Terms of Service
Effective September 29, 2026 · Last updated October 8, 2026
These Terms of Service ("Terms") are a binding legal agreement between you and OLUM LLC, a New Mexico limited liability company doing business as Fixerlane ("Fixerlane," "we," "us," or "our"), and govern your use of fixerlane.com, our mobile apps, and our related services. The Fixerlane mobile apps are published on Google Play and the Apple App Store under the developer name inParlor Technologies, which makes them available on behalf of OLUM LLC; these Terms apply to the apps whichever store you download them from.
IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER (SECTION 28) THAT APPLY TO YOU AND TO FIXERLANE EQUALLY. UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 28.9, DISPUTES BETWEEN YOU AND FIXERLANE WILL BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT. THESE TERMS ALSO CONTAIN AN ASSUMPTION OF RISK (SECTION 22), A RELEASE OF CLAIMS ABOUT OTHER USERS AND THE WORK THEY DO (SECTION 23), DISCLAIMERS OF WARRANTIES (SECTION 24), A CAP ON OUR LIABILITY (SECTION 25), INDEMNITY OBLIGATIONS (SECTION 26), A ONE-YEAR DEADLINE TO BRING CLAIMS (SECTION 33.8), AND, FOR PRO SUBSCRIPTIONS, AUTOMATIC RENEWAL (SECTION 11). PLEASE READ THEM CAREFULLY.
1. About these Terms#
1.1 Agreement. When you create an account, claim a listing, request a quote or booking, post a job, send or approve a quote, pay an invoice, or start a free trial, we will show you a link to these Terms and our Privacy Policy and ask you to take an action (such as tapping a button or checking a box) that confirms you agree. By taking that action, or by otherwise accessing or using the Services after being given notice of these Terms, you agree to these Terms. Our Privacy Policy explains how we handle personal information. If you do not agree, do not use the Services. We may keep a record of when you accepted these Terms.
1.2 Acting for a business. If you use the Services on behalf of a business or other entity, you represent that you are authorized to bind that entity, and "you" includes that entity. The entity is responsible for the acts and omissions of everyone who uses the Services under its account, including its owners, employees, team members, and contractors.
1.3 Additional terms. Some features have additional terms or policies that we present when you use them (for example, promotion rules, beta-program terms, or the terms of our third-party payment processor). Those terms are incorporated into these Terms. If they conflict with these Terms, the additional terms control for that feature only.
1.4 Key definitions.
- "Services" means the Fixerlane websites (including fixerlane.com), mobile apps, the public directory, the marketplace, the pro business software, and any related features, content, and communications we provide.
- "Pro" means a home-service business, and anyone acting for it, that appears in the directory, claims a listing, sends offers or quotes, or uses our business software. "Team Member" means an individual a pro invites to use the Services under the pro's account.
- "Customer" means a homeowner, renter, property manager, or anyone else who uses the Services to find, request, book, communicate with, or pay a pro, including a pro's own clients who use a client-facing page or portal (the "Client Hub").
- "User" means anyone who uses the Services, including pros, Team Members, and customers.
- "Pro Services" means any service, work, labor, materials, or products a pro offers or provides to a customer, whether or not arranged through the Services.
- "Content" means text, photos, videos, audio, voice notes, reviews, messages, quotes, invoices, listings, and any other material submitted to or made available through the Services.
- "Pro Data" means data a pro or its Team Members enter into or collect through the pro business software about the pro's business, clients, jobs, and team.
2. What Fixerlane is — and what it is not#
2.1 What we do. Fixerlane provides technology that helps customers find and communicate with local home-service businesses, and helps those businesses run their operations. We provide (a) a public directory of pros across the United States; (b) a marketplace where customers can request quotes and bookings or post jobs and receive offers from nearby pros; and (c) business software for pros.
2.2 FIXERLANE IS A VENUE AND TECHNOLOGY PROVIDER ONLY. FIXERLANE DOES NOT PERFORM, PROVIDE, SUPERVISE, DIRECT, CONTROL, INSPECT, OR GUARANTEE ANY PRO SERVICES. FIXERLANE IS NOT A CONTRACTOR, SUBCONTRACTOR, HOME-IMPROVEMENT BUSINESS, BROKER, REFERRAL AGENCY FOR LICENSED TRADES, EMPLOYER, STAFFING AGENCY, INSURER, OR GUARANTOR, AND DOES NOT HOLD ANY TRADE OR CONTRACTOR LICENSE FOR PRO SERVICES.
2.3 Pros are independent third parties. Pros are independent businesses. They are not employees, agents, joint venturers, partners, or representatives of Fixerlane. Pros alone decide whether to accept a job, how to do the work, which tools and materials to use, who performs the work, what to charge, and when to work. Pros may, and many do, find work through other sources. Nothing in these Terms or in how the Services work gives Fixerlane the right to control how any pro performs Pro Services.
2.4 We are not a party to your contract. Any agreement for Pro Services — including any quote, estimate, proposal, work order, change order, invoice, warranty, or payment arrangement — is made solely between the customer and the pro, even if it is created, displayed, sent, signed, approved, or paid through the Services. Fixerlane is not a party to, and has no obligations under, that agreement.
2.5 No guarantee program. Unless we expressly publish a separate written guarantee or protection program with its own terms, Fixerlane does not offer any guarantee, warranty, insurance, money-back promise, or damage protection for Pro Services.
2.6 Not an emergency service. The Services are not for emergencies. If there is a fire, gas leak, flooding hazard, electrical hazard, medical emergency, or threat to anyone's safety, call 911 or the appropriate utility immediately.
3. Eligibility#
3.1 Age and capacity. You must be at least 18 years old and able to form a binding contract to use the Services. The Services are not directed to children, and you may not register an account for anyone under 18.
3.2 Location. The Services are intended for use in the United States. If you access them from elsewhere, you do so at your own risk and are responsible for complying with local law.
3.3 Restrictions. You may not use the Services if we have previously suspended or removed you, or if you are subject to U.S. sanctions or on a U.S. government restricted-party list.
4. Accounts and security#
4.1 Accurate information. You agree to give us accurate, current, and complete information and to keep it updated. Pros must use their real legal business name and accurate contact, license, and service information.
4.2 Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Use a strong, unique password and turn on any additional security features we offer. Tell us promptly at [email protected] if you suspect unauthorized access.
4.3 Team Members. A pro that invites Team Members controls their access and permissions and is responsible for everything they do in the Services. When a Team Member leaves, the pro must remove their access promptly.
4.4 Account ownership disputes. If there is a dispute about who controls a pro account or listing, we may ask for documentation (such as a business license, formation document, or government ID) and may make a reasonable determination, which you agree to accept. We may suspend access while we sort it out.
4.5 One account per role. Unless we allow otherwise, you may not create multiple accounts to evade limits, reviews, or enforcement.
4.6 Checks we may run. To the extent permitted by law, we may (but are not required to) verify information you give us, such as your identity, phone number, email, business registration, or licensing, ourselves or through third-party sources. You authorize us to do so. We may refuse, suspend, or limit an account or listing based on the results, or if you do not cooperate with a reasonable verification request. Running a check does not mean we have vetted you for any purpose (see Section 6).
5. The public directory, listing claims, and removal#
5.1 How listings are created. The directory includes listings that businesses create or claim, and listings we compile from publicly available business information (for example, business and contact names, city, state, and ZIP code, service categories, phone numbers, email addresses and websites published by the business, hours, and similar business details) that the business has not yet claimed ("Unclaimed Listings"). Unclaimed Listings are labeled as unclaimed or otherwise distinguished from claimed listings.
5.2 No affiliation implied. An Unclaimed Listing does not mean the business has joined Fixerlane, agreed to these Terms, endorsed Fixerlane, or authorized any content. Information in Unclaimed Listings may be incomplete, outdated, or inaccurate. Customers should confirm details directly with the business.
5.3 Claiming a listing. An authorized representative of a business may claim its listing by following our verification process. By claiming a listing, you represent that you are authorized to act for the business and you agree to these Terms on its behalf. We may refuse or reverse a claim that we reasonably believe is unauthorized or inaccurate.
5.4 Editing. A claimed pro may edit its listing and is responsible for keeping it accurate, including services, service areas, pricing, licenses, insurance, and photos. We may edit formatting, categorize listings, or correct information we reasonably believe is inaccurate, misleading, or unlawful.
5.5 Removal requests. A business (claimed or not) may ask us to correct or remove its listing using the listing removal form or by emailing [email protected]. We may ask for reasonable proof that you are authorized to act for the business. We will act on verified requests within a reasonable time. We may keep a minimal record of the request so the listing is not re-created from public sources. Removing a listing does not remove reviews or content that we are required or permitted by law to keep, and does not affect records we hold for legal, tax, or fraud-prevention purposes.
5.6 Order of results. Directory and marketplace results are ordered by factors such as relevance to your search, distance, service category, service area, whether a listing has been claimed, and profile completeness. We may change these factors over time. If we ever offer paid placement or sponsored results, they will be clearly labeled as sponsored. Placement is never an endorsement.
6. No endorsement; badges, verification, ratings, and rankings#
6.1 NO ENDORSEMENT. FIXERLANE DOES NOT ENDORSE, RECOMMEND, VET, OR GUARANTEE ANY PRO, CUSTOMER, OR PRO SERVICE. THE APPEARANCE OF A BUSINESS IN THE DIRECTORY OR MARKETPLACE, ITS POSITION IN RESULTS, OR ANY BADGE, LABEL, RATING, OR REVIEW, IS NOT AN ENDORSEMENT OR A REPRESENTATION ABOUT THE PRO'S QUALIFICATIONS, LICENSING, INSURANCE, SAFETY, HONESTY, OR QUALITY OF WORK.
