Terms & Conditions

1. Acceptance of these Terms

These Terms & Conditions ("Terms") form a binding agreement between you ("you" or "User") and FixLoupe ("FixLoupe", "we", "us", or "our") governing your access to and use of the FixLoupe mobile applications, website, and related services (collectively, the "Service").

By creating an account, downloading or installing the app, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

If you are a service provider, your use of the Service is also governed by the Provider Agreement, which supplements (and, where it conflicts, controls over) these Terms with respect to provider activities.

2. Definitions

• Homeowner / User — a person who uses the Service to request, browse, or book home restoration, repair, or maintenance services.
• Provider — an independent business or contractor that offers services through the Service.
• Lead — a service request submitted by a Homeowner and made available to one or more Providers.
• Content — any text, photos, video, reviews, ratings, or other material submitted to or made available through the Service.

3. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. By using the Service you represent and warrant that you meet these requirements, that the information you provide is accurate, and that your use complies with all applicable laws. The Service is not directed to children, and we do not knowingly collect information from children under 13.

4. Accounts and security

Some features require an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate information, keep it current, and notify us promptly of any unauthorized use.

We may suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

5. Nature of the Service — a marketplace

FixLoupe is a technology platform that connects Homeowners with independent Providers of home restoration and repair services. FixLoupe is not a contractor, builder, restoration company, or provider of home services, and we do not perform the services that Providers offer.

Providers are independent third parties and are not employees, agents, partners, or representatives of FixLoupe. Any contract for services is formed solely between the Homeowner and the Provider. We do not control, and are not responsible for, the existence, quality, safety, legality, timing, or pricing of the services offered or delivered by Providers, nor for the truth or accuracy of any listing, quote, or Content.

Any estimates, quotes, recommendations, match scores, or ratings shown in the Service are provided for convenience only and do not constitute a guarantee, endorsement, or warranty by FixLoupe. You are solely responsible for evaluating, selecting, and contracting with any Provider, including verifying their licensing, insurance, and suitability for your needs.

6. License to use the Service

Subject to your compliance with these Terms, FixLoupe grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the app on a device you own or control, and to access the Service, solely for your personal, non-commercial use (or, for Providers, for your internal business use as permitted by the Provider Agreement). All rights not expressly granted are reserved.

7. Additional terms for Apple App Store users

The following terms apply if you obtained the app from the Apple App Store and supplement (and, where required, control) the license above. You acknowledge and agree that:

• These Terms are concluded solely between you and FixLoupe, and not with Apple Inc. ("Apple"). FixLoupe, not Apple, is solely responsible for the app and its content.
• Apple has no obligation to furnish any maintenance or support services for the app. Any questions, complaints, or claims regarding the app should be directed to FixLoupe at the contact below.
• The license granted is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the applicable Apple Media Services Terms and Conditions.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• FixLoupe, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, FixLoupe, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

8. Additional terms for Google Play users

If you obtained the app from Google Play, you acknowledge that your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app or its content. Google has no obligation to provide maintenance or support for the app, and any questions or claims regarding the app should be directed to FixLoupe.

9. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service for any unlawful, fraudulent, or harmful purpose;
• post Content that is false, misleading, defamatory, infringing, obscene, harassing, or that violates the rights or privacy of others;
• impersonate any person or entity, or misrepresent your affiliation, licensing, or qualifications;
• circumvent the platform to solicit or complete transactions off-platform in order to avoid fees, where prohibited by the Provider Agreement;
• scrape, copy, reverse engineer, decompile, or attempt to extract source code from the Service, except to the extent such restriction is prohibited by law;
• introduce malware, interfere with or disrupt the Service, or attempt to gain unauthorized access to any system or account; or
• use the Service to send spam or unsolicited communications.

10. User Content

You retain ownership of Content you submit. By submitting Content, you grant FixLoupe a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), display, and distribute that Content as necessary to operate, provide, improve, and promote the Service. For example, photos you upload of a job site may be shared with Providers you choose to contact.

You represent that you have all rights necessary to grant this license and that your Content does not violate these Terms or any law. We may remove or restrict Content that we reasonably believe violates these Terms, but we have no obligation to monitor Content.

11. Bookings, quotes, and payments

When you request services, submit a Lead, or accept a quote, you may enter into a direct agreement with a Provider. Pricing, scope, scheduling, payment terms, cancellations, refunds, and warranties for the underlying services are set by the Provider and the Homeowner, not by FixLoupe.

Where the Service facilitates payments through a third-party payment processor, your use of that payment functionality is subject to the processor's terms. FixLoupe is not responsible for payment disputes between Homeowners and Providers, although we may, at our discretion, help facilitate a resolution.

12. Fees

Use of the Service by Homeowners is generally free, though certain features may carry fees that will be disclosed before you incur them. Provider fees, commissions, and subscriptions are described in the Provider Agreement. We may change our fees on prospective notice.

13. Intellectual property

The Service, including its software, design, text, graphics, logos, and the "FixLoupe" name and marks, is owned by FixLoupe or its licensors and is protected by intellectual property laws. Except for the limited license granted above, these Terms do not grant you any right, title, or interest in the Service or our marks. You may not use our marks without our prior written permission.

14. Third-party services and links

The Service may integrate with or link to third-party services (such as mapping, analytics, authentication, or payment providers) and to Provider websites. We do not control and are not responsible for third-party services or content, and your use of them may be subject to their own terms and privacy policies.

15. Disclaimer of warranties

16. Limitation of liability

17. Indemnification

You agree to defend, indemnify, and hold harmless FixLoupe and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your Content, your violation of these Terms, or your violation of any law or the rights of a third party.

18. Suspension and termination

You may stop using the Service at any time and may delete your account as described in our Privacy Policy. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or to protect the Service or other users. Sections that by their nature should survive termination (including IP, disclaimers, liability, indemnification, and dispute resolution) will survive.

19. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules, and, where applicable, by U.S. federal law. Subject to the arbitration provision below, the state and federal courts located in Florida will have exclusive jurisdiction over any dispute not subject to arbitration.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at the email below and allowing 30 days to reach a resolution.

Arbitration. To the extent permitted by law, any dispute that is not resolved informally will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in Florida, rather than in court, except that either party may bring a claim in small-claims court. You and FixLoupe waive the right to a jury trial and to participate in a class or representative action. If this class-action waiver is held unenforceable, the remainder of this section will not apply to that claim. Nothing in this section prevents either party from seeking injunctive relief to protect intellectual property rights. Where mandatory consumer law gives you the right to bring proceedings in your local courts, this section does not override that right.

20. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice (such as in-app notice). Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

21. General

• Entire agreement. These Terms, the Privacy Policy, and (for Providers) the Provider Agreement are the entire agreement between you and FixLoupe regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

22. Contact us

Questions about these Terms? Contact FixLoupe at support@fixloupe.org.