Last Updated: October 25, 2017
Welcome to 6ya! You’re reading our Terms of Service ("Terms"), an agreement between you and 6ya Inc, for your use of our service which directly connects you with experts who can help you figure out how to solve a problem you have with a product. 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 6ya
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 email@example.com. We want you to feel comfortable using our Services and will happily answer any questions you have - just send us an email to firstname.lastname@example.org
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 6ya 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.
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.
How the Services Work
Through the Services, you can submit a request to consult with an expert ("Expert") about a problem you have with a product and you’ll be connected to an Expert through the App or your phone line for a "Service Call." During the Service Call, the Expert will provide certain basic diagnostic advice on what might be wrong with the product and let you know whether you likely can fix it yourself or if you should take it to a repair shop or the original store or manufacturer. The Expert will not actually perform any repair. At the end of each Service Call, you can complete a customer satisfaction survey and rate the Expert. Please don’t share any information about yourself with the Expert, except perhaps your first name. Any dispute that you may have regarding performance on a Service Call is between you and the applicable Expert. That said, you should use good judgment when using the Services and please report any inappropriate behavior by an Expert to us at: email@example.com and we’ll see what we can do.
6ya isn’t in the Repairs Business – 6ya is a Technology Platform Service Provider
One thing we want to make clear is that, through the Services, 6ya offers a platform to allow you to connect with an Expert. Experts are not 6ya employees or agents. 6ya doesn’t participate in the Service Call and doesn’t endorse, verify or vouch for any Experts. We don’t have an obligation to conduct background checks on any Expert, but we might do so on a discretionary basis.
If you don’t like or disagree with the advice provided by an Expert, don’t follow it. The Expert’s advice isn’t a substitute for any other specialized advice you may receive relating to your request and 6ya isn’t responsible for any damage to, or replacement or repair of, any of your property resulting from you following an Expert’s advice. We’re not responsible or liable for the conduct of any Experts or other users, or your interactions with them.
Your access to and use of the Services is at your own risk and 6ya disclaims all warranties, express or implied, and limits its liability in these Terms. You’ll see that we’ve included a disclaimer towards the end of these Terms. We don’t warrant that any Expert will meet your expectations in performing any Services.
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 calls and text messages 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.
As a User, you agree to pay the amounts charged for your use of the 6ya Platform and Services (“Charges”). Charges include Call Fee plus any tips to the Expert that you elect to pay. 6ya has the authority and reserves the right to determine and modify pricing from time to time by its sole discretion. Pricing may vary based on the category you request (e.g., Computers, Legal, Health), Expert availability, or changes in demand. You will always be able to view the Call Rate prior to requesting a call and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
There are two types of Call Fees, Standard and Prime.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from 6ya, its affiliated companies and/or Experts, may include but are not limited to: operational communications concerning your User account or use of the 6ya Platform or Services, updates concerning new and existing features on the 6ya Platform, communications concerning promotions run by us or our third- party partners, and news concerning 6ya and industry developments.
Standard phone call and text messaging charges applied by your cell phone carrier will apply to text messages we send and calls you receive through the platform.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” TO 16504450722 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE 6YA PLATFORM OR THE SERVICES. HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE 6YA PLATFORM OR THE SERVICES.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable 6ya to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. 6ya does not assert any ownership over your Information; rather, as between you and 6ya, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Promotions and Referral Programs
6ya, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with 6ya. 6ya reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that 6ya determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, 6ya may provide you with or allow you to create a “6ya Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new 6ya User (“Referred User”) or Experts (“Referred Expert”). 6ya Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your 6ya Code. 6ya reserves the right to deactivate or invalidate any 6ya Code at any time in 6ya’s discretion.
From time to time, 6ya may offer you with incentives to refer new Users to the 6ya community (the “Referral Program”). These incentives may come in the form of Free Calls or 6ya Credits, and 6ya may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of 6ya Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules
Your Use of the Services
We’ve worked hard to develop the Services and they are a core part of the 6ya 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. That means that you won’t try to run a business through the Site or the App or your use of the Services. With respect to the App, you are only allowed to use the Services on your own 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 6ya that replace and/or supplement parts of the Services (e.g. the App) App, unless the upgrade is accompanied by a separate license, which we’ll tell you about as necessary.
Rights Fixya Needs from You
Just like 6ya owns intellectual property rights in the Services, you own intellectual property rights in your own content. Posts you make to the Site or App, including the text of your requests, or a photograph taken by you of the part of the product that you want to repair are all examples of content submitted by you. Under these Terms, you grant us a license (including the right to sublicense) to use, reproduce, modify, publish, publicly display and otherwise exploit such content only in connection with provision of the Services to you.
You Must Use the Services Responsibly - What Not to Do
We really want everyone to have a great experience and to feel safe when using the Services. Accordingly, you agree that you won’t do any of the following:
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances 6ya 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.
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 6ya, as a platform connecting you with Experts, is not responsible if something goes wrong.
THE SERVICES (INCLUDING THE SERVICE CALLS AND EXPERTS’ ADVICE) 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 6ya 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 ADVICE PROVIDED BY EXPERTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF 6ya 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 6ya AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT EXCEED THE CALL FEES YOU ACTUALLY PAID TO 6ya (IF ANY) IN THE 12 MONTHS PRIOR TO THE OCCURRENCE OF SUCH LIABILITY.
You will defend, indemnify and hold 6ya 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 use of the Services, or your 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. If that happens, your agreement with us under these Terms will automatically terminate, but the following Terms will survive: 6ya isn’t in the Repairs Business - 6ya is a Technology Platform Service Provider, Your Use of the Services, Rights 6ya Needs from You, Disclaimers, Limitation of Liability, Indemnification and Dispute Resolution.
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 ArbitrateYou 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 firstname.lastname@example.org within 30 days of first accepting these Terms and stating that you decline this arbitration agreement.
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 FeesThe AAA rules will govern payment of all arbitration fees. 6ya will pay all arbitration fees for claims less than $75,000. 6ya will not seek its attorney' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate
Either you or 6ya 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 6ya agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Mateo, California. Both you and 6ya consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
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 6ya’s prior written consent. 6ya may freely assign these Terms..
Unless otherwise stated, any notices or other communications provided by 6ya 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.
6ya’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 6ya. 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.