Legal

Terms of Service

Effective date: May 31, 2026 Last updated: May 31, 2026

These Terms of Service ("Terms") form a binding agreement between you and getFIXLY Inc., a Delaware corporation with a principal place of business at 131 Continental Dr., Suite 305, Newark, DE 19713 ("getFIXLY," "we," "us," or "our"), governing your access to and use of the websites, applications, products, and services we make available, including https://www.getfixly.app, https://www.getfixly.app/blog, https://community.getfixly.app, any associated mobile apps, and any features, content, tools, or functionality offered through them (collectively, the "Services").

Please read these Terms carefully. By creating an account, joining a waitlist, posting in our community, subscribing to a paid plan, or otherwise accessing or using the Services, you agree to be bound by these Terms and by any documents they incorporate by reference, including our Privacy Policy, Acceptable Use Policy, DMCA Policy, Cookie Policy, and Disclaimer.

Important: Section 16 contains a binding arbitration agreement and class-action waiver that affect how disputes between you and getFIXLY are resolved. Please read it carefully.

1. Who can use the Services

You may use the Services only if you can form a binding contract with getFIXLY. The Services are not directed to children under 16, and we do not knowingly collect personal information from children under 16. By using the Services you represent that you are at least 16 years old (or the age of digital consent in your country, whichever is higher) and, if you are using the Services on behalf of an organization, that you have authority to bind that organization to these Terms. If you are entering these Terms on behalf of a company or other legal entity, "you" refers to that entity.

You may not use the Services if you are barred from doing so under the laws of your jurisdiction or any applicable export, sanctions, or trade-control law.

2. The Services

getFIXLY provides a platform for new-construction handoff workflows — connecting homeowners, homebuilders, home inspectors, warranty representatives, and related professionals around punch lists, defect tracking, warranty claims, and repair coordination. The Services include, without limitation:

Marketing site and waitlist at https://www.getfixly.app, including informational content and the ability to register interest in beta access by submitting an email address and related information.
Blog at https://www.getfixly.app/blog, where we publish articles, may enable comments, and may permit subscription to email updates.
Community forum at https://community.getfixly.app, where registered users may create profiles, post topics, reply to others, upload images, send direct messages where enabled, and otherwise participate in discussions.
Paid software-as-a-service products for builders, inspectors, warranty representatives, homeowners, and other users to create projects, document defects, manage punch lists, track warranty claims, coordinate repairs, share project files, and collaborate with other parties involved in a home-construction or handoff workflow.
Mobile or desktop applications, integrations, APIs, and other tools we make available from time to time.

We may add, change, or remove features at any time, and we may make some features available only to certain user types, regions, or paid tiers. We may also offer features on a beta, preview, or evaluation basis (see Section 7).

3. Your account

To access most features of the Services you must create an account. When you do, you agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update that information, (c) keep your credentials confidential, and (d) be responsible for all activity that occurs under your account. You must notify us at support@getfixly.app promptly if you suspect unauthorized access.

If you create an account on behalf of a business (for example, a builder, inspection firm, or warranty administrator), you represent that you are authorized to do so, and the business is also bound by these Terms.

We may refuse to register, suspend, or terminate any account at our discretion, including (without limitation) where we believe an account has been used in violation of these Terms or applicable law.

4. Plans, fees, and billing

Some Services are offered free of charge; others require a paid subscription, one-time purchase, or fee ("Paid Services"). For Paid Services:

Pricing. Fees, billing frequency, included usage, and any overage charges will be presented at the point of purchase or in an order form. Unless otherwise stated, fees are quoted in U.S. dollars and exclusive of taxes. You are responsible for all applicable taxes and similar charges.
Authorization. You authorize us, or our payment processor, to charge your designated payment method for all fees due. If a charge is declined, we may suspend access until payment is resolved.
Renewals. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel from your account settings or by emailing support@getfixly.app.
Refunds. Except where required by law or as expressly stated in a specific offer, fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades.
Free trials and promotions. If we offer a free trial or promotional period, we will tell you the terms (length, what converts to paid, how to cancel). If you don't cancel before the trial ends, we may begin charging your payment method.
Price changes. We may change pricing for renewals on at least thirty (30) days' notice; if you don't accept the change, you may cancel before the next renewal.

5. License to use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal use or, if you're using the Services on behalf of an organization, that organization's internal business purposes.

You may not (and may not allow anyone else to): (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent that applicable law expressly permits despite this limitation; (c) resell, sublicense, lease, time-share, or otherwise commercially exploit the Services to third parties; (d) use the Services to develop a competing product; (e) remove, obscure, or alter any proprietary notices on the Services; (f) use any robot, scraper, crawler, or similar automated means to access the Services other than through our publicly documented interfaces and within the rate limits we publish; or (g) use the Services in violation of any applicable law or our Acceptable Use Policy.