6.2 What badges mean — and don't mean. Labels such as "claimed," "verified," "licensed," "insured," "responds quickly," "top rated," or similar mean only that the pro completed a specific step or met a specific, limited criterion at a particular point in time, based on information available to us or supplied by the pro. For example, "claimed" means only that someone showed they could act for the business; "verified" means only that a particular item (such as a phone number, email, or business record) matched a source we checked. Badges do not mean that Fixerlane has confirmed the pro's identity for every purpose, checked every owner, employee, or subcontractor, confirmed that a license or insurance policy is current, valid, adequate, or applicable to your project, or conducted a criminal background check, unless we expressly say so for that badge. A badge or designation on a business profile may be based on one representative of the business and may not apply to every owner, employee, or crew member. No badge is a representation that a pro is licensed, insured, safe, or suitable for your project.
6.3 Limits of any checks. Any verification or screening we perform is limited, relies on third-party and public records that may be incomplete or wrong, and can become outdated at any time. Licenses and insurance can lapse, be suspended, or not cover the specific job. We do not monitor pros continuously. UNLESS WE EXPRESSLY SAY OTHERWISE FOR A PARTICULAR BADGE, FIXERLANE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON PROS, THEIR OWNERS, OR ANYONE WHO WORKS FOR THEM, AND FIXERLANE DOES NOT UNDERTAKE ANY DUTY TO SCREEN, VET, INSPECT, OR SUPERVISE ANY USER. YOU MUST NOT RELY ON FIXERLANE'S CHECKS IN PLACE OF YOUR OWN.
6.4 Ratings and reviews. Ratings and reviews reflect the opinions of individual users, not of Fixerlane. We do not verify every statement in them.
7. Customer responsibilities#
If you are a customer, you agree that you are solely responsible for your decision to hire, admit, pay, and work with any pro, and that you will:
7.1 Vet the pro yourself. Independently confirm, before hiring and before work begins, that the pro (and any crew or subcontractor who will come to your property) holds any license, registration, certification, bond, and insurance (including general liability and, where required, workers' compensation) required for your project in your state and locality. Check license status with the relevant state or local agency, ask for certificates of insurance, and check references.
7.2 Get it in writing. Obtain a clear written contract for your project that states the price, scope, materials, schedule, payment terms, deposit, change-order process, cleanup, warranty, and cancellation rights, and any disclosures required by your state's home-improvement or home-solicitation laws. Keep copies. Be cautious about large up-front deposits; many states limit them.
7.3 Permits, inspections, and codes. Make sure any required permits are pulled and inspections are completed. Ask who is responsible for obtaining them. Fixerlane has no responsibility for building codes, zoning, HOA rules, permits, or inspections.
7.4 Liens. Understand that in many states unpaid subcontractors and suppliers may be able to place a lien on your property. Consider requesting lien waivers or releases with payments.
7.5 Premises safety. Tell the pro in advance about known hazards (for example asbestos, lead paint, mold, structural issues, electrical or gas issues, aggressive animals, or weapons on the premises). Secure pets. Keep children and others safely away from work areas. Supervise access to your home as you consider appropriate.
7.6 Protect your property. Remove, lock away, or protect valuables, cash, medications, firearms, personal documents, and fragile items before any visit. Take before-and-after photos where useful. Fixerlane is not responsible for any loss, theft, or damage.
7.7 Accurate requests. Describe your job honestly and accurately, and only request or accept work you intend and are authorized to have performed at the property (for example, a renter should have the owner's or landlord's permission).
7.8 Pay as agreed. Pay pros according to the agreement you make with them, and resolve billing questions directly with the pro.
7.9 Personal safety. Use common-sense precautions when meeting anyone in person, and trust your judgment. If you feel unsafe, end the visit and, if needed, call 911.
8. Pro responsibilities, representations, and warranties#
If you are a pro, you represent, warrant, and agree, for yourself and everyone who performs work or uses the Services for you, that:
8.1 Licenses, permits, and qualifications. You and your Team Members, employees, and subcontractors are, and will remain, qualified, trained, and fully licensed, registered, certified, and bonded as required by every applicable law for every job you offer or perform, and you will obtain all required permits and inspections. You will only offer services, and only in locations, for which you hold required licenses.
8.2 Insurance. You maintain, at your own cost, insurance appropriate for your trade and required by law and by your customer contracts, including commercial general liability insurance and, where required, workers' compensation, commercial auto, and professional liability coverage. You will provide proof of coverage to customers on request and, if we ask, to us. Fixerlane does not provide insurance for you or your customers.
8.3 Compliance with law. You comply with all applicable laws, including contractor and home-improvement laws, building codes, permitting rules, environmental and safety laws (such as lead-safe work practices), consumer-protection laws, home-solicitation and "cooling-off" rules, advertising and pricing-disclosure laws, surcharge and fee-disclosure laws, anti-discrimination and fair-housing laws, privacy and data-security laws, and communications and marketing laws.
8.4 Workmanship and safety. You perform Pro Services in a safe, professional, and workmanlike manner consistent with industry standards and your agreement with the customer. You are solely responsible for the safety of your personnel and for any injury to people or damage to property caused by you or anyone working for you.
8.5 Your contracts with customers. You are solely responsible for your quotes, estimates, contracts, change orders, invoices, warranties, deposits, refunds, and cancellations, and for including every term, notice, and right of cancellation that the law requires. Any templates or default wording in the Services are provided for convenience only, are not legal advice, and may not satisfy the requirements that apply to you.
8.6 Your workers. You are solely responsible for recruiting, screening, background-checking (where lawful and appropriate), hiring, training, supervising, paying, and classifying your employees, Team Members, and subcontractors, and for their conduct at customer premises. You are solely responsible for wages, overtime, meal and rest breaks, payroll taxes, benefits, workers' compensation, and compliance with employment and immigration laws. Time-tracking, scheduling, and location features are tools for you; they do not make Fixerlane an employer, joint employer, or payroll provider of anyone, and you are responsible for the accuracy of any records they create and for any required notices or consents (for example, for location tracking of workers).
8.7 Taxes. You are responsible for determining, collecting, reporting, and paying all taxes on your Pro Services and income, including sales and use taxes where applicable.
8.8 Accurate listings and pricing. Everything you publish — your business name, services, service area, prices, availability, licenses, insurance, photos, and credentials — is truthful, current, and not misleading. Photos showing your work must be of your actual work. You may not publish AI-generated or AI-altered images, including "before-and-after" images, that could be taken as photos of work you actually performed. You will honor prices and offers you publish or send, subject to the terms you disclose.
8.9 Honest conduct. You will show up when you commit to, communicate promptly about delays or cancellations, not use bait-and-switch or high-pressure tactics, not charge for work not performed, and not demand payment outside the agreed terms.
8.10 Client data. For personal information about your clients, prospects, and Team Members that you enter into or collect through the Services, you are the business (or "controller") responsible for that data under privacy laws, and Fixerlane processes it on your behalf as your service provider (see Section 12). You are responsible for having a lawful basis and any required notice or consent to collect, use, and share that data (including for messages, recordings, and photos), for honoring your clients' privacy requests, and for your own privacy notice where required.
8.11 Customer information from the marketplace. If we share a customer's information with you because the customer requested a quote, posted a job, or contacted you, you may use it only to respond to and perform that request (and to keep records required by law), unless the customer becomes your client and separately agrees otherwise. You will not sell it, add it to marketing lists without the required consent, or share it with anyone not involved in the job, and you will handle it in compliance with applicable privacy laws. If you cannot meet these obligations, you must stop using that information and tell us promptly at [email protected].
8.12 Reporting. While you use the Services, you will promptly tell us at [email protected] if you or any person who performs work for you under your Fixerlane account is charged with or convicted of a crime involving fraud, theft, violence, sexual misconduct, or an offense related to your services, or if a required license or insurance lapses, is suspended, or is revoked.
9. Requests, job posts, offers, quotes, and bookings#
9.1 How it works. Customers may request quotes or bookings from a specific pro, or post a job to the marketplace so that nearby pros can send offers. Pros decide whether to respond. We do not guarantee that any request will receive a response or offer, that any pro will be available, or that any offer will be accepted.
9.2 Quotes and options. Pros may send quotes, including quotes with multiple options. A quote is the pro's offer, and its terms are set by the pro. A customer's approval, acceptance, or electronic signature on a quote through the Services forms an agreement between the customer and the pro only. Customers should read each quote carefully before approving it.
9.3 Estimates. Price estimates, typical-cost ranges, or instant prices shown in the Services (whether provided by a pro or generated by the Services) are for general information only and are not binding on Fixerlane. Final pricing is between the customer and the pro.
9.4 Scheduling, visits, and no-shows. Appointments, visits, arrival windows, and reminders are managed by the pro and the customer. Fixerlane is not responsible for late arrivals, no-shows, cancellations, rescheduling, or delays by either side, or for any resulting loss (such as time off work or other costs).
9.5 Communications stay honest. Pros and customers agree not to use the Services to make offers they do not intend to honor.
10. Payments between customers and pros#
10.1 Third-party payment processor. Pros may accept online payments from customers (for example, deposits and invoice payments) through a third-party payment processor that we integrate with the Services. To accept payments, a pro must agree to the processor's own terms and complete its identity and business verification. The processor, not Fixerlane, processes card and bank transactions and settles funds to the pro's account. The processor's terms govern those transactions, and we are not responsible for the processor's acts or omissions.
10.2 FIXERLANE IS NOT A BANK, PAYMENT PROCESSOR, OR MONEY TRANSMITTER. Fixerlane does not take deposits, hold customer funds for its own account, or provide escrow. Payment features in the Services are software that lets pros request and receive payment through the processor.
