terms of service
General Terms and Conditions of fix1.today
These Terms and Conditions apply to
use and access to the Servicefix1.today, and
any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are requested to read this document carefully.
If there are further contracts or agreements between the provider and sellers, they take precedence over these General Terms and Conditions. In such cases, these General Terms and Conditions apply only in addition to and in accordance with the applicable provisions of such contracts and agreements.
Although the contractual relationship associated with the products is concluded exclusively between the user and the provider, the user recognizes and accepts, in cases wherefix1.today obtained through the Apple App Store, Apple may enforce these Terms and Conditions as a third party beneficiary.
fix1.today is offered by:
fix1
Rheinsberger Straße 76/77
c/o Factory
10115 Berlin
Germany
Provider email address: hello@fix1.today
information aboutfix1.today
Management of products & brokerage before services - especially repairs
„fix1.today" refers to
this website, including its subdomains and any other website through which the Provider makes the Service available;
Applications for mobile devices, tablets and other smart devices;
the service;
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service and related documentation;
Key facts at a glance
It should be noted that individual provisions of these Terms and Conditions may only be relevant to certain categories of users, for example only to consumers or only to users who do not act as consumers. Such restrictions on the scope of application are expressly referred to in each affected clause. If such a notice is missing, the clause applies to all users.
Access tofix1.today and the service is age restricted and is only available to users of legal age in accordance with the applicable law.
Minors are only allowed under the supervision of a parent or an adultfix1.today access and use the service.
fix1.today automatically renews product subscriptions. Information about a) the extension period, b) the termination and c) the termination letter can be found in the relevant section of these Terms and Conditions.
Howfix1.today functions
Intermediation
Overfix1.today Users can contact and interact with third parties. The provider is not involved in such interactions and expressly does not broker any contracts or transactions that may arise from them. The provider is neither financially involved in such contracts or transactions nor does he benefit economically from them.
The throughfix1.today The service offered is free for buyers. Viafix1.today Available products are each marked as an offer from the provider or a seller.
Without prejudice to its role as a pure technical service provider described above, the provider may offer additional services such as packaging, shipping or dispute resolution support to anyone involved in such interactions.
fix1.today is simply a technical infrastructure or platform that enables interaction between users. The provider is not directly involved in such interactions between users.
These terms and conditions apply exclusively tofix1.today and to the described use as a platform.
General terms and conditions and all other provisions specifically applicable to transactions between buyers and sellers will be communicated by the respective seller.
TERMS OF USE
Unless otherwise stated, when accessingfix1.today the conditions set out in this section.
Individual or additional terms of use or access may apply in certain circumstances and in such cases will be expressly identified herein.
By using the service, users confirm that they meet the following conditions:
Users can be consumers or business customers;
Users must be of legal age under applicable law;
Minors are allowedfix1.today only use under the supervision of parents or an adult.
Users are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorism supporting country”;
Users are not listed on any U.S. Government list of prohibited or restricted parties;
Account creation
In order to use the service, users must register or create a user account by providing all required data or information completely and truthfully.
The service is only available to registered users.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that is the highestfix1.today possible safety requirements.
When registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to immediately and unequivocally inform the Provider using the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.
Termination of the user account
User accounts can be deleted at any time as follows:
By contacting the provider directly using the contact details provided in this document.
Blocking and deletion of the user account
The provider reserves the right, at its sole discretion, to block or delete user accounts that it considers to be inappropriate or offensive or that in its opinion violate these Terms and Conditions at any time and without prior notice.
Due to the blocking or deletion of user accounts, the user does not incur any claims for damages, indemnity or reimbursement.
The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Overfix1.today available content
Unless otherwise stated or clearly stated, all are abovefix1.today Available content is the property of the provider and is provided by the provider or its licensors.
The provider makes every effort to exclude that the abovefix1.today The content provided violates applicable legal regulations or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.
Rights to the overfix1.today available content
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content , as well as to enable third parties to carry out the above-mentioned actions via their own device - even without the user's knowledge.
So far aboutfix1.today If it is expressly pointed out, the user may select overfix1.today download, reproduce and/or distribute available content for personal and non-commercial purposes only, provided that the copyright notices and any other notices requested by the provider are correctly attached.
Legal restrictions or exceptions remain unaffected.
User content
Users have the opportunity to add their own contentfix1.today to upload, viafix1.today to share or provide.
By uploading, sharing or providing their content as described, users represent that they are authorized to do so and are not violating any legal regulations or third-party rights.
Details of acceptable content are set out in the relevant section of these Terms and Conditions.
Rights to user content
By allowing users to create their own contentfix1.today upload, you grant the provider a non-exclusive and free right to use and process the contentfix1.today operated and maintained as contractually agreed.
To the extent permitted by law, users waive the exercise of any moral rights in connection with thefix1.today transmitted content.
