Fixr Terms of Service

1. Who We Are

Fixr, including the Fixr website, Fixr web application, Fixr APIs, the Fixr Assistant browser extension, and related hosted services (together, the "Services"), is provided by:

Fixr and DataFixr are products and trading brands of Epik8 Ltd.

In these Terms, "Fixr", "DataFixr", "we", "us", and "our" mean Epik8 Ltd. "You" and "your" mean the individual or legal entity accessing or using the Services.

2. Scope and Acceptance

These Terms apply when you visit the Fixr website, create or use a Fixr account, use the Fixr web application or APIs, install or use the Fixr Assistant browser extension, or otherwise access or use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you use the Services on behalf of a company, employer, or other organisation, you represent that you have authority to bind that entity, and "you" includes that entity.

The Services are intended for business and professional use. If you have entered into a separate order form, enterprise agreement, statement of work, or other written agreement with us, that agreement will control to the extent of any conflict with these Terms.

The Fixr Assistant browser extension is designed to help users capture company and contact details from supported LinkedIn company pages and LinkedIn profile pages and compare, create, or update records in Fixr.

3. Accounts and Authorized Users

• You must provide accurate, current, and complete registration, billing, and account information and keep it updated.
• You are responsible for safeguarding account credentials, API keys, access tokens, and other authentication secrets associated with your use of the Services.
• You are responsible for all activity that occurs under your account, workspace, or credentials, whether performed by you or by your authorized users.
• If your organisation uses administrator or manager roles, you are responsible for assigning and managing those roles appropriately.
• You must notify us promptly if you become aware of unauthorized access to your account or credentials.

4. Use of the Services

Subject to these Terms and any applicable ordering materials, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services during the applicable term for your internal business purposes.

You must not, and must not permit others to:

• use the Services in violation of these Terms, our published policies, applicable law, or the rights of others;
• copy, modify, distribute, sell, sublicense, lease, reverse engineer, decompile, or attempt to extract source code from the Services except to the extent permitted by law;
• interfere with, disrupt, probe, or test the vulnerability of the Services or any related system or network without authorization;
• circumvent authentication, access controls, feature restrictions, usage limits, credits, or rate limits that apply to the Services;
• submit, upload, transmit, or process malware, harmful code, unlawful content, or data that you do not have the right to use; or
• resell, white-label, or provide the Services to third parties as a service bureau except where we expressly agree otherwise in writing.

Fixr Assistant browser extension

When you use the Fixr Assistant browser extension, you must use it only for its intended purpose and only on supported LinkedIn company pages and LinkedIn profile pages.

You are responsible for complying with applicable law, these Terms, the extension's in-product disclosures, and any third-party terms that apply to the sites and services you use with Fixr.

APIs and integrations

If you use our APIs or connect Fixr with third-party systems, you must do so in accordance with applicable documentation, security requirements, and any usage limits or access controls we apply.

5. Compliance with Law and Third-Party Data

You are responsible for ensuring that your use of the Services, including any import, upload, extraction, enrichment, comparison, creation, update, export, sync, or other processing of records relating to third parties, complies with applicable law.

• You must have an appropriate legal basis, and any required notices or consents, for the personal data and other data you submit to or process through the Services.
• You are responsible for complying with applicable privacy, data protection, electronic communications, employment, marketing, and other laws relevant to your use case.
• You should not use the Services for special category data or other highly sensitive personal data unless you have a clear lawful basis and the Services are appropriate for that use.
• You are responsible for how you use data obtained from third-party websites, public sources, integrations, uploads, or your own systems.

6. Plans, Fees, and Payment

Some Services may be offered on a free, trial, beta, credit-based, or paid basis. If you purchase a paid plan or any paid Services, the applicable fees, billing cycle, included credits or usage allowances, renewal terms if any, and payment terms will be set out at checkout, in an order form, invoice, pricing page, or other written ordering document.

• Unless otherwise stated, fees are exclusive of taxes, duties, and similar charges.
• You must pay all undisputed amounts due when due, using a valid payment method or other approved payment process.
• If payment is overdue, declined, reversed, or charged back, we may suspend or terminate access to the affected Services after notice where appropriate.
• Except as required by law or expressly stated in the applicable ordering materials, fees are non-refundable.
• We may update pricing prospectively. Unless otherwise stated, pricing changes will apply only to future purchases or renewal terms after notice.

Any free, trial, preview, or beta features may be changed, limited, or discontinued at any time unless we expressly agree otherwise in writing.

7. Customer Data

As between you and Fixr, you retain ownership of your data and other materials that you or your authorized users submit to, upload to, import into, extract through, or otherwise process using the Services ("Customer Data").

