Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Fixty Inc. ("Fixty," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the Fixty platform, including our website at fixty.com, mobile application, and all related services (collectively, the "Platform").
By creating an account, subscribing to a plan, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Cookie Policy, and Acceptable Use Policy, which are incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Platform.
Eligibility
To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement.
You must operate a legitimate business, whether as a sole proprietor, independent contractor, or registered business entity. The Platform is designed for mobile mechanics and automotive service providers.
Each business may maintain only one active Fixty account. Creating multiple accounts for the same business to circumvent usage limits or obtain multiple free trials is prohibited and may result in termination of all associated accounts.
Account Registration
When you create an account, you agree to provide accurate, current, and complete information during the registration and onboarding process. You are responsible for keeping your account information up to date.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@fixty.com if you become aware of any unauthorized use of your account or any other breach of security.
Fixty is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
Subscription Plans and Pricing
Fixty offers three subscription tiers, each designed to meet different business needs.
Starter Plan
The Starter plan is priced at $39 per month and is designed for individual mechanics who are getting started with digital business management.
Professional Plan
The Professional plan is priced at $79 per month and is suited for established mobile mechanics looking for advanced features to grow their business.
Business Plan
The Business plan is priced at $149 per month and is built for high-volume operations that need comprehensive tools and priority support.
Feature Availability
The specific features available under each plan are described on our pricing page at fixty.com/pricing. We may modify the features included in each tier from time to time, and any material reductions will be communicated with at least 30 days advance notice.
Payment Terms
All payments are processed exclusively through our web-based checkout powered by Stripe. We do not accept payments through the mobile application or any other channel.
Subscriptions are billed on a monthly recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the applicable subscription fee at the beginning of each billing cycle.
If we change our pricing, we will provide at least 30 days advance notice before the new prices take effect. The updated pricing will apply at the start of your next billing cycle following the notice period. If you do not agree with the new pricing, you may cancel your subscription before the price change takes effect.
All fees are stated in United States dollars and are non-refundable except as expressly provided in these Terms or as required by applicable law.
Free Trial
Fixty offers a 14-day free trial for new users. The trial gives you full access to evaluate the Platform without providing a credit card.
At the end of the 14-day trial period, your trial will automatically expire. You will not be charged unless you actively choose to subscribe to a paid plan. Your data will be retained for 30 days after the trial expires to give you time to subscribe and continue where you left off.
You may upgrade to a paid subscription at any time during the trial. The free trial is limited to one per business. Abuse of the free trial program, including creating multiple accounts, may result in account termination.
Your Data
You retain full ownership of all data you enter into the Platform, including customer records, vehicle information, job details, quotes, invoices, and any other business data ("Your Data"). Fixty does not claim any ownership rights over Your Data.
You grant Fixty a limited, non-exclusive license to process, store, and transmit Your Data solely for the purpose of providing and improving the Platform services. This license terminates when you delete Your Data or close your account.
You may export Your Data at any time using the export functionality provided in the Platform. Upon account termination, you will have a 30-day window to export Your Data before it is permanently deleted from our systems.
Fixty processes Your Data on your behalf in its capacity as a data processor. You are the data controller for any personal information of your customers that you enter into the Platform, and you are responsible for ensuring that you have the necessary consents and legal bases to collect and process that information.
Intellectual Property
The Platform, including its software, design, text, graphics, logos, icons, and all other content and technology (collectively, "Fixty Materials"), is owned by Fixty Inc. and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes in accordance with these Terms. This license does not include the right to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any Fixty Materials.
You retain all rights to the content you create and upload to the Platform, including your business branding, custom templates, and communications. By uploading content to the Platform, you represent that you have the right to do so and that such content does not infringe upon the rights of any third party.
Acceptable Use
Your use of the Platform is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to use the Platform only for lawful business purposes related to automotive services and business management.
Without limiting the foregoing, you may not use the Platform to send unsolicited commercial messages (spam) via SMS or email, store or transmit content that is illegal, harmful, threatening, abusive, or otherwise objectionable, attempt to gain unauthorized access to other users' data or accounts, interfere with or disrupt the integrity or performance of the Platform, reverse engineer, decompile, or disassemble any aspect of the Platform, use the Platform for any purpose other than managing your automotive service business, or violate any applicable local, state, national, or international law or regulation.
Service Availability
We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. The Platform is provided on a "best effort" basis with respect to uptime and availability.
We may perform scheduled maintenance that temporarily affects Platform availability. When possible, we will provide advance notice of scheduled maintenance windows through in-app notifications or email.
Separate Service Level Agreements (SLAs) may be available for Business plan subscribers, which provide specific uptime commitments and remedies. The terms of any SLA will govern over these general Terms with respect to service availability.
Fixty is not liable for any downtime, data loss, or interruption caused by factors outside our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or acts of government.
Termination
Either party may terminate the subscription and account under the following conditions.
Termination by You
You may cancel your subscription and close your account at any time through the account settings in the Platform. Cancellation takes effect at the end of your current billing period, and you will retain access to the Platform until then. No partial refunds are issued for unused portions of a billing period.
Termination by Fixty
We may suspend or terminate your account immediately and without notice if you violate these Terms, the Acceptable Use Policy, or any applicable law, or if we reasonably believe your account has been compromised.
For reasons other than a violation, we will provide at least 30 days written notice before terminating your account. During this notice period, you will continue to have access to the Platform and may export Your Data.
Effect of Termination
Upon termination, your right to access and use the Platform ceases. You will have 30 days from the date of termination to export Your Data. After this 30-day period, Your Data will be permanently deleted from our systems in accordance with our data retention practices described in our Privacy Policy.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIXTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL FIXTY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO FIXTY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Fixty Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Your use of the Platform in violation of these Terms or any applicable law or regulation. Your Data, including any claims that your customer data was collected, stored, or processed without proper consent or legal basis. Any breach of security resulting from your failure to maintain the confidentiality of your account credentials. Any content you submit, post, or transmit through the Platform that infringes upon the intellectual property rights of any third party.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
The arbitration shall be conducted by a single arbitrator and shall take place in Wilmington, Delaware, or at another location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FIXTY.
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 principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days advance notice by posting the revised Terms on the Platform and, where appropriate, notifying you by email.
Your continued use of the Platform after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Platform and close your account before the changes take effect.
Contact
If you have any questions about these Terms of Service, please contact us:
Email: legal@fixty.com
Fixty Inc., a Delaware corporation.