Terms of Service
Last Updated: January 19, 2025
Welcome to ServFixo! These Terms of Service ("Terms") govern your access to and use of the ServFixo website, mobile applications, and services (collectively, the "Service") operated by ServFixo, Inc. ("ServFixo," "we," "us," or "our").
Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
1. Description of Service
ServFixo provides a cloud-based field service management platform designed for home service professionals ("Pros") and their customers. Our Service includes:
- Online booking and scheduling tools
- Dispatch and route optimization
- Customer relationship management (CRM)
- Invoicing and payment processing
- Mobile applications for field technicians
- Reporting and analytics
- Customer communication tools
2. Account Registration and Eligibility
2.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into these Terms to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
2.2 Account Creation
To access certain features of the Service, you must create an account. When creating your account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
2.3 Business Accounts
If you register for an account on behalf of a business, you represent that you have the authority to bind that business to these Terms, and your acceptance of these Terms will be treated as acceptance by that business.
3. Subscription Plans and Fees
3.1 Subscription Plans
ServFixo offers various subscription plans with different features and pricing. The specific features and pricing for each plan are described on our Pricing page.
3.2 Free Trial
We may offer a free trial period for certain subscription plans. At the end of the free trial, you will be automatically charged for the subscription unless you cancel before the trial expires.
3.3 Billing and Payment
By subscribing to a paid plan, you agree to pay the applicable subscription fees. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
- All fees are stated in U.S. dollars unless otherwise specified
- Fees are non-refundable except as required by law or as expressly stated herein
- We may change fees with 30 days' prior notice
- You are responsible for all applicable taxes
3.4 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.
4. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable federal, state, local, or international law or regulation
- Transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
- Use any robot, spider, or other automated device to access the Service
- Collect or harvest any personally identifiable information from the Service
- Use the Service to send spam, chain letters, or other unsolicited communications
- Reverse engineer, decompile, or disassemble any portion of the Service
- Remove any copyright, trademark, or other proprietary notices from the Service
5. User Content
5.1 Your Content
You retain ownership of any content, data, or information that you submit, upload, or transmit through the Service ("User Content"). By submitting User Content, you grant ServFixo a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display such User Content solely for the purpose of providing the Service to you.
5.2 Your Responsibilities
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content
- Your User Content does not violate the rights of any third party
- Your User Content is accurate and not misleading
5.3 Customer Data
If you are a Pro, you are responsible for obtaining any necessary consents from your customers before entering their information into the Service. You must comply with all applicable privacy laws regarding the collection and use of customer data.
6. Payment Processing
6.1 Payment Services
ServFixo integrates with third-party payment processors (such as Stripe) to enable Pros to accept payments from their customers. By using our payment processing features, you agree to the terms and conditions of our payment processor partners.
6.2 Transaction Fees
Transaction fees may apply to payments processed through the Service. Current transaction fees are available on our Pricing page or within your account settings.
6.3 Payouts
Funds collected through the Service will be transferred to your designated bank account according to the payout schedule specified in your account settings, less any applicable fees.
7. Intellectual Property Rights
7.1 ServFixo's Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by ServFixo, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 License to Use
Subject to your compliance with these Terms, ServFixo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
8. Third-Party Services and Links
The Service may contain links to third-party websites or services that are not owned or controlled by ServFixo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
We may also integrate with third-party services such as QuickBooks, Google Maps, and payment processors. Your use of these integrations is subject to the terms and conditions of those third-party services.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
ServFixo does not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVFIXO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
IN NO EVENT SHALL SERVFIXO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO SERVFIXO IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to defend, indemnify, and hold harmless ServFixo and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
12. Term and Termination
12.1 Term
These Terms will remain in full force and effect while you use the Service.
12.2 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease.
12.3 Termination by ServFixo
We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
12.4 Effect of Termination
Upon termination, all licenses and rights granted to you under these Terms will immediately cease. You may request a copy of your data within 30 days of termination. After that period, we may delete your data in accordance with our data retention policies.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
13.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language in Delaware.
13.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ServFixo regarding the Service.
14.2 Waiver and Severability
No waiver by ServFixo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms is held by a court to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
14.3 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
14.4 Notices
We may provide notices to you by email to the address associated with your account. You may provide notices to us by emailing legal@servfixo.com.
15. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
16. Contact Us
If you have any questions about these Terms, please contact us:
- Email: legal@servfixo.com
- Support: support@servfixo.com