Last Updated: Dec 15, 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 with repair 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 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 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 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.
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 a repair expert ("Expert") about a problem you have with a product and you’ll be connected to an Expert through the App for a "Service Call." During the Service Call, which will be no longer than six minutes, 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.
Fixya isn’t in the Repairs Business – Fixya is a Technology Platform Service Provider
One thing we want to make clear is that, through the Services, Fixya offers a platform to allow you to connect with an Expert. Experts are not Fixya employees or agents. Fixya 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 Fixya 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 Fixya 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 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.
What does it all Cost?
Free Trial and Subscriptions
From time to time, we may offer free trial memberships for a new users for a specified period of time which will be communicated to you (if offered) when you register for an Account. If we offer you a free trial membership, the free trial will begin when you enter your credit card details, and will finish at the end of the specified time.
If a free trial membership applies to you, at the end of your free trial period, your membership will revert to a paid monthly subscription, unless you unsubscribe before the end of the free trial period. You agree to pay Fixya the applicable "Subscription Fee" listed in our fee schedule. We’ll charge the debit or credit card you provide to us for the Subscription Fee on the day after your trial period ends (unless you unsubscribe from the Services beforehand) and after that you’ll be charged monthly on the anniversary of that day unless you unsubscribe or we terminate your Account.
If a free trial membership does not apply to you, your membership will start as a paid monthly subscription. You agree to pay Fixya the applicable Subscription Fee, and your debit or credit card will be charged for the Subscription Fee when you enter your credit card details at the outset. After that you’ll be charged monthly on the anniversary of that day unless you unsubscribe or we terminate your Account.
You authorize us (or our authorized payment processor) to charge your credit or debit card for the Subscription Fee.
If for any reason we are unable to process payment of a Subscription Fee, you will be blocked from using the Services until you provide updated payment information.
Changes to Subscription Fees
We may change or waive the Subscription Fee for any membership plan in our sole discretion. If we decide to do so for your membership plan, we’ll send you an email in advance of the change being made, and give you the option to unsubscribe from the Services. If you don’t unsubscribe from the Services before your next payment is due, you will be deemed to have agreed to pay the new Subscription Fee.
Cancellation and No Refunds
You can cancel your membership at any time through the functionality available on the Services or by emailing firstname.lastname@example.org. If you cancel, you’ll continue to have access to the Services through to the end of your applicable billing/subscription period for Subscription Fees, when your access will cease. We won’t refund any payments that have already been made, or make any partial refunds if you cancel part way through your billing/subscription period.
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. 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 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) 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 Fixya 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 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.
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 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 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 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 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 SUBSCRIPTION FEES YOU ACTUALLY PAID TO FIXYA (IF ANY) IN THE 12 MONTHS PRIOR TO THE OCCURRENCE OF SUCH LIABILITY.
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 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: Fixya isn’t in the Repairs Business - Fixya is a Technology Platform Service Provider, Your Use of the Services, Rights Fixya 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 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 email@example.com 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.
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, California. Both you and Fixya 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 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.