You grant us and our service providers the rights necessary to host, store, process, transmit, display, back up, compare, match, enrich, create, update, export, and otherwise use Customer Data solely as needed to provide, secure, support, and improve the Services in accordance with these Terms, our Privacy Policy, and any applicable written agreement.

• You are solely responsible for the legality, accuracy, quality, and content of Customer Data and for obtaining any rights, permissions, and consents needed for our processing of it on your behalf.
• You are responsible for maintaining your own copies or backups of Customer Data to the extent you consider necessary.
• We may generate and use service metadata, logs, and usage data needed to operate, secure, support, and improve the Services, subject to applicable law and our Privacy Policy.

8. Privacy and Data Processing

Our Privacy Policy explains how we handle personal data for our own purposes.

Where you use the Services to process personal data that you or your organisation control, you are responsible for your own compliance obligations as controller or business, and we may act as processor or service provider on your behalf depending on the applicable arrangement and law.

If a data processing addendum, order form, or other written data protection terms apply to your use of the Services, those terms will govern to the extent of any conflict with this section.

9. Intellectual Property and Feedback

We and our licensors retain all right, title, and interest in and to the Services, documentation, software, designs, interfaces, trademarks, logos, and related intellectual property, including all modifications, updates, and derivative works.

• Except for the limited access and use rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.
• You retain rights in your Customer Data, subject to the rights you grant to us under these Terms.
• If you provide feedback, suggestions, or ideas relating to the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or obligation.

10. Confidentiality

Each party may receive non-public information from the other party that is marked as confidential or that reasonably should be understood to be confidential under the circumstances ("Confidential Information").

• Each party must use the other party's Confidential Information only as needed to exercise rights or perform obligations under these Terms.
• Each party must protect the other party's Confidential Information using reasonable care and no less than the care it uses to protect its own similar confidential information.
• These obligations do not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed without use of the disclosing party's Confidential Information, or is lawfully obtained from a third party without confidentiality restrictions.
• A party may disclose Confidential Information where required by law or valid legal process, provided that it gives prior notice where legally permitted.

11. Support, Availability, and Changes to the Services

We may provide support, onboarding, configuration help, implementation assistance, or other professional or account services where described in the applicable plan, order form, statement of work, or other written agreement.

We may modify, update, suspend, or discontinue any part of the Services from time to time, including for maintenance, security, legal compliance, or product changes.

Unless we expressly agree otherwise in writing, the Services are provided without a specific uptime commitment, support response time, or service level agreement.

12. Warranties and Disclaimers

Except as expressly stated in a written agreement signed by us, the Services are provided "as is" and "as available" to the maximum extent permitted by law.

• We do not warrant that the Services will be uninterrupted, error-free, secure, or free from harmful components.
• We do not warrant the completeness, accuracy, or continued availability of third-party platforms, public sources, enrichment sources, or other external data used with or accessed through the Services.
• You are responsible for reviewing outputs, matches, enrichments, comparisons, and updates before relying on them for operational, legal, commercial, or compliance purposes.
• To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, or data, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party's aggregate liability arising out of or related to these Terms or the Services will not exceed the total fees paid or payable by you to Fixr for the Services giving rise to the claim during the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

14. Suspension and Termination

You may stop using the Services at any time.

We may suspend or terminate your access to some or all of the Services immediately or on notice if we reasonably believe:

• you have materially breached these Terms or any applicable written agreement;
• your use poses a security, legal, compliance, or operational risk;
• payment is overdue for paid Services; or
• suspension or termination is necessary to prevent harm to us, the Services, our users, or third parties.

On termination, your right to access and use the affected Services ends immediately. Any accrued payment obligations remain due, and sections that by their nature should survive termination will survive, including those relating to payment, intellectual property, confidentiality, disclaimers, limitation of liability, and miscellaneous provisions.

Handling of Customer Data following termination will remain subject to applicable law, our Privacy Policy, and any applicable order form, data processing terms, or other written agreement.

15. Miscellaneous

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date and take reasonable steps to provide notice where appropriate. Continued use of the Services after the updated Terms take effect constitutes acceptance of the updated Terms.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a corporate reorganisation, merger, acquisition, sale of assets, or by operation of law.

Force majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including failures of telecommunications, hosting, utilities, strikes, civil unrest, natural disasters, or other force majeure events.

Entire agreement; waiver; severability

These Terms, together with any applicable order form, statement of work, data processing terms, and referenced policies, form the entire agreement between you and Fixr regarding the Services unless superseded by another written agreement. Failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remaining provisions will remain in effect.

Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, excluding conflict of law rules. The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with these Terms or the Services, unless applicable law requires otherwise.

16. Contact

If you have questions about these Terms, contact: