Terms of Service

Effective Date: July 1, 2025

Welcome to Fixiol ("we," "us," or "our"). These Terms of Service ("Terms") govern your use of our AI-powered property and roofing analysis platform available at fixiol.com ("Landing Site") and app.fixiol.com ("Application") (collectively, the "Platform"). By accessing or using our Platform, you ("User," "you," or "your") agree to be bound by these Terms.

1. Acceptance and Eligibility

1.1 Agreement to Terms

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.2 Eligibility Requirements

  • You must be at least 18 years old to use Fixiol

  • You must have the legal capacity to enter into binding agreements

  • You represent that all information provided during registration is accurate and complete

  • Your use of the Platform must comply with all applicable local, state, national, and international laws

1.3 Business Use

If you are using the Platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Platform Services

2.1 Service Description

Fixiol provides AI-powered analysis services including:

  • Roof damage detection and assessment

  • Property measurement and analysis

  • Weather impact correlation and insights

  • Energy deficiency evaluation

  • Cost estimation and repair recommendations

  • Report generation and project management tools

2.2 Service Availability

We strive to maintain Platform availability but do not guarantee uninterrupted access. We may temporarily suspend the Platform for maintenance, updates, or technical issues.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We will provide reasonable advance notice for material changes that affect your use of the Platform.

3. User Accounts and Responsibilities

3.1 Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You agree to maintain and update this information as necessary.

3.2 Account Security

  • You are solely responsible for maintaining the confidentiality of your account credentials

  • You must notify us immediately of any unauthorized access or security breach

  • You are liable for all activities that occur under your account

  • We recommend using strong passwords and enabling two-factor authentication when available

3.3 Prohibited Uses

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of applicable laws

  • Upload malicious software, viruses, or harmful code

  • Attempt to gain unauthorized access to our systems or other users' accounts

  • Reverse engineer, decompile, or attempt to extract source code from the Platform

  • Use automated tools to scrape or harvest data from the Platform

  • Share your account credentials with third parties

  • Create multiple accounts to circumvent limitations or restrictions

  • Use the Platform to compete with our business or develop competing services

4. Data and Content

4.1 Your Data Ownership

You retain ownership of all data, images, and content you upload to the Platform ("User Content"). You grant us a limited, non-exclusive license to process, analyze, and store your User Content solely to provide our services.

4.2 Data Processing Rights

By uploading User Content, you grant us the right to:

  • Process and analyze your data using our AI algorithms

  • Store your data securely on our servers and those of our service providers

  • Generate reports and analyses based on your data

  • Use aggregated, anonymized data for service improvement (without identifying you or your specific properties)

4.3 User Content Responsibilities

You represent and warrant that:

  • You own or have the right to upload all User Content

  • Your User Content does not violate any third-party rights

  • Your User Content complies with all applicable laws

  • You have obtained necessary consents for any personal data included in User Content

4.4 Prohibited Content

You may not upload content that:

  • Violates any law or regulation

  • Infringes on intellectual property rights

  • Contains personal information of third parties without consent

  • Is defamatory, obscene, or harmful

  • Contains malware or malicious code

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Platform, including all software, algorithms, designs, text, graphics, user interfaces, and trademarks, is owned by Fixiol and protected by intellectual property laws. All rights not expressly granted are reserved.

5.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes during your subscription period.

5.3 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about the Platform become our property and may be used without compensation or attribution.

6. AI Analysis and Accuracy Disclaimers

6.1 AI-Generated Results

Our Platform uses artificial intelligence and machine learning algorithms to analyze property data and generate reports. These AI systems:

  • Process data based on available information and trained models

  • May not account for all variables or site-specific conditions

  • Continuously improve but are not infallible

  • Should be considered as analytical tools, not definitive assessments

6.2 Accuracy Limitations

IMPORTANT: AI-powered reports, weather insights, damage assessments, cost estimates, and analysis results are provided for informational purposes only. We do not guarantee that these results are:

  • 100% accurate or complete

  • Suitable for insurance claims or legal proceedings

  • Appropriate for final decision-making without professional verification

  • Current or reflective of real-time conditions

6.3 Professional Consultation Recommended

We strongly recommend that you:

  • Verify AI-generated results with qualified professionals

  • Conduct physical inspections before making significant decisions

  • Consult with licensed contractors, engineers, or insurance professionals as appropriate

  • Use our analysis as a starting point, not a final determination

6.4 External Data Sources

Our analyses rely on third-party data sources including satellite imagery, weather data, and property records. We are not responsible for the accuracy or completeness of such external data.

7. Subscription and Payment Terms

7.1 Subscription Plans

Access to Platform features requires a paid subscription. Current plans and pricing are available on our website and may be modified with reasonable notice.

7.2 Payment Processing

Payments are processed securely through third-party payment processors (such as Stripe). You authorize us to charge your selected payment method for applicable fees.

7.3 Billing and Renewals

  • Subscriptions automatically renew unless cancelled

  • You will be charged in advance for each renewal period

  • Price changes will be communicated at least 30 days in advance

  • You may cancel your subscription at any time through your account settings

7.4 Refunds

Refund policies are outlined in your subscription agreement. Generally, fees are non-refundable except as required by law.

8. Limitation of Liability

8.1 Service Provided "As Is"

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXIOL SHALL NOT BE LIABLE FOR ANY:

  • Direct, indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, or business opportunities

  • Business interruption or loss of use

  • Damages resulting from reliance on AI-generated analyses or reports

  • Claims, litigation, or insurance matters based on Platform outputs

8.3 Maximum Liability Cap

Our total liability to you for all claims related to the Platform shall not exceed the amount paid by you for the Platform services in the 12 months preceding the claim.

8.4 State Law Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fixiol, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform

  • Your User Content

  • Your violation of these Terms

  • Your violation of any third-party rights

10. Privacy and Data Protection

10.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10.2 Data Security

We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security of information transmitted over the internet.

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or contacting our support team.

11.2 Termination by Us

We may suspend or terminate your access to the Platform immediately if you:

  • Violate these Terms

  • Engage in fraudulent or harmful activities

  • Fail to pay applicable fees

  • Use the Platform in ways that could harm our business or other users

11.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease

  • You remain liable for all charges incurred through the termination date

  • Data retention and deletion will follow our Privacy Policy

  • Provisions that should survive termination (such as intellectual property rights and limitation of liability) will continue to apply

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

12.2 Jurisdiction

Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Virginia, and you consent to the jurisdiction of such courts.

12.3 Arbitration

For disputes involving claims under $10,000, you and Fixiol agree to resolve disputes through binding arbitration rather than in court, except that either party may bring claims in small claims court if they qualify.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fixiol regarding the Platform.

13.2 Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated through:

  • Email notification to registered users

  • Prominent notice on the Platform

  • Updated effective date on this document

Continued use of the Platform after changes constitutes acceptance of the updated Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.5 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations under these Terms without restriction.

13.6 Force Majeure

We are not liable for any delay or failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or government actions.

14. Contact Information

For questions about these Terms of Service, please contact us at:

Fixiol
Support: support@fixiol.com



Last Updated: June 6, 2025
Document Version: 1.0