6. Your content

The Services let you submit, upload, publish, post, transmit, or otherwise make available content, including text posts, comments, replies, photos, videos, project records, punch-list items, defect descriptions, file attachments, profile information, and feedback ("User Content").

You retain ownership of your User Content. You don't transfer ownership of your User Content to us by submitting it.

License to us. You grant getFIXLY a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (e.g., to make technical adaptations such as resizing or transcoding), publish, publicly display, publicly perform, distribute, and create derivative works of your User Content, but solely for the purpose of operating, improving, marketing, and providing the Services. This license continues for as long as your User Content remains on the Services. The license ends a reasonable time after you remove your User Content from the Services, except (i) for content that you've shared with other users who haven't deleted it, (ii) for backups and other operational copies that we retain in accordance with our standard procedures, and (iii) where retention is required by law.

Public content. Content you post in public areas of the Services (for example, public forum threads, blog comments, or public profile fields) may be visible to other users and to non-users via search engines. Don't post anything publicly that you wouldn't want to be public.

Your representations. By submitting User Content you represent and warrant that (a) you own it or have all necessary rights and permissions to submit it and to grant the licenses above; (b) it does not infringe any third party's intellectual-property, privacy, publicity, or other rights; (c) it complies with these Terms, the Acceptable Use Policy, and all applicable laws; and (d) it is accurate and not misleading.

Removal. We may, but are not obligated to, monitor or review User Content. We may remove, refuse to publish, or restrict access to User Content at our discretion, including content we believe violates these Terms, the Acceptable Use Policy, or applicable law, or that we believe creates risk for us, our users, or third parties. We may also disable accounts that repeatedly post infringing or violating content.

Builder, inspector, and warranty data. If you submit information about other parties (for example, identifying a builder by name in a defect report, naming an inspector in a review, or attaching contractor invoices), you represent that you have a lawful basis to do so and that the content is accurate and presented fairly. Reviews and statements about identifiable people or businesses must be your honest opinion and accurate as to facts. We may remove content we believe is defamatory, harassing, or otherwise unlawful.

Project data and customer data. Where you use the paid SaaS Services to manage construction-handoff workflows, project data you upload (punch lists, defect photos, contracts, warranty correspondence, etc.) is treated as your User Content. If you are using the Services on behalf of an organization, the organization is the controller of that data; if a Data Processing Addendum applies, that document governs how we process the data on your behalf in addition to these Terms.

7. Beta and pre-release Services

We may make some Services or features available on a beta, preview, alpha, evaluation, or "early access" basis ("Beta Services"). Beta Services are provided "as is" and "as available," may be incomplete, may contain bugs or errors, may change or be withdrawn at any time, and are excluded from any service-level commitments. We may collect data about your use of Beta Services to improve them. Don't use Beta Services for production-critical workflows unless you've accepted that risk.

8. Acceptable use

You agree to comply with our Acceptable Use Policy (/legal/acceptable-use), which is incorporated into these Terms by reference. Violations of the Acceptable Use Policy are violations of these Terms.

9. Third-party content, services, and links

The Services may include content, links, or integrations to or from third-party websites, products, or services we don't control (for example, builder websites, inspector reports, warranty providers, payment processors, single-sign-on providers, calendar tools, or analytics vendors). We don't endorse and aren't responsible for any third-party site or service. Your dealings with any third party are solely between you and that third party.

Some forum posts, blog comments, and other User Content may include opinions about specific builders, inspectors, products, or services. Those opinions are the views of the user who posted them and not the views of getFIXLY.

10. Intellectual property

Our IP. The Services and all content we provide (other than User Content) — including software, designs, text, graphics, logos, trademarks, and the look and feel of the Services — are owned by getFIXLY or our licensors and are protected by intellectual-property laws. We reserve all rights not expressly granted to you in these Terms.

Trademarks. "getFIXLY," the getFIXLY logo, and any other product or service names used on the Services are trademarks of getFIXLY Inc.. You may not use them without our prior written consent.

Feedback. If you give us suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use the feedback for any purpose without obligation to you.

11. Copyright complaints (DMCA)

If you believe content on the Services infringes your copyright, see our DMCA Policy at /legal/dmca for the procedure to send a takedown notice to our designated agent. We respond to valid notices in accordance with the U.S. Digital Millennium Copyright Act and may terminate the accounts of repeat infringers.

12. Privacy

Our Privacy Policy (/legal/privacy) explains how we collect, use, and share information about you. By using the Services you consent to our handling of information as described in the Privacy Policy.

13. Disclaimers

THE SERVICES AND ALL CONTENT, INCLUDING USER CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, getFIXLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that defects will be corrected. We do not warrant the accuracy, reliability, completeness, or usefulness of any content, including User Content or third-party content, available through the Services.

