ratings from users.

No Endorsement; You Are Not a Fixya Employee

We welcome all Experts. However, we don’t endorse any Experts or Service Calls. We don’t routinely conduct background checks on any Expert, but we reserve the right to do so on a discretionary basis and you agree to co-operate with us and to provide us with all information we request from you in the event that we decide to conduct a background check on you. We’re not responsible for any damage or harm resulting from your communications or interactions with Users. As an Expert, you are not a Fixya employee or agent; rather you are an independent person who wants to provide advice to users via Service Calls. We don’t supervise, direct, or control how, you work or participate in Service Calls. You can accept as many requests as you like -there are no minimums or maximums and you don’t have to be available all the time. Fixya makes no guarantee to you with respect to how many requests may be sent to you or how many Service Calls you may complete.

Fixya Code of Conduct

You agree to comply with the Fixya Code of Conduct described below.

You agree that you WILL:

  • Perform the Expert Services yourself;
  • Provide the Expert Services in a professional manner, using your best judgment;
  • Disclose any conflicts of interest to Fixya and not provide Expert Services to any user where a conflict of interest arises;
  • Keep all user information confidential and not disclose it to any third parties; and
  • Cooperate with Fixya employees and third parties to the extent reasonably necessary to provide the Expert Services.

You agree that you WON’T:

  • Allow any other person to use your Account;
  • Make any statement, whether to a user or publicly, that is untrue or misleading regarding what you offer as a repair expert, what services Fixya provides or what a user may expect from the Services;
  • Misrepresent your professional qualifications, expertise, experience, and certifications;
  • Record any conversation with a user;
  • Ask or require any user to provide any personal information to you;
  • Disparage Fixya or the goods, products, or services of any third party;
  • Discuss the details of your compensation from Fixya with users;
  • Represent to users or other third parties that you are an employee or agent of Fixya;
  • Engage with a Fixya user to provide Expert Services independent of the Services;
  • Give any user information or advice you know or believe to be misleading or false;
  • Encourage, support or solicit any user to engage in illegal or unethical behavior; or
  • Engage in illegal or unethical behavior in your performance of the Expert Services.

You acknowledge that Fixya has entered into these Terms with you based on your representations about your ability and qualifications to perform the Expert Services. It’s up to you to procure the materials and equipment that you might need to provide the Expert Services, and you’re responsible for expenses such as office space, supplies, Internet connection, technology devices, mobile telephones (including data plans), transportation and meals.

Your Account

You’ll have to create an account to use the Services ("Account"). You can do this: (a) by submitting your mobile phone number, or (b) through your Facebook account. By providing a mobile phone number in connection with your Account, you agree to receive an account verification text message from us. Please keep your Account information up-to-date. You’re responsible for all activity that occurs through your Account so if you discover or suspect that someone is hacking into your Account, please let us know as soon as possible. When registering your Account, you must provide information related to your professional experience in repairing items. Fixya will review the information you provide and may choose to speak with you to verify the information.

What do Experts Get Paid?

For Service Calls Less than One Minute Long: You won’t be paid anything for a Service Call that is less than one minute long.

For Service Calls Longer than One Minute: You’ll be paid USD $3.00 (the "Service Call Fee") for any Service Call that is longer than one minute, no matter how long it is. From time to time, Fixya may increase the Service Call Fee payable to you (for example, during peak times of Services usage). If this applies, you’ll be notified of an increased Service Call Fee through the App prior to your acceptance of the Service Call. When you’re notified of an increased Service Call Fee, the increased fee only applies to that particular Service Call.

You can view a report of the Service Calls you’ve already performed and any Service Call Fees associated with these calls through the App. If you believe that any of the data related to your Service Calls contains an error, please contact us at experts@6ya.com.

We’ll pay you Service Call Fees within 30 days of the end of each calendar month, for the Service Calls you performed in such calendar month. We’ll pay you in U.S. dollars by automated transfer into the bank account that you provide to Fixya. We have engaged a third party payment processor to help us with processing payments to Experts, and you authorize us to share personal information and transaction information with that payment processor as necessary to effect any payments to you.