10.3 Customers. When you pay a pro through the Services, you authorize the charge to your chosen payment method in the amount shown. The payment is made to the pro for the pro's services. Questions about amounts, deposits, refunds, or the work itself must be resolved with the pro. Any refund is the pro's decision under its agreement with you and applicable law, unless the processor or card network rules provide otherwise.
10.4 Pros. You are responsible for (a) the accuracy of every invoice, deposit request, and charge; (b) obtaining your customer's authorization for every charge, including any saved card or recurring charge; (c) complying with card-network rules and with laws on surcharges, convenience fees, and tipping; (d) processing fees and any platform fee, each of which we or the processor disclose to you before you enable payments and which may be deducted from the payments you receive; (e) refunds, reversals, disputes, and chargebacks, including associated fees; and (f) any tax-reporting obligations, including information reports the processor is required to file.
10.5 Chargebacks and losses. If a customer disputes a charge, the pro must respond through the processor's dispute process. The pro bears all chargebacks, reversals, and related fees and losses. To the extent permitted by the processor's terms and applicable law, we may help provide transaction records, and we may deduct amounts owed to us from future amounts or charge the pro's payment method on file.
10.6 Suspension of payment features. We or the processor may delay, limit, or disable payment features for a pro if we reasonably suspect fraud, excessive disputes, a violation of these Terms or the processor's terms, or legal risk.
10.7 Paying outside the Services. Customers and pros may choose to pay by other methods. Payments made outside the Services are entirely between the customer and the pro, and Fixerlane has no records of or responsibility for them.
10.8 Saved cards, later charges, and part-payments. A pro may let a customer save a card for later use, for example to pay a service agreement each period, the next stage of a job, or the rest of an invoice. A customer who saves a card authorizes that pro to charge it later for the amounts and on the terms shown when the card was saved, until the customer removes the card, the agreement ends, or the pro cancels it. Saved cards are stored by our payment processor, Stripe; Fixerlane never receives or stores full card numbers or security codes. A pro may charge a saved card only as the customer authorized, must keep a record of that authorization, must tell the customer before a charge where the law or card-network rules require it, and must stop charging when the customer withdraws authorization. A pro may also let a customer pay part of an invoice at a time; each part-payment is a separate charge for the amount the customer chooses or approves, and the rest of the invoice stays owed under the customer's agreement with the pro. Section 10.4 applies to every saved-card charge and part-payment.
10.9 Tap to Pay and in-person card payments. A pro may accept contactless card payments in person on a supported phone through Stripe Terminal ("Tap to Pay"). Tap to Pay is provided by Stripe and, on iPhone, relies on Apple's Tap to Pay on iPhone. To use it, a pro must accept Stripe's Terminal terms and, on iPhone, Apple's terms for Tap to Pay on iPhone, each of which applies in addition to these Terms. Card details read by the phone go to Stripe; Fixerlane does not receive or store them. The pro is responsible for showing the customer the amount before the customer taps, for giving a receipt, and for keeping the phone and account secure. Availability depends on the device, its operating system, the country, and Stripe and Apple, and Fixerlane is not responsible if a payment cannot be taken.
11. Pro subscriptions, free trials, renewal, cancellation, fees, and taxes#
11.1 Free marketplace access for claimed pros. Claiming a listing and using the core marketplace features available to claimed pros (such as receiving and responding to customer requests) is free, unless we clearly tell you otherwise in advance. Fixerlane does not currently charge customers to search the directory, request quotes, or post jobs. If we introduce any fee for these features, we will disclose it clearly before you incur it.
11.2 Business software subscriptions. Our business software is offered on a paid subscription basis on the plans, prices, features, and billing periods (for example, monthly or annual) shown at sign-up or on our pricing page ("Subscription").
11.3 Free trials. We may offer a free trial. We will tell you at sign-up the length of the trial, whether a payment method is required, and what will happen when it ends. IF YOU PROVIDE A PAYMENT METHOD AND DO NOT CANCEL BEFORE THE TRIAL ENDS, YOUR TRIAL WILL AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION AND WE WILL CHARGE THE PLAN PRICE DISCLOSED TO YOU AT SIGN-UP (PLUS APPLICABLE TAXES) ON THE DATE THE TRIAL ENDS, AND ON EACH RENEWAL DATE AFTER THAT, UNTIL YOU CANCEL. Where required by law, we will send a reminder before the trial converts. If no payment method is on file when the trial ends, paid features will stop until you subscribe. Free trials are limited to one per business unless we agree otherwise.
11.4 AUTOMATIC RENEWAL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD FOR THE SAME LENGTH OF TIME, AND YOU AUTHORIZE US (AND OUR PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD ON FILE THE THEN-CURRENT PRICE FOR YOUR PLAN, PLUS APPLICABLE TAXES, AT THE START OF EACH RENEWAL PERIOD, UNTIL YOU CANCEL. For annual plans, we will send a reminder before renewal where required by law.
11.5 How to cancel. YOU MAY CANCEL AT ANY TIME ONLINE IN YOUR ACCOUNT SETTINGS (BILLING) or by emailing [email protected]. Cancellation takes effect at the end of your current paid billing period, and you will keep access until then. We will confirm your cancellation by email. We will not make you speak to a representative or complete unnecessary steps to cancel.
11.6 Price changes. We may change Subscription prices. We will give you at least 30 days' advance notice of any price increase (or longer if required by law), and it will apply starting with your next renewal after the notice period. If you do not agree, you may cancel before the change takes effect.
11.7 Plan changes. Upgrades take effect immediately and may be charged on a prorated basis. Downgrades take effect at the next renewal. Downgrading may reduce features, limits, or storage, and you are responsible for exporting any data you need before downgrading.
11.8 Refunds. Except where required by law or where we expressly state otherwise, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused features, or periods when you did not use the Services. If you believe you were charged in error, contact [email protected] within 60 days of the charge.
11.9 Failed payments. If a payment fails, we may retry the charge, and we may suspend paid features until payment is made. You remain responsible for undisputed amounts owed.
11.10 Usage-based and add-on charges. Certain features (for example, online payment processing) may carry separate fees or limits that we disclose before you enable them.
11.11 Taxes. Fees do not include taxes. You are responsible for any sales, use, value-added, or similar taxes associated with your purchase, other than taxes on our income.
11.12 App-store purchases. If you subscribe through an app store, the app store's billing, renewal, cancellation, and refund rules apply to that purchase, and you must cancel through the app store.
11.13 Promotions and credits. Promotional offers, discounts, and credits are offered at our discretion, are subject to the conditions stated with them, have no cash value unless the law requires otherwise, are non-transferable, and may be revoked if obtained through fraud or abuse.
12. Pro software terms and Pro Data#
12.1 Software license. Subject to these Terms and payment of applicable fees, we grant pros a limited, non-exclusive, non-transferable, revocable right during the Subscription to use the business software for their internal business purposes. Included tools may include client and lead management (CRM), requests, quotes (including multiple options), jobs and visit scheduling, invoicing, online payments, team management and time tracking, messaging (including tools that prepare text messages you send from your own phone), automations, the Client Hub, reports, and optional AI-assisted features. Features vary by plan and may change over time.
12.2 You own your Pro Data. As between you and Fixerlane, you own your Pro Data. You grant Fixerlane a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and otherwise use Pro Data as needed to provide, secure, support, and improve the Services, to comply with law, and as otherwise directed by you. We may also create de-identified or aggregated data that does not identify you, your clients, or any individual, and use it for any lawful purpose, including to improve the Services and to produce general statistics.
12.3 Our role for client personal data. For personal information in Pro Data, Fixerlane acts as your service provider or processor. We will process it only to provide the Services, on your instructions as expressed through your use of the Services, and as permitted or required by law. We will not sell it. We will use reasonable administrative, technical, and physical safeguards designed to protect it. Where the law requires a separate data-processing agreement, our then-current data-processing terms apply and are incorporated here. You are responsible for your own compliance obligations for that data (Section 8.10).
12.4 Client Hub. Pros may give their clients access to a Client Hub to view and approve quotes, see appointments, pay invoices, and message the pro. Clients who use the Client Hub are customers under these Terms for their use of it. The pro's agreement with its client remains solely between them.
12.5 Your responsibilities. You are responsible for (a) the accuracy, quality, and legality of Pro Data and of all quotes, invoices, messages, and automations you send or schedule; (b) configuring your settings, permissions, automations, and reminders; (c) reviewing automated or scheduled actions before and after they run; and (d) keeping your own copies of important records. Actions taken by automations or by your Team Members are treated as your actions.
12.6 Export. You may export Pro Data using the export tools we provide while your account is active. After your Subscription ends or your account is closed, we will make your Pro Data available for export for at least 30 days (unless your account was terminated for fraud or illegal activity, or the law requires otherwise). After that period, we may delete or de-identify Pro Data, subject to any legal retention obligations. Deleted data may remain in backups for a limited time until it is overwritten in the ordinary course.
12.7 Usage limits. We may apply reasonable limits on storage, messages, contacts, uploads, automation runs, or other usage to protect the Services and other users. We will disclose plan limits where they apply.
12.8 Availability; no service-level commitment. We work to keep the Services available and reliable, but WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE OPERATION AND DO NOT PROVIDE A SERVICE-LEVEL AGREEMENT OR UPTIME COMMITMENT UNLESS WE SIGN A SEPARATE WRITTEN AGREEMENT WITH YOU THAT SAYS SO. The Services may be unavailable for maintenance, updates, or reasons beyond our control. Offline features in our apps may store data on your device until it syncs; data that has not synced may be lost if a device is lost, reset, or damaged.
12.9 Beta and early-access features. We may offer features labeled beta, preview, early access, labs, or similar ("Beta Features"). Beta Features are provided "as is," may not work correctly, may change or be removed at any time, and are excluded from any commitments we make about the Services. Do not rely on Beta Features for critical business functions.