Not professional advice. The Services and any content available through them — including blog articles, forum posts, defect descriptions, warranty information, repair suggestions, or builder/inspector reviews — are for general informational purposes only. They are not legal, financial, engineering, construction, inspection, real-estate, insurance, or other professional advice. See our Disclaimer at /legal/disclaimer. You should consult a qualified, licensed professional before making decisions about a home, a contract, a warranty claim, a repair, or any related matter.

Some jurisdictions don't allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL getFIXLY, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, ANY USER CONTENT, OR ANY THIRD-PARTY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) getFIXLY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID TO getFIXLY FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED U.S. DOLLARS (US$100).

The limitations in this Section 14 apply to the maximum extent permitted by law and apply even if a remedy fails of its essential purpose. Some jurisdictions don't allow certain limitations of liability, so some of these limitations may not apply to you.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless getFIXLY and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your User Content, (c) your violation of these Terms or any incorporated policy, (d) your violation of any law or any third-party right (including intellectual-property, privacy, or publicity rights), or (e) any dispute between you and any other user or third party.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

16. Dispute resolution; binding arbitration; class-action waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.

(a) Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally. Send a written notice describing the dispute to legal@getfixly.app (with a copy by mail to 131 Continental Dr., Suite 305, Newark, DE 19713, Attn: Legal). We'll try to resolve the dispute by contacting you. If we can't resolve it within sixty (60) days, either of us may pursue formal proceedings.

(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that isn't resolved informally will be resolved by binding individual arbitration administered by JAMS under its applicable consumer rules then in effect. The arbitration will be conducted in New Castle County, Delaware or, at your election, in your home city if you are a U.S. consumer. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.

(c) Class-action waiver. YOU AND getFIXLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(d) Exceptions. Either party may (i) bring a claim in small-claims court if the claim qualifies, (ii) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual-property rights, and (iii) opt out of arbitration as described below.

(e) Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@getfixly.app within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out won't affect any other part of these Terms.

(f) Governing law. These Terms and any dispute arising under them are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16.

(g) Venue for non-arbitrable matters. Any judicial proceeding that's not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and we consent to personal jurisdiction in those courts.

(h) Severability. If any portion of this Section 16 is found unenforceable, that portion will be severed and the remainder will continue to apply, except that if the class-action waiver is found unenforceable, this entire arbitration section will be void.

17. Termination

You may stop using the Services at any time. You may close your account from your account settings or by emailing support@getfixly.app.

We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including if we believe you have violated these Terms or applicable law, or if continuing to provide the Services to you creates risk to us, our users, or third parties. Where reasonable, we will give you advance notice and an opportunity to cure.

Upon termination: (a) your right to use the Services ends immediately; (b) we may delete your User Content (subject to backup retention and legal hold); and (c) Sections 6 (User Content license), 10 (IP), 13–16 (disclaimers, liability, indemnity, dispute resolution), and any other provisions that by their nature should survive, will survive.

18. Changes to the Services and to these Terms

We may change, suspend, or discontinue the Services (or any feature or part of them) at any time. We'll try to give reasonable notice of material changes that affect paid features.

We may also modify these Terms from time to time. If we make material changes, we'll notify you (for example, by email to the address on your account or by a conspicuous notice on the Services) at least thirty (30) days before the changes take effect, unless faster changes are required by law. Your continued use of the Services after the changes take effect means you accept the updated Terms. If you don't agree, your remedy is to stop using the Services and close your account.

19. Notices

We may give you notices through the Services, by email to the address on your account, or by other reasonable means. Notices to us must be sent to legal@getfixly.app (with a copy by mail to 131 Continental Dr., Suite 305, Newark, DE 19713, Attn: Legal) and are effective when received.

20. Export controls and sanctions

You represent and warrant that you are not (a) located in a country subject to a U.S. government embargo, or (b) listed on any U.S. government list of prohibited or restricted parties. You agree not to use the Services in violation of U.S. export-control or sanctions laws.

21. Government users

If you are a U.S. federal, state, or local government entity, the Services are "commercial items" as defined in 48 C.F.R. § 2.101 and are licensed to you with only those rights granted to all other users under these Terms.

22. Miscellaneous

Entire agreement. These Terms (together with the documents they incorporate by reference and any order forms or supplemental terms you accept) are the entire agreement between you and getFIXLY about the Services.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Severability. If any provision is held unenforceable, the rest will remain in effect.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
No third-party beneficiaries. Except as expressly stated, these Terms don't create any third-party beneficiary rights.
Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Headings. Headings are for convenience only and do not affect interpretation.

23. Contact us

If you have questions about these Terms, contact us at:

getFIXLY Inc. 131 Continental Dr., Suite 305, Newark, DE 19713 Email: legal@getfixly.app Support: support@getfixly.app