We hope that all our Experts will comply with the Fixya Code of Conduct. However, if we believe that you’re engaging in any fraudulent or suspicious activity, we may withhold payment of any Service Call Fees to you while we conduct an investigation. If we determine that you’ve performed any Expert Services in violation of the Fixya Code of Conduct or these Terms, or otherwise engaged in any fraudulent activities in performing the Expert Services, we won’t pay you any Service Call Fees related to such Expert Services.

Your Use of the Services

We’ve worked hard to develop the Services and they are a core part of the Fixya business. As a result, we own or have rights to all intellectual property rights in the Site, the App, and the Services. We grant you a non-exclusive license to access and use the Services for your personal, non-commercial use. With respect to the App, you are only allowed to use the Services on your own mobile devices. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services; or (iv) make the functionality of the Services available to multiple users through any means. The license also governs any upgrades provided by Fixya that replace and/or supplement parts of the Services (e.g. the App), unless the upgrade is accompanied by a separate license, which we’ll tell you about as necessary.

Representations and Warranties

You represent and warrant that: (a) in performing Expert Services, you are not breaching any other agreement to which you are bound; (b) your performance of the Expert Services won’t infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or other rights of any third party; and (c) your performance of the Expert Services will comply with all applicable laws.

DMCA/Copyright Policy

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Fixya Account holders and users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy for further information.

Feedback

We welcome your suggestions, comments or other feedback about the Services ("Feedback"). Feedback helps us to improve the Services to make them better and easier for you to use. You agree that we are free to do what we like with any Feedback you provide without any compensation or other obligation to you.

Third Party Software

Certain features of the Services may require the use of separate third party software (for example, Flash), which you must download on to your mobile device from the site of the licensor of such third party software. Such third party software is governed by the license agreement provided by the licensor of such third party software and not these Terms.

OK. We get it. There’s a lot to digest in these Terms. But we’re not done yet! The following sections are driven in large part by legal precedent (so please bear with us) and we don’t have a lot of flexibility with the language. Among other things, these sections say that Fixya, as a platform connecting you with users, is not responsible if something goes wrong.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, OR COURSE OF DEALING.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FIXYA AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, AND THE CONDUCT OF USERS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF FIXYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

THE TOTAL LIABILITY OF FIXYA AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT EXCEED THE SERVICE CALL FEES ACTUALLY PAID TO YOU (IF ANY) IN THE 12 MONTHS PRIOR TO THE OCCURRENCE OF SUCH LIABILITY.

Indemnification

You will defend, indemnify and hold Fixya and its officers, directors, employees and agents harmless from all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or connected with your (i) use of the Services, (ii) provision of Expert Services, or (iii) violation of these Terms.

Consent to Electronic Communications

By using the Services, you agree that we may communicate with you via email regarding your use of the Services.

Suspension and Termination

We can suspend or terminate your Account or access or use of the Services at any time and for any reason without notice to you. Upon such termination: (a) unless Fixya terminates these Terms for your breach of these Terms, Fixya will pay you any Service Call Fees due and owing for any Expert Services performed before the date of termination; and (b) your agreement with us under these Terms will automatically terminate, but the following Terms will survive: Your Use of the Services, Representations and Warranties, Disclaimer, Limitation of Liability, Indemnification and Dispute Resolution.

Dispute Resolution

Governing Law

These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.

We Both Agree To Arbitrate

You and Fixya agree to resolve any claims relating to these Terms through final and binding arbitration, except as set forth under "Exceptions to Agreement to Arbitrate" below.

Opt-out of Agreement to Arbitrate

You can decline this agreement to arbitrate by contacting legal@6ya.com within 30 days of first accepting these Terms and stating that you decline this arbitration agreement.

Arbitration Procedures

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Mateo, California, or any other location we agree to.

Arbitration Fees

The AAA rules will govern payment of all arbitration fees. Fixya will pay all arbitration fees for claims less than $75,000. Fixya will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate

Either you or Fixya may assert claims, if they qualify, in small claims court in San Mateo, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Fixya agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo County, California. Both you and Fixya consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

General

These Terms make up the entire agreement between you and us regarding the Services and they supersede any prior agreements between us.

We can enforce these Terms at our sole discretion. If any provision of these Terms becomes unenforceable, then that provision will be superseded by a valid, enforceable provision that matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

You may not assign these Terms, without Fixya’s prior written consent. Fixya may freely assign these Terms.

Unless otherwise stated, any notices or other communications provided by Fixya under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Fixya’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fixya. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.