Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the FIXCAR mobile application, our web service, and the website at getfixcar.com (together, the “Services”), operated by FIXCAR LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA.

By creating an account or using the Services, you agree to these Terms. If you do not agree with them, please do not use the Services. If you are agreeing on behalf of a business, you confirm you have the authority to bind that business, and “you” means that business.

The Services read data reported by a vehicle and present an interpretation of it — fault codes, sensor readings, condition indicators and related information. They are an informational and diagnostic aid.

The Services are not a substitute for professional inspection, and no output from them is a guarantee that a vehicle is safe or roadworthy. Vehicle data can be incomplete, a vehicle can misreport its own condition, and some faults produce no signal at all. Always use your own judgement and consult a qualified technician for anything that affects safety.

You must be at least 13 years old — or the minimum age in your jurisdiction, if it is higher — to use the Services, and old enough to enter a binding contract where one is required. You are responsible for the accuracy of your account details, for keeping your credentials confidential, and for activity that happens under your account. Tell us at contacto@getfixcar.com promptly if you believe your account has been compromised.

When using the Services, you agree not to:

• Use them for any unlawful purpose, or in breach of any regulation that applies to you or the vehicle.
• Connect to or read data from a vehicle you do not own or are not authorised to access.
• Interfere with, disrupt, overload or attempt to gain unauthorised access to the Services or their infrastructure.
• Reverse engineer, decompile or attempt to derive the source code of the Services, except to the extent that restriction is unenforceable by law.
• Scrape, harvest or systematically extract data from the Services, or resell access to them, without our written permission.
• Use the Services in a way that endangers anyone, or that presents their output as a professional safety certification.
• Misrepresent your identity or your affiliation with any person or organisation.

You keep ownership of the data you submit to the Services, including your vehicle data. You grant us a limited licence to host, process and display that data solely to provide the Services to you, to support you, and to keep the Services secure and working — as described in our Privacy Policy. This licence ends when you delete the data or your account, except for de-identified data that can no longer be linked to you.

You are responsible for having the right to submit the data you submit — in particular, for having permission to read data from any vehicle you connect.

The Services, including their software, interfaces, text, design and the FIXCAR name and marks, are owned by FIXCAR LLC and protected by intellectual property law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. Nothing in these Terms transfers any ownership to you.

Vehicle manufacturer names, models and marks referenced within the Services are the property of their respective owners and are used only to identify vehicles. Their use does not imply any affiliation with, or endorsement by, those owners.

Some features may require payment or a subscription. Where they do, the price, billing period and renewal terms are shown before you buy. Subscriptions purchased through an app store are billed by that store and governed by its rules, including its refund policy and its cancellation process — you manage and cancel them in your app store account. We may change pricing on notice; a change never applies to a billing period you have already paid for.

We work to keep the Services available and reliable, but we do not promise uninterrupted access. We may modify, suspend or discontinue any part of the Services. Where a change materially reduces functionality you rely on, we will give reasonable notice unless the change is required for security, legal or urgent operational reasons.

To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that diagnostic interpretations will be complete or correct in every case, or that the Services will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted there, and nothing in these Terms limits rights you have that cannot be limited by contract.

To the fullest extent permitted by law, FIXCAR LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Services — whether based in contract, tort or any other legal theory, and even if we were advised of the possibility.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services is limited to the greater of the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or one hundred United States dollars (USD 100).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

You agree to indemnify and hold harmless FIXCAR LLC and its officers, employees and agents from any claim, demand, loss or expense (including reasonable legal fees) arising from your misuse of the Services, your breach of these Terms, or your violation of any law or the rights of a third party.

You may stop using the Services at any time and may delete your account through our account deletion page. We may suspend or terminate your access if you materially breach these Terms, if your use creates a legal or security risk, or if we are required to by law. Where the circumstances reasonably allow it, we will tell you why and give you a chance to put the problem right. Sections that by their nature should survive termination — such as those on intellectual property, disclaimers, liability and indemnity — will do so.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The courts located in Wyoming will have exclusive jurisdiction over any dispute arising from these Terms or the Services, except where mandatory law in your country of residence grants you the right to bring proceedings in your local courts — in which case that right is unaffected.

Before starting formal proceedings, we ask that you contact us at contacto@getfixcar.com so we can try to resolve the matter directly. Most things can be sorted out this way.

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the rest remains in force and the unenforceable part applies to the maximum extent permitted. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.

We may update these Terms from time to time. When we make a material change, we will update the date at the top of this page and, where appropriate, notify you through the Services. Continuing to use the Services after a change takes effect means you accept the updated Terms.

Questions about these Terms can go to contacto@getfixcar.com, or by post to FIXCAR LLC, 30 N Gould St, STE R, Sheridan, WY 82801, USA.