Users acknowledge, accept and confirm that all content they providefix1.today are provided under the same general terms and conditions that apply to othersfix1.today provided content is applicable.
Liability for user content
Users care about the content they viewfix1.today upload or viafix1.today publish, share or make available. Users acknowledge and accept thatthat the provider does not filter or moderate such content.
The provider therefore reserves the right to remove, delete or block such content at its own discretion and to deny the uploading user access to itfix1.today to refuse without prior notice:
if an (alleged) violation of these Terms, third party rights or applicable law based on such content becomes known;
if a violation of exclusive property rights is reported;
if a notice is received of the violation of the personal rights of third parties, including the violation of their privacy;
due to official orders; or
if the provider is informed that the availability of the content exceedsfix1.today may be detrimental to users, third parties and/or the availability of the service.
Due to the removal, deletion or blocking of content, the user responsible for the affected content will not be entitled to any claims for damages or reimbursement.
Users undertake to indemnify the provider from any claims and/or damages arising from or in connection with content that they access viafix1.today provide.
Removal of content from portions of this Application that are available through the App Store.
If the disputed content is deemed objectionable, it will be removed within 24 hours and the responsible user will be denied access to the service.
Access to user content
Content that users aboutfix1.today are provided under the conditions described in this section.
Defined circle of recipients
Content that is intended for a defined group of recipients is only made available to specific third parties specified by the user.
Personal data, identifiers or other information provided when uploading content (e.g. user ID, avatar or nickname, etc.) will also appear in connection with such content.
For further information on how access to content is regulated in individual cases, seefix1.today referred.
Access to external resources
Users may be able to do so viafix1.today access external resources provided by third parties. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content may be granted arise from the contractual provisions of each third party or, alternatively, from the applicable legal regulations.
In particular couldfix1.today Contain third party advertisements. The provider controls or moderates the overfix1.today displayed advertisements do not. By clicking on such advertisements, users establish a connection with the third party responsible for the respective advertisement.
The provider is therefore not liable for any consequences that arise from interactions with such third parties, in particular from visiting third-party websites or using third-party content.
Permitted Use
fix1.today and the service may only be used as intended and in accordance with these General Terms and Conditions and in accordance with the applicable legal regulations.
Users are responsible for ensuring their access tofix1.today and/or your use of the Service does not violate any law, regulation or third party rights.
Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. Users access tofix1.today or to refuse service, terminate contracts, aboutfix1.today or to report objectionable actions taking place on the service to the relevant authorities - such as judicial or administrative authorities - if users can demonstrably or presumably:
violate any statutory provisions, regulations or these Terms and Conditions; or
violate the rights of third parties; or
significantly impair the legitimate interests of the provider; or
insult the provider or a third party.
"To invite friends"
Throughfix1.today Users have the opportunity to receive benefits if, based on their recommendation, a new user receives an overfix1.today acquires the product offered.
For this purpose, users can use third parties to purchase productsfix1.today invite them by sending them one of the “invite friends codes” issued by the provider. Each code can only be redeemed once.
Redeems one of the invited people when purchasing a productfix1.today enters such a code, the inviting user receives the corresponding advantage or benefit (such as: a discount, an additional function, an upgrade, etc.). For details of the benefits provided, please refer tofix1.today referred.
Invite a Friend codes may be limited to purchases of certain products.
The provider reserves the right to terminate the offer at any time and at its own discretion.
There are no restrictions on the number of people who can be invited. The amount of advantage or benefit that each inviting user may receive may be limited.
Software license
All rights to the software or technical solutions on whichfix1.today based, or which are embedded, integrated or connected thereto, are the exclusive property of the provider and/or its licensors.
Provided that the user adheres to these General Terms and Conditions and regardless of any deviating provisions of these General Terms and Conditions, the provider only grants the user a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the software and/or others integrated into the service Solutions within the scope and for the purposes of the intended use of the service offered.
In particular, users are not granted any right to access the source code or to use or distribute the source code. Rights to all procedures, algorithms and technical solutions contained or integrated in the software and all associated documentation belong exclusively to the provider or its licensors.
All grants of rights and licenses automatically expire upon termination of the agreement – regardless of the reason.
Without prejudice to the foregoing, this License permits users to download, install, run and use the Software on the permitted number of devices, provided that the devices comply with common and current technology and market standards.
The provider reserves the right to provide updates, bug fixes and further developmentsfix1.today and/or to publish the associated software and make it available to users free of charge. Users may be required to download and install such updates in order tofix1.today and/or continue to use the associated software.
New versions may only be available for a fee.
Each user may download, install, run and use the software on an unlimited number of devices.
However, simultaneous use of the Software on more than one device may not be permitted.
API Terms of Use
Users can access their information via the API interface (API).fix1.today access related data. Any use of the API, including use of the API by a third-party product/service, is subject to these Terms and the following additional terms and conditions:
The User acknowledges and expressly accepts that the Provider is not liable for any damage or loss resulting from the User's use of the API or the use of third-party products/services that access data via the API.
