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