12.10 Reports and insights. Reports, dashboards, benchmarks, and suggestions (including pricing or scheduling suggestions) are informational tools. They are not financial, tax, legal, or business advice. You alone decide your prices and business practices.
12.11 Not legal, tax, or accounting advice. Templates, forms, default terms, and help content are general in nature. Consult your own professionals.
12.12 Location tracking of Team Members. The business software includes optional location tracking. It is off unless the business owner turns it on. When it is on, the Fixerlane app records a Team Member's phone location only while that Team Member is clocked in, and stops when they clock out; on phones this needs the Team Member to allow location access, including in the background, while they are clocked in. Location points are kept for 90 days and then deleted, except where a point is attached to a record the pro keeps (such as the location of a clock-in, or mileage worked out from a trip). Only the owner and admins of the business can see where Team Members are and where they have been. If you turn location tracking on, you are responsible for (a) telling every Team Member, before tracking starts, that their location is recorded while they are clocked in, why, who can see it, and how long it is kept; (b) getting any consent, and giving any written notice, that the law where your Team Members work requires (some states and countries require written notice or consent, or limit tracking of employees); (c) using location data only for legitimate business purposes such as dispatch, arrival times, safety, mileage, and time records, and never to track anyone outside working time; and (d) following employment, privacy, and labor laws and any agreements with your workers that apply. Section 8.6 applies. Team Members can see in the app when tracking is on, and they can turn off location access in their phone's settings, which may stop tracking-based features from working for them.
12.13 Receipt scanning. When a user photographs a receipt in the Fixerlane app, the text on the receipt is read on the user's phone. The text that was read is then sent to our AI providers to fill in the expense's fields (such as amount, vendor, date, and description), if the business owner has allowed AI; the receipt photo is stored with the expense. Filled-in fields are suggestions: the user must check them before saving, and the pro is responsible for the accuracy of its expense, tax, and reimbursement records. Section 13 applies to the AI part of receipt scanning.
12.14 Website embeds and chat. A pro may place Fixerlane request and booking forms, a booking button, or a chat bubble on its own website by copying code we provide ("Embeds"). The pro is responsible for its own website, including its privacy notice, its cookie and consent practices, and how it presents the Embeds, and must not change the code to collect information the Embed does not ask for or to hide who the visitor is talking to. Embeds collect what the visitor enters (such as name, email address, phone number, address, job details, photos, chat messages, and answers to the pro's questions), together with the page the visitor was on and technical details such as IP address and browser, and deliver them to the pro's Fixerlane account. The pro is the business (or "controller") for that information and Section 8.10 applies. We may disable an Embed that is used to break these Terms or the law, or that puts the Services at risk.
12.15 Additional client contacts. A pro may add more than one contact person to a client record (for example, a spouse, a tenant, a property manager, or an accounts-payable contact) and choose which contacts receive quotes, invoices, reminders, and other messages. The pro is responsible for having the right to store each contact's details and to send them those messages, for keeping the contacts accurate, and for removing a contact who asks to stop receiving them.
12.16 Tracking parameters on booking links. Links to a pro's booking page, request forms, and Embeds may carry tracking parameters (such as utm_source, utm_medium, and utm_campaign) that the pro adds, for example to see which advertisement brought a request. When a visitor arrives through such a link, we store those parameters with the request or booking and show them to the pro in its records and reports. We do not use them to track visitors across other websites. A pro that uses them is responsible for any notice or consent its own advertising and the law require.
13. AI-assisted features#
13.1 What they do. Some optional features use artificial intelligence:
- Fixerlane AI, an assistant for pros and their teams that answers questions about the business using the records your role lets you see, and proposes actions (such as a draft quote, a message to a client, or a schedule change) for you to confirm;
- voice commands for the assistant, which are transcribed by AI, and read-aloud, which turns an answer into speech;
- support chat, which answers questions about Fixerlane;
- AI writing help, which drafts business-profile text and email replies;
- receipt reading, which fills in draft expenses from receipts emailed to a business's expense inbox, if the business owner has allowed AI;
- receipt scanning, which fills in an expense from the text read on the phone from a receipt photo (Section 12.13); and
- AI drafting, which drafts quotes from a request, descriptions of work, and a weekly summary of the business for the pro to review (Section 13.9).
AI features are available only where we have turned them on, and you can always choose not to use them. We do not use AI to rank, match, or approve users, and automated content checks (Section 17.11) never suspend an account on their own; if that changes, we will update these Terms and our Privacy Policy.
13.2 OUTPUTS MAY BE WRONG. AI-GENERATED CONTENT ("OUTPUT") MAY BE INACCURATE, INCOMPLETE, OUTDATED, BIASED, OR INAPPROPRIATE FOR YOUR SITUATION, AND DIFFERENT USERS MAY RECEIVE SIMILAR OUTPUT. YOU MUST REVIEW, EDIT, AND VERIFY ALL OUTPUT BEFORE YOU RELY ON IT, SEND IT, PUBLISH IT, OR ACT ON IT. Output is not professional, engineering, safety, legal, tax, or code-compliance advice. Never rely on Output to decide whether work is safe, permitted, or code-compliant.
13.3 You are responsible. Output that you send, approve, publish, or allow to be sent (including through automations) is your Content, and you are responsible for it as if you wrote it. The assistant does not change your records or send anything until you confirm it, and an action you confirm is your action. A quote, message, or price is not binding on Fixerlane because it was drafted with AI assistance. The assistant never moves money, such as issuing refunds or charging cards.
13.4 Inputs, providers, and your permission. Do not submit sensitive personal information (such as Social Security numbers, financial-account numbers, health information, or information about children) to AI features unless the feature is designed for it. You must have the right to submit any input. We use two AI providers, OpenAI and Anthropic, to deliver AI features, and we send them only what each request needs. We do not use your Content or Pro Data to train AI models, and under their API terms our providers do not use the data we send to train their models. Before your first use of an AI feature we ask your permission, and you can withdraw it at any time in Settings → AI features. Our Privacy Policy explains what is sent, how long providers keep it, and how inputs and Output are handled.
13.5 Prohibited AI uses. You may not use AI features to generate unlawful, deceptive, discriminatory, or infringing content; to create fake reviews, fake work photos, or impersonations; or to attempt to bypass safeguards or extract information about other users.
13.6 Matching. Where the Services use automated tools to suggest, rank, or match pros and customers, those results are not endorsements, and customers remain responsible for their own hiring decisions (Section 7).
13.7 AI credits. Fixerlane AI, voice, AI email help, and receipt reading use AI credits; support chat and content checks do not. Each use costs credits based on the processing it needed, and your balance and history are shown in the Services. Your plan or free trial includes an allowance of credits for each allowance period (generally monthly). An unused allowance does not roll over: it ends when the period ends and a new allowance starts. You can buy top-up credits where the Services offer them; top-up credits do not expire and are used after your allowance. AI features, including top-up credits, can be used only while your business has an active plan or free trial. AI credits are a license to use AI features, not property or money: they have no cash value, cannot be transferred, sold, or exchanged, and are non-refundable, except where the law or the rules of the app store you bought them through require otherwise. If a purchase of top-up credits is refunded or reversed, we remove those credits from your balance, even if that leaves it below zero. We may change how many credits a feature uses, or the allowance a plan includes, with notice for paid plans as described in Section 31. When you run out, AI features pause until credits are available; the rest of the Services keep working.
13.8 Reporting AI answers. Every AI answer has a Report option. If an answer is offensive, harmful, or wrong, report it; we review AI reports as described in Section 17.12.
13.9 AI-drafted quotes, descriptions, and other drafts are suggestions. Some features draft content for a pro to use, such as the line items, quantities, and prices of a quote drafted from a request, a description of work, a business-profile description, a weekly summary of the business, or fields filled in from a receipt. Every such draft is a suggestion. The pro must review it, and correct it where needed, before saving, sending, or relying on it. A drafted quote may use the wrong items, quantities, measurements, or prices, may leave out work, materials, permits, or taxes, and may not reflect the actual condition of the job. Prices in a draft come from the pro's own price book and inputs; Fixerlane does not set, recommend, or guarantee any price. A quote or description a pro sends is the pro's own offer (Section 9.2) and the pro's Content (Section 13.3), whether or not AI helped draft it.
14. Messaging, text messages (SMS), and calls#
14.1 In-app messaging. The Services let customers and pros message each other. You are responsible for what you send. You agree that we (and service providers acting for us) may use automated tools and, where permitted by law, human review to scan and review messages and attachments sent through the Services to detect spam, fraud, abuse, and safety risks, to enforce these Terms, and to provide support, as described in our Privacy Policy. Messages that clearly break our community rules (Section 17) may be stopped before they are delivered, and you will be told when that happens. We have no obligation to monitor messages and are not responsible for their content.
14.2 Messages from Fixerlane. Fixerlane does not currently send text messages. We communicate with you by email and in the apps. If we begin offering text messages, we will ask for your consent first and the terms in this Section 14 will apply. By providing your mobile number and agreeing when prompted, you consent to receive text messages and calls from Fixerlane at that number, which may be sent using automated technology, about your account and activity (for example, verification codes, quote and booking notifications, appointment reminders, messages from pros or customers, payment receipts, and security alerts). Marketing texts are sent only if you separately give your express written consent, and consent is not a condition of any purchase.
14.3 SMS program details.
- Program: Fixerlane account and service notifications (and, if you opted in, marketing messages).
- Message frequency varies based on your activity and settings.
- Message and data rates may apply, according to your mobile plan.
- To opt out, reply STOP to any message. You will receive a one-time confirmation, and we will stop sending messages of that type to that number (except as needed to confirm your opt-out). You may also opt out by any other reasonable means, such as by emailing [email protected]. Opting out of texts may limit some features, such as text reminders and verification codes; you may use other available methods.
- For help, reply HELP or contact [email protected].
- Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed, and we are not responsible for delays or failures caused by carriers, devices, or networks.
- Change of number: If you change or give up your mobile number, update your account or reply STOP from the old number so messages are not sent to someone else.
14.4 Messages sent by pros. Where a pro uses the Services to prepare or send texts, emails, or calls to its own clients, leads, or Team Members (including reminders, "on my way" notifications, follow-ups, review requests, and automated campaigns), the pro is the sender and is solely responsible for complying with the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and "mini-TCPA" laws (including consent, time-of-day, and frequency restrictions), do-not-call rules, and carrier and messaging-registration requirements. The pro must (a) obtain and keep records of any required consent before sending, (b) identify its business in messages, (c) honor opt-out requests promptly and record them in the Services (texts a pro prepares with the Services are sent from the pro's own phone and number, so the pro, not Fixerlane, receives and must act on replies such as STOP), and (d) not send marketing messages without prior express written consent. We may suspend messaging for any pro that generates excessive complaints, opt-outs, or carrier violations. Pros may be required to provide business information for messaging registration.
14.5 Referral and invitation messages. If you ask us to send an invitation or message to someone else, you represent that you have their permission to share their contact details and that they would expect to receive it.
14.6 Email campaigns. The business software lets a pro send marketing emails ("Campaigns") to its own clients. Section 14.4 applies to Campaigns, and in addition:
- Your own clients only. You may send Campaigns only to people who are your own clients or who have otherwise given you permission to email them. You may not upload or send to purchased, rented, scraped, or shared lists, and you may not send Campaigns to marketplace customers who have not become your clients (Section 8.11).
- Consent and the law. You are responsible for having every consent the law requires and for following the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL) where it applies (which generally requires express or implied consent before sending a commercial email to someone in Canada), and other applicable laws. You must identify your business accurately and use honest subject lines.
- Unsubscribe. Every Campaign includes an unsubscribe link and your business's postal address, which you must keep accurate. Unsubscribes are recorded and honored automatically, and an unsubscribed person is left out of later Campaigns from your business. You may not remove the link, re-add an unsubscribed person, or ask them to subscribe again by email.
- How they are sent. Campaigns are sent by Fixerlane on your behalf from an address at pro.fixerlane.com, showing your business name, with replies going to you. They record when an email is delivered, opened, and when a link in it is clicked, and show you those results. Open tracking is not always accurate, because some email apps load or block images automatically.
- Our right to pause. To protect the people who receive email and the Services' ability to deliver it, we may limit, delay, pause, or stop Campaigns from any pro, without notice where needed, for example when complaint, bounce, or unsubscribe rates are high, when a list looks purchased or scraped, or when content breaks these Terms. We may set limits on how many Campaigns or recipients a plan includes.
15. Your content, photos, recordings, and voice notes#
15.1 You own your Content. You keep ownership of the Content you submit. You are solely responsible for it and for the consequences of sharing it.
15.2 License to Fixerlane. You grant Fixerlane a worldwide, non-exclusive, royalty-free, transferable, and sublicensable (to our service providers and successors) license to host, store, reproduce, modify (for example, to format, crop, resize, or translate), publish, display, distribute, and otherwise use your Content in connection with operating, providing, securing, promoting, and improving the Services. For public Content (such as listings, public profile information, work photos, and reviews), this license continues for as long as the Content remains on the Services and for a reasonable period after for backups, legal, and archival purposes, and it is perpetual for reviews to the extent needed to preserve the integrity of the review system. For Pro Data, Section 12 controls. We will not use your private messages or Pro Data in public marketing without your permission.
15.3 Your promises about Content. You represent that (a) you have all rights, permissions, and releases needed to submit your Content and grant this license; (b) your Content is accurate and not misleading; and (c) it does not infringe anyone's intellectual property, privacy, or publicity rights or violate any law.
15.4 Photos, video, recordings, and voice notes. If you upload photos, video, audio, or voice notes (for example, of a job site, a problem area, or completed work):
- Get consent from any identifiable person shown or recorded, and never record or photograph anyone in a private area (such as a bathroom or bedroom in use) without consent, or in violation of wiretapping or eavesdropping laws;
- Do not upload images or recordings of minors without a parent's or guardian's consent, or images of documents containing sensitive personal information;
- Do not use the Services to collect biometric identifiers (such as face or voice prints) of any person;
- Remember that photos can reveal your address, security systems, valuables, and home layout — think before sharing, and remove location metadata if you wish; and
- Pros may not publish photos of a customer's home or property in their public listing without the customer's permission.
15.5 Moderation. We may, but are not required to, review, refuse, remove, or restrict any Content that we believe violates these Terms or the law or that creates risk for users or Fixerlane. Some Content is checked automatically before it is published and may be held for review (Section 17.11). We are not responsible for Content posted by users.
16. Reviews and ratings policy#
This Section applies wherever the Services let users post reviews or ratings, and to reviews a pro requests using the Services. Rating information that came from other public sources is not a Fixerlane review, and we do not currently display it in our results.
16.1 Genuine experiences only. Reviews must reflect the reviewer's genuine, first-hand experience with the pro. We prohibit (a) fake reviews or ratings, including reviews by the pro, its owners, employees, relatives, or anyone with an undisclosed connection to it; (b) reviews by people who did not use the pro's services; (c) reviews written or generated to misrepresent who wrote them or whether the experience happened; (d) buying, selling, or trading reviews; and (e) reviews of competitors intended to harm them.
16.2 No incentives tied to sentiment. Pros may ask customers for honest reviews but may not offer any payment, discount, gift, or other incentive conditioned on a positive review (or any review expressing a particular sentiment), and may not selectively solicit reviews only from customers expected to be happy in a way that misleads others. Any permitted incentive for leaving an honest review must be disclosed as required by law.
16.3 No suppression. Pros may not threaten, intimidate, retaliate against, or pay customers to prevent, change, or remove a truthful review, and may not include in their contracts any clause that restricts customers from posting honest reviews, which the Consumer Review Fairness Act prohibits.
16.4 Our handling of reviews. We do not remove reviews simply because they are negative. We may remove or decline to publish reviews that violate these Terms or the law (for example, reviews that are fake, abusive, discriminatory, contain personal information, are unrelated to the pro's services, or are subject to a valid legal order). Reviews and responses are checked automatically before they appear and may be held until our team reviews them (Section 17.11). Pros may flag reviews for review and post a public response, which must be professional and must not reveal a customer's personal information. We may display a summary rating calculated in the way we describe in the Services.
16.5 Reviews are the reviewer's opinion. Reviews are the opinions of their authors, not of Fixerlane. We do not verify every statement and are not responsible for the content of reviews.
17. Acceptable use and prohibited conduct#
You agree not to, and not to help or allow anyone else to:
17.1 Fraud and misrepresentation. Impersonate any person or business; misrepresent your identity, licenses, insurance, experience, pricing, or affiliation; claim a listing you are not authorized to claim; post fake jobs or requests; or engage in bait-and-switch, phishing, overpayment, or advance-fee scams.
17.2 Discrimination. Discriminate against, refuse service to, or harass any person on the basis of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, disability, age, familial status, marital status, military or veteran status, source of income (where protected), or any other characteristic protected by law. Pros serving housing providers and property managers must also comply with the Fair Housing Act and similar state and local laws, and customers may not use the Services to steer or to request work in a way that violates those laws.
17.3 Harassment and safety. Harass, threaten, stalk, intimidate, or abuse anyone, whether on the Services or off the Services in connection with a contact made through them; engage in violence or sexual misconduct; or enter a property without authorization.
17.4 Spam and misuse of contact information. Send spam or unsolicited commercial messages; use contact information obtained through the Services for purposes other than the job it relates to; or ignore opt-out requests.
17.5 Scraping and data harvesting. Use bots, crawlers, scrapers, or other automated means to access, collect, copy, index, or monitor any part of the Services or its data (including listings, pricing, reviews, and user information), except as permitted by our robots.txt for public search-engine indexing, or build a competing directory or dataset from the Services.
17.6 Security and integrity. Probe, scan, or test the vulnerability of the Services; bypass access controls, rate limits, or security measures; introduce malware; interfere with or overload the Services; reverse engineer or decompile any part of the Services except as the law expressly allows; or access the Services to build a competing product.
17.7 Circumvention. Evade suspensions, bans, or limits; create accounts by automated means; manipulate rankings, badges, response metrics, or reviews; or misuse promotions or free trials.
17.8 Unlawful or harmful content. Post content that is unlawful, defamatory, obscene, hateful, infringing, invasive of privacy, or that promotes illegal activity.
17.9 Prohibited services. Offer or request services that are illegal, that require a license you do not hold, or that are otherwise prohibited by us (including weapons, controlled substances, adult services, or anything unrelated to home and property services).
17.10 Payment abuse. Use stolen payment methods, engage in chargeback fraud, launder money, or process payments unrelated to genuine Pro Services.
17.11 Zero tolerance for objectionable content and abusive users. There is no place on Fixerlane for objectionable content — including harassment, threats, hate, sexual content, graphic violence, spam, and scams — or for users who abuse others. Reviews and review replies, job posts, offers, messages between customers and pros, and listing and profile text (and photos added to reviews and job posts) are checked automatically before other people see them. Content that may break these rules is held until our team reviews it, and a message that clearly breaks them is not delivered.
17.12 Reporting and blocking. You can report a message, conversation, person, business profile, review, job post, offer, or AI answer using the Report option next to it, and you can block a person or business so that neither of you can message the other and you no longer see each other's job posts or offers. You can also email [email protected]. We review reports within 24 hours and act on content that breaks these Terms.
17.13 Consequences. If you post objectionable content or abuse other users, we will remove the content and may, without notice where the situation calls for it, restrict features, suspend or terminate your account, remove your listing, and eject you from the Services (Section 30.2). Serious or repeated violations lead to a permanent ban, and we may report illegal conduct to law enforcement.
We may investigate violations and cooperate with law enforcement, and we may remove Content, restrict features, suspend or terminate accounts, and take legal action.
18. Third-party services and integrations#
18.1 Third-party services. The Services may link to or integrate with third-party products and services — for example, payment processors, accounting software, calendars, maps, app stores, messaging carriers, and identity-verification or public-records sources ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies, not these Terms.
18.2 No responsibility. FIXERLANE DOES NOT CONTROL, ENDORSE, OR WARRANT THIRD-PARTY SERVICES AND IS NOT LIABLE FOR THEM, INCLUDING THEIR AVAILABILITY, ACCURACY, SECURITY, OR HOW THEY USE YOUR DATA. If you connect a Third-Party Service, you authorize us to exchange data with it as needed for the integration, and you are responsible for the permissions you grant. We may change or discontinue any integration at any time.
19. Mobile apps#
19.1 License. We grant you a limited, non-exclusive, non-transferable, revocable license to install and use our mobile apps on devices you own or control, solely to use the Services under these Terms. Apps may update automatically.
19.2 App stores. If you download our app from the Apple App Store or Google Play, you acknowledge that these Terms are between you and Fixerlane only, not Apple or Google; that Apple and Google have no obligation to provide maintenance or support for the app; that, to the extent permitted by law, Apple and Google have no warranty obligation for the app (if the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any); that Fixerlane, not Apple or Google, is responsible for addressing any claims relating to the app (including product-liability, legal-compliance, consumer-protection, and intellectual-property claims); and that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app and may enforce them against you. You must also comply with the applicable app store's usage rules.
19.3 Device permissions. Some features request access to your device's camera, microphone, photos, location, or notifications. You can manage these permissions in your device settings, but some features may not work without them.
20. Our intellectual property, trademarks, and feedback#
20.1 Ownership. The Services and everything in them (other than user Content and Pro Data), including software, design, text, graphics, logos, compilations of listings, and the "Fixerlane" name and marks, are owned by Fixerlane or its licensors and protected by intellectual-property laws. Except for the limited rights we expressly grant, we reserve all rights.
20.2 Trademarks. You may not use our names, logos, or marks without our prior written permission, except that claimed pros may use any "Find us on Fixerlane" badge or link we provide, following our brand guidelines. Other names and marks shown in the Services belong to their owners, and their appearance does not imply affiliation.
20.3 Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you. Feedback is not confidential.
21. Copyright complaints (DMCA)#
21.1 Notice. We respect intellectual property rights. If you believe Content on the Services infringes your copyright, send a written notice to our designated copyright agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and where it appears (such as the URL); (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
21.2 Designated agent. Copyright Agent, OLUM LLC (d/b/a Fixerlane), 8206 Louisiana Blvd NE, Ste A #8845, Albuquerque, New Mexico 87113, United States; email: [email protected].
21.3 Counter-notice. If your Content was removed and you believe it was a mistake or misidentification, you may send a counter-notice that meets the requirements of 17 U.S.C. § 512(g)(3). We may restore the Content unless the complaining party files a court action within the time the law provides.
21.4 Repeat infringers. We will terminate the accounts of repeat infringers in appropriate circumstances. Knowingly false notices may lead to liability for damages.
22. Assumption of risk#
22.1 YOU UNDERSTAND AND AGREE THAT HIRING, ADMITTING TO YOUR PROPERTY, WORKING FOR, OR OTHERWISE DEALING WITH OTHER USERS — INCLUDING HAVING WORK PERFORMED AT YOUR HOME OR PROPERTY, OR PERFORMING WORK AT SOMEONE ELSE'S HOME OR PROPERTY — INVOLVES INHERENT RISKS, INCLUDING RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, ILLNESS, DEATH, THEFT, FRAUD, DEFECTIVE OR INCOMPLETE WORK, CODE OR PERMIT VIOLATIONS, LIENS, FINANCIAL LOSS, AND DISPUTES.
22.2 TO THE FULLEST EXTENT PERMITTED BY LAW, AS BETWEEN YOU AND FIXERLANE, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THOSE RISKS, AND YOU AGREE THAT FIXERLANE IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, WORK, PRODUCTS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ON OR OFF THE SERVICES.
22.3 What this means. You decide whom to hire and whom to let into a home or onto a property, and you are in the best position to check a pro, supervise a visit, and protect your property. Fixerlane is not present at the job and has no ability to control it. This Section does not ask you to assume the risk of Fixerlane's own fraud, gross negligence, or willful misconduct.
23. Release of claims#
23.1 RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE FIXERLANE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS (THE "FIXERLANE PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND LIABILITIES OF EVERY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) ANY PRO SERVICES; (B) ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY; OR (C) THE ACTS OR OMISSIONS OF ANY USER OR THIRD PARTY — INCLUDING CLAIMS FOR PROPERTY DAMAGE, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, THEFT, DEFECTIVE, LATE, OR INCOMPLETE WORK, CODE, PERMIT, OR LICENSING VIOLATIONS, LIENS, NO-SHOWS, CANCELLATIONS, PRICING OR BILLING DISPUTES, AND MISREPRESENTATIONS BY USERS.
23.2 CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
23.3 OTHER JURISDICTIONS. YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY OTHER STATUTE OR COMMON-LAW PRINCIPLE OF ANY JURISDICTION THAT IS SIMILAR TO SECTION 1542 OR THAT WOULD OTHERWISE LIMIT THE COVERAGE OF A RELEASE TO KNOWN OR SUSPECTED CLAIMS.
23.4 What this release does not cover. This release covers claims based on what other users and third parties do or fail to do. It does not release: (a) any claim that a Fixerlane Party is liable for its own fraud, gross negligence, willful misconduct, or intentional wrongdoing; (b) any claim for bodily injury or death to the extent caused by a Fixerlane Party's own negligence, where the law that applies to you does not allow that claim to be released in advance; (c) any right that cannot be waived under applicable law, including non-waivable rights under the New Mexico Unfair Practices Act or the consumer-protection laws of the state where you live; or (d) any of your claims against the pro, customer, or other third party who caused your loss, which this release does not affect in any way.
23.5 Why we ask for this release. Fixerlane provides its directory and marketplace to customers free of charge and does not take part in, profit from each hour of, or control the work that pros perform. The release reflects that allocation of risk and is part of the consideration for your use of the Services. If any part of this release is found unenforceable as to a particular claim, it will be enforced to the greatest extent permitted, and the rest of it will remain in effect.
24. Disclaimer of warranties#
24.1 AS IS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL CONTENT, AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE FIXERLANE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
24.2 NO WARRANTY ABOUT USERS OR PRO SERVICES. FIXERLANE MAKES NO WARRANTY OR REPRESENTATION ABOUT, AND DOES NOT GUARANTEE, THE IDENTITY, LICENSING, INSURANCE, BONDING, QUALIFICATIONS, BACKGROUND, RELIABILITY, HONESTY, OR CONDUCT OF ANY USER, OR THE QUALITY, SAFETY, TIMELINESS, LEGALITY, PRICE, OR CODE COMPLIANCE OF ANY PRO SERVICES. FIXERLANE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY LISTING (INCLUDING UNCLAIMED LISTINGS), BADGE, RATING, REVIEW, ESTIMATE, OR OUTPUT.
24.3 NO WARRANTY OF OPERATION. FIXERLANE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST, OR THAT MESSAGES, REMINDERS, NOTIFICATIONS, OR PAYMENTS WILL BE DELIVERED OR PROCESSED ON TIME OR AT ALL.
24.4 No other warranties. No advice or information, oral or written, obtained from Fixerlane or through the Services creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you; in that case, any implied warranty is limited to the shortest period and narrowest scope the law allows.
25. Limitation of liability#
25.1 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FIXERLANE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
25.2 NO LIABILITY FOR USERS OR PRO SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIXERLANE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING OUT OF OR RELATING TO (A) ANY PRO SERVICES, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, DEATH, THEFT, DEFECTIVE WORK, CODE, PERMIT, OR LICENSING VIOLATIONS, NO-SHOWS, DELAYS, OR PRICING DISPUTES; (B) THE CONDUCT OF ANY USER OR THIRD PARTY, ON OR OFF THE SERVICES; (C) ANY COMMUNICATION, INTERACTION, OR MEETING WITH OTHER USERS, ON OR OFF THE SERVICES, INCLUDING ANY PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS RESULTING FROM IT; (D) ANY CONTENT, LISTING, REVIEW, OR OUTPUT; (E) ANY THIRD-PARTY SERVICE, INCLUDING PAYMENT PROCESSING AND MESSAGE DELIVERY; OR (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA NOT CAUSED BY OUR FAILURE TO USE REASONABLE SECURITY.
25.3 CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIXERLANE PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO FIXERLANE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). AMOUNTS PAID BY CUSTOMERS TO PROS ARE NOT FEES PAID TO FIXERLANE.
25.4 Basis of the bargain. These limitations are an essential part of the agreement between you and Fixerlane, apply even if a limited remedy fails of its essential purpose, and reflect a reasonable allocation of risk. We could not offer the Services — including free directory and marketplace access — without them.
25.5 Exceptions. Nothing in these Terms excludes or limits (a) liability for a Fixerlane Party's fraud, fraudulent misrepresentation, gross negligence, or willful misconduct; (b) liability for bodily injury or death caused by a Fixerlane Party's own negligence, to the extent the applicable law does not allow it to be excluded or limited; or (c) any other liability, or any statutory remedy, that cannot be excluded or limited under applicable law. In each of those cases, this Section 25 applies to the greatest extent the law allows, and the remaining limitations stay in effect.
25.6 Each limitation stands alone. Sections 22, 23, 24, 25, and 26 are separate and independent. If any of them, or any part of one, is found unenforceable, the others still apply.
26. Indemnification#
26.1 By pros. If you are a pro, you will defend, indemnify, and hold harmless the Fixerlane Parties from and against any and all third-party claims, demands, actions, investigations, and proceedings, and all resulting losses, damages, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys' and experts' fees), arising out of or relating to: (a) any Pro Services offered or performed by you or anyone working for you, including property damage, bodily injury, death, theft, defective or incomplete work, and code, permit, or licensing violations; (b) your employees, Team Members, and subcontractors, including wage, classification, and employment claims; (c) your contracts, quotes, invoices, pricing, payments, refunds, and chargebacks; (d) your Content, listings, and Pro Data, and your collection and use of personal information; (e) messages, calls, and recordings sent or made by you or through your account, including claims under the TCPA, CAN-SPAM, and similar laws; (f) your violation of these Terms or of any law; or (g) your negligence, fraud, or willful misconduct.
26.2 By customers and other users. If you are a customer or other user, you will defend, indemnify, and hold harmless the Fixerlane Parties from and against third-party claims and resulting losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or of any law; (b) your Content; (c) hazards at a property you control that you knew about and did not disclose to the pro; or (d) your own negligence, fraud, or willful misconduct.
26.3 Procedure. We will notify you of a claim for which we seek indemnity, although a delay in notice relieves you of your obligations only to the extent it materially prejudices you. We may choose to control the defense at your expense, and you will cooperate. You may not settle any claim that imposes any obligation or admission on a Fixerlane Party without our prior written consent.
26.4 Limits; fault-based indemnity. Your obligations under this Section do not extend to any loss to the extent it is caused by the negligence, gross negligence, fraud, or willful misconduct of a Fixerlane Party, and they apply only to the extent permitted by applicable law. In particular, where an anti-indemnity statute applies (for example, NMSA 1978, § 56-7-1, or a similar law in another state), nothing in these Terms requires anyone to indemnify or hold harmless a Fixerlane Party against liability for that Fixerlane Party's own negligence, and the indemnity applies only to the extent of the fault of the indemnifying party and the people for whom it is responsible.
27. Disputes between users#
27.1 Between you and the other user. ANY DISPUTE ABOUT PRO SERVICES OR ANY OTHER INTERACTION BETWEEN USERS — INCLUDING ABOUT QUALITY, DAMAGE, INJURY, PRICE, PAYMENT, DEPOSITS, REFUNDS, SCHEDULING, OR NO-SHOWS — IS SOLELY BETWEEN THOSE USERS. You agree to seek any remedy only from the user or third party responsible, and not from Fixerlane.
27.2 Our optional role. If we ask, you agree to take part in good faith in any informal mediation or resolution process we offer for a dispute with another user, but we have no obligation to intervene in or resolve any dispute. We may, but have no obligation to, provide tools or information to help users communicate or resolve disputes, provide records at a user's or authority's request, or take action on accounts. Any such involvement is voluntary, does not make us a party to the dispute or create any duty, and does not affect this Section or Sections 22 through 26.
27.3 Subpoenas and records. If you involve Fixerlane in a dispute between users through a subpoena or other legal process, you agree to reimburse our reasonable costs of responding where the law allows.
28. Dispute resolution with Fixerlane: binding arbitration and class action waiver#
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND FIXERLANE TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES THE RIGHT TO A JURY TRIAL, AND WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
28.1 Scope. This arbitration agreement covers any dispute, claim, or controversy between you and any Fixerlane Party arising out of or relating to these Terms, the Services, any Content, any communications from us, or your relationship with Fixerlane, whether based on contract, tort, statute, fraud, or any other legal theory, and whether it arose before or after you agreed to these Terms ("Dispute"). It includes Disputes about the scope, enforceability, or formation of this arbitration agreement, which the arbitrator will decide, except as stated in Sections 28.6, 28.7, and 28.12.
28.2 Exceptions (the same for both of us). Either you or Fixerlane may (a) bring an individual claim in small-claims court if it qualifies and stays there on an individual basis; and (b) ask a court for temporary or preliminary relief needed to preserve the status quo or prevent irreparable harm while an arbitration is being started or is pending, with the merits of the Dispute then decided in arbitration. Nothing in this Section prevents you from reporting a concern to, or seeking relief from, a federal, state, or local government agency that can seek relief on your behalf.
28.3 Informal resolution first. Before starting arbitration or small-claims proceedings, the party with a Dispute must send a written Notice of Dispute. Your notice must be sent by email to [email protected] (subject line "Notice of Dispute") or by mail to OLUM LLC (d/b/a Fixerlane), Attn: Legal – Dispute Notice, 8206 Louisiana Blvd NE, Ste A #8845, Albuquerque, New Mexico 87113, United States, and must include your name, the email or phone number on your account (if you have one), a description of the Dispute, and the relief you seek (including a good-faith estimate of any amount). It must be signed by you (a typed name in an email you send is enough), so that we know the Dispute is yours; if a lawyer represents you, the lawyer may also sign. Our notice to you will go to the email or address associated with your account, will contain the same information, and will be signed by an authorized Fixerlane representative. For 60 days after a complete notice is received, the parties will try in good faith to resolve the Dispute, including, if either party asks, through an individual phone or video settlement conference in which you and a Fixerlane representative personally take part (lawyers may also attend). Statutes of limitation and filing-fee deadlines are tolled during this period. A court may enforce this requirement, and an arbitration filed without complying with it may be dismissed or stayed.
28.4 Arbitration rules and forum. If the Dispute is not resolved within the 60-day period, either party may begin arbitration. The Federal Arbitration Act governs this Section. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules if you are using the Services as an individual for personal, family, or household purposes, or under its Commercial Arbitration Rules if you are using the Services for business purposes (for example, as a pro), in each case as modified by this Section. If the AAA is unavailable or declines to administer the arbitration, it will be administered by JAMS under its applicable rules (including its Consumer Arbitration Minimum Standards where applicable). The rules are available at adr.org and jamsadr.com.
28.5 Hearing, location, and fees. The arbitration will be conducted by a single neutral arbitrator. For claims of US $25,000 or less, the arbitration will be decided on written submissions unless the arbitrator requires a hearing. The seat (legal place) of the arbitration is Bernalillo County, New Mexico. Any hearing will take place remotely by video or telephone conference unless the arbitrator decides an in-person hearing is necessary. Any in-person hearing will take place in Bernalillo County, New Mexico, except that if you are an individual consumer and the applicable rules or law entitle you to an in-person hearing in or near the county where you live, it will take place there. The parties may agree to another location. Payment of filing, administrative, and arbitrator fees will be governed by the applicable rules, except that (a) if you are an individual using the Services for personal, family, or household purposes, Fixerlane will pay all filing, administrative, and arbitrator fees beyond the amount you would pay to file a claim in court; (b) if you are a pro and your claim is for US $25,000 or less, Fixerlane will do the same; and (c) in any case, if you show that the costs of arbitration would be prohibitive compared with the costs of litigating in court, Fixerlane will pay as much of them as the arbitrator finds necessary to prevent that. The arbitrator may reallocate fees only if a claim is found to be frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless a statute or these Terms allow the prevailing party to recover them, in which case the arbitrator will apply that statute. Fixerlane will not seek to recover its attorneys' fees or costs from an individual consumer in arbitration unless the arbitrator finds the consumer's claim frivolous or brought for an improper purpose.
28.6 JURY TRIAL WAIVER. YOU AND FIXERLANE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO HAVE A DISPUTE RESOLVED IN COURT, EXCEPT AS PROVIDED IN SECTION 28.2. The arbitrator may award the same individual damages and relief as a court, must follow these Terms, and will issue a written, reasoned decision. Judgment on the award may be entered in any court with jurisdiction.
28.7 CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. YOU AND FIXERLANE 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS PROVIDED FOR BATCHING IN SECTION 28.8) AND MAY AWARD RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. If a court decides, after all appeals, that this waiver is unenforceable as to a particular request for relief (such as a request for public injunctive relief), that request will be severed and decided by a court after the individual arbitration is complete, and all other claims will remain in arbitration. If a court decides, after all appeals, that this waiver is unenforceable as to a class, collective, or representative claim, this arbitration agreement will not apply to that claim, which will proceed in court (Section 29) instead. A court, not an arbitrator, will decide disputes about the validity, enforceability, or scope of this Section 28.7.
28.8 Mass arbitration. If 25 or more demands for arbitration raising substantially similar claims are filed against Fixerlane by or with the help of the same or coordinated counsel or organizations ("Mass Filing"), the following applies, in addition to any mass-arbitration procedures of the administrator: (a) counsel for the claimants and Fixerlane will select 10 demands (5 each) to proceed first as individual "bellwether" arbitrations, and the remaining demands will not be filed (or, if filed, will be held in abeyance, with no fees due) until the bellwethers are decided; (b) after the bellwethers are decided, the parties will engage in a global mediation for at least 60 days; (c) if the remaining demands are not resolved, they will proceed in batches of up to 50 demands, with one arbitrator per batch, one set of fees per batch, and one consolidated hearing (if any) per batch, while each claimant's claim remains individual; and (d) statutes of limitation are tolled for held demands from the time the first bellwether demands are filed until the claimant's demand is permitted to proceed. A court may enforce this Section, including by enjoining the filing or prosecution of demands or the assessment of fees in violation of it. (e) at any time, a claimant whose demand is being held may instead pursue that claim individually in small-claims court if it qualifies. This Section 28.8 applies in the same way if Fixerlane files 25 or more substantially similar demands. If this Section 28.8 is found unenforceable as to a Mass Filing, the claims in that Mass Filing will be decided in court on an individual basis.
28.9 30-DAY RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE WITHIN 30 DAYS AFTER YOU FIRST AGREE TO THESE TERMS (or, for a material change to this Section 28, within 30 days after the change takes effect, in which case you opt out of the change only). Send your notice by email to [email protected] with the subject line "Arbitration Opt-Out," or by mail to OLUM LLC (d/b/a Fixerlane), Attn: Legal – Arbitration Opt-Out, 8206 Louisiana Blvd NE, Ste A #8845, Albuquerque, New Mexico 87113, United States. Include your name, the email address and phone number on your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms, and Fixerlane will also not be bound by arbitration with you. A prior opt-out remains effective.
28.10 Changes. We will not change this Section 28 retroactively. If we make a material change to it, we will give you at least 30 days' notice; the change will apply only to Disputes arising from claims that accrue after the change takes effect, and never to a Dispute of which either party had notice before then; and you may reject the change as described in Section 28.9, in which case the version you last agreed to continues to apply to you.
28.11 Confidentiality; survival and severability. Except as needed to enforce an award or as required by law, the parties will keep the arbitration proceedings and any award confidential, but this does not prevent you from discussing your own experience or from reporting to a government agency. This Section survives the end of your relationship with Fixerlane. Except as stated in Sections 28.7 and 28.8, if any part of this Section is found unenforceable, the rest remains in effect.
28.12 Court decisions about this Section. Notwithstanding the arbitrator's authority in Section 28.1, a court may decide whether a party complied with Section 28.3 and may enforce Sections 28.7 and 28.8.
29. Governing law and venue#
These Terms and any Dispute are governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 28. For any matter that is not subject to arbitration, or if you opt out of arbitration, you and Fixerlane consent to the exclusive jurisdiction and venue of the state courts located in Bernalillo County, New Mexico, and the United States District Court for the District of New Mexico sitting in Albuquerque, except that small-claims actions may be brought in the court where you live. Nothing in this Section deprives consumers of any non-waivable protection of the laws of the state where they live. We chose New Mexico law because Fixerlane is organized and based in New Mexico.
IF A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION (FOR EXAMPLE, BECAUSE YOU OPTED OUT), YOU AND FIXERLANE EACH WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW, AND EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY TO THE EXTENT PERMITTED BY LAW.
30. Suspension and termination#
30.1 By you. You may stop using the Services at any time. Pros may cancel Subscriptions as described in Section 11.5. You may close your account from your settings or by contacting [email protected].
30.2 By us. We may suspend, restrict, or terminate your access to all or part of the Services, remove or de-list any listing or Content, or refuse service, at any time, if we reasonably believe that you have violated these Terms or the law, created risk or possible legal exposure for Fixerlane or other users, engaged in fraud or unsafe conduct, received serious or repeated complaints, failed to pay amounts due, or if required by law or a government request. Where practical and lawful, we will give notice and an explanation. We may also discontinue any feature or the Services generally.
30.3 Effect. On termination, your right to use the Services ends. Sections 12.6 (export) and 11 (amounts owed) apply to pros. If we terminate a paid Subscription without cause, we will refund any prepaid fees for the unused portion of the term. We may notify other users with whom you have pending jobs that your account has been suspended or is no longer active. Fixerlane is not responsible for compensating you or anyone else for jobs cancelled or delayed because of a suspension or termination, and fees already paid are non-refundable except as stated in these Terms or required by law. Reviews and content others posted about you may remain.
30.4 Survival. Sections that by their nature should survive termination will survive, including Sections 2, 5.2, 6, 8, 10.4–10.5, 11.8, 12.2, 15.2 (as described), 16.5, 20 through 29, and 33.
31. Changes to the Services and to these Terms#
31.1 Changes to the Services. We continually improve the Services and may add, change, or remove features. If we remove a material feature of a paid plan during a billing period, we will give reasonable notice where practical.
31.2 Changes to these Terms. We may update these Terms. If a change is material, we will give you at least 30 days' notice by email, in-app notice, or a notice on the Services before it takes effect, unless the change is required by law or addresses a new feature or safety issue, in which case it may take effect sooner. The "Last updated" date will show when the Terms last changed. Changes apply only going forward: they will not apply retroactively and will not apply to any claim or Dispute that arose before the change took effect. If you continue using the Services after the effective date, you accept the updated Terms. If you do not agree, you must stop using the Services and, if you are a pro, cancel your Subscription; if a material change is adverse to you and you cancel a prepaid Subscription because of it within 30 days after it takes effect, we will refund the prepaid fees for the unused portion of your term. Changes to Section 28 are governed by Section 28.10.
32. Notices and consent to electronic communications#
32.1 Electronic communications. By using the Services, you consent to receive agreements, notices, disclosures, receipts, and other communications from us electronically, by email, text, in-app message, or posting on the Services, and you agree that they satisfy any legal requirement that they be in writing. You also agree that electronic signatures, approvals, and clicks you make through the Services (including approving quotes) are legally binding under the federal E-SIGN Act and similar state laws.
32.2 Hardware and software. To receive electronic communications you need a device with internet access, a current web browser or our app, and a valid email address. You can keep copies by printing or saving them.
32.3 Withdrawing consent. You may withdraw consent to electronic communications by emailing [email protected] with "Withdraw E-Consent" in the subject line, and you may request a paper copy of any notice at no charge. Because the Services are provided online, withdrawing consent may require us to close your account.
32.4 Notices to us. Legal notices to Fixerlane must be sent by email to [email protected] or by mail to OLUM LLC (d/b/a Fixerlane), Attn: Legal, 8206 Louisiana Blvd NE, Ste A #8845, Albuquerque, New Mexico 87113, United States. Notices are effective when received.
33. General terms#
33.1 Entire agreement. These Terms, together with the Privacy Policy and any additional terms referred to in Section 1.3, are the entire agreement between you and Fixerlane about the Services and replace any prior agreements on that subject.
33.2 Severability. If any provision (or part of a provision) is found invalid or unenforceable, it will be limited or modified to the minimum extent necessary to make it enforceable, consistent with its original intent, and the remaining provisions will remain in full effect, except as stated in Sections 28.7, 28.8, and 28.11.
33.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
33.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. We may also transfer the operation of the Services, and these Terms, to an affiliated or successor company. We will tell you about such a transfer by email or a notice on the Services; from then on, "Fixerlane," "we," "us," and "our" mean that company, and your rights under these Terms are not reduced by the transfer.
33.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, pandemics, war, terrorism, civil unrest, labor disputes, government action, power or internet outages, failures of carriers or third-party providers, and cyberattacks.
33.6 Independent parties. You and Fixerlane are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship.
33.7 Subrogation. To the fullest extent permitted by law, any insurer, subrogee, or assignee of your claims is bound by these Terms, including the release, limitations of liability, and arbitration provisions, and has no greater rights against the Fixerlane Parties than you do. To the fullest extent permitted by law, you waive, and will ask your insurers to waive, any right of subrogation against the Fixerlane Parties for losses arising from Pro Services or other users' conduct, and any insurer that pays a claim on your behalf is deemed to take subject to that waiver.
33.8 TIME LIMIT TO BRING CLAIMS. TO THE EXTENT PERMITTED BY LAW, ANY CLAIM BY YOU AGAINST FIXERLANE, OR BY FIXERLANE AGAINST YOU, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIMING PARTY KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE CLAIM; OTHERWISE, IT IS PERMANENTLY BARRED. This does not shorten any period that the law says cannot be shortened by agreement, and the informal-resolution period in Section 28.3 does not count against it.
33.9 No third-party beneficiaries. Except for the Fixerlane Parties (who may enforce Sections 22 through 28) and as stated in Section 19.2, there are no third-party beneficiaries of these Terms. Each Fixerlane Party may enforce Section 28 as if it were a party to it, and if that right is found unenforceable as to any Fixerlane Party, Section 28 still applies between you and Fixerlane. In particular, nothing in these Terms gives a customer any rights against Fixerlane for a pro's obligations, or a pro any rights against Fixerlane for a customer's obligations.
33.10 Export and sanctions. You will comply with all U.S. and other applicable export-control and sanctions laws in using the Services.
33.11 Interpretation. Headings are for convenience only. "Including" means "including without limitation." The summary at the top of these Terms is for convenience and does not limit these Terms.
33.12 Language. These Terms are written in English. Any translation is for convenience, and the English version controls to the extent permitted by law.
33.13 State-specific notices.
- California: Under California Civil Code § 1789.3, California users are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California customers may also check a contractor's license with the Contractors State License Board.
- New Mexico: Nothing in these Terms waives any right or remedy under the New Mexico Unfair Practices Act or other New Mexico law that cannot be waived by agreement.
- New Jersey: Nothing in these Terms limits any rights you may have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. Provisions of Sections 23 through 26 apply only to the extent permitted by New Jersey law.
- Other states: If you live in a state whose law does not permit a particular provision of these Terms, that provision applies to you only to the extent that state's law allows.
34. Contact us#
Questions about these Terms or the Services:
- Support: [email protected]
- Legal notices, arbitration opt-outs, and copyright: [email protected]
- Privacy and listing removal: [email protected], or use the listing removal form
- Mail: OLUM LLC (d/b/a Fixerlane), Attn: Legal, 8206 Louisiana Blvd NE, Ste A #8845, Albuquerque, New Mexico 87113, United States
Thank you for using Fixerlane.