TERMS OF SALE
Paid products
Some of the overfix1.today Products available through the Service are subject to payment.
Prices, terms and other terms and conditions applicable to the purchase of such products are described below. Incidentally, onfix1.today and refer to the relevant sections.
Product description
Prices, descriptions and availability of products are in the relevant sections abovefix1.today visible and can be changed without notice.
Although products aboutfix1.today are presented with the greatest technical care possible, representations of any kind (including graphical forms of representation, images, colors, sounds) serve only as a reference and do not constitute a guarantee regarding the properties of the purchased product.
The features of the selected product will be explained during the purchase process.
Purchase process
All steps from selecting a product to placing the order are part of the purchasing process.
The purchasing process includes the following steps:
The user selects the desired product from the range and checks their own product selection.
After checking the product selection information, the user can place the order by sending it to the provider.
Placing the order
When the user places an order, the following applies:
The contract is concluded when the order is placed. Placing the order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses in accordance with the information on the order page.
If information is required from the user, such as personal information or data, specifications or special requests, placing the order constitutes an obligation on the part of the user to cooperate accordingly.
After placing the order, users receive a confirmation of receipt.
All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose.
Prices
Users will be informed of all fees, taxes and costs (including any shipping costs) they will be responsible for during the purchase process and before placing the order.
Prices will be abovefix1.today displayed as follows:
either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.
Offers and discounts
The Provider or any Seller may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditionsfix1.today listed in the relevant section.
Offers and discounts are always granted at the sole discretion of the provider or seller.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
Depending on the case, discounts or offers only apply for a limited period of time or while stocks last.
Coupons
Offers or discounts can be based on coupons.
In the event of a breach of the conditions applicable to coupons, the provider or seller may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the coupons, which can be found on the relevant information page or on the coupon itself, always prevail.
Unless otherwise stated, the following rules for using coupons apply:
Each Coupon is only valid if used in the manner and within the period specified on the Website and/or in the Coupon;
A coupon can only be used in full and at the time of purchase - partial use is not permitted;
Unless otherwise stated, single use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
Coupons cannot be used cumulatively;
The coupon can only be redeemed within the period specified in the offer. After this period, the coupon expires automatically and excludes any possibility of exercising the rights arising from the coupon, including a payout.
The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
The coupon is intended exclusively for non-commercial use. Any reproduction, imitation and commercial dealing of the Coupon is prohibited, as is any illegal activity related to the purchase and/or use of the Coupon.
Payment methods
Information about accepted payment methods will be provided during the purchase process.
Some payment methods may only be available subject to additional terms or fees. In these cases you will find the relevant information in the relevant section of the Service (fix1.today).
All payments are processed through third party providers. Therefore collectfix1.today no payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.
If payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. If a payment fails or is refused, the Provider reserves the right to claim any associated costs or damages from the User.
Authorization for future PayPal payments
When users authorize the PayPal feature that enables future purchases, savesfix1.today an identification code linked to the user's PayPal account. This is justifiedfix1.today, automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the provider or by changing the user settings on PayPal.
Purchase via the App Store
fix1.today or certain products that are overfix1.today sold must be purchased through a third-party app store. To do this, users must follow the instructions of the respective online shop (e.g. “Apple App Store” or “Google Play”), which may vary depending on the device used.
Unless otherwise stated, purchases made through third-party online stores are also subject to the terms and conditions of those third parties, which will always take precedence over these Terms and Conditions in the event of any inconsistency or conflict.
Users who make purchases through such third-party online stores must therefore carefully read and accept these General Terms and Conditions.
Retention of title
The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.
Maintenance of usage rights
The users do not acquire any usage rights to the purchased product until the provider has received payment of the entire purchase price.
Delivery
Deliveries are made to the address specified by the user and in the manner listed in the order overview.
Upon delivery, the User must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if there is visible damage.
fix1.today describes in the relevant section the countries or areas to which the goods will be delivered.
fix1.today also describes the corresponding delivery times, or alternatively these can be set during the purchase process.
Unsuccessful delivery
The provider is not liable for delivery errors due to inaccuracies or incompleteness when the order is carried out by the user, nor for damages or delays after handover to the carrier if the latter was commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.
Unless otherwise agreed, the user bears the costs for each subsequent delivery attempt from the second delivery attempt onwards.
Providing digital content
Unless otherwise stated, digital content available viafix1.today purchased are transferred via download to the devices selected by the users.
Users acknowledge and accept that the device(s) and software (including operating systems) intended for downloading and/or using the Product must be legal, commonly used, current and in accordance with current market standards must.
Users acknowledge and accept that the possibility of downloading the purchased product may be limited in time and space.
Provision of services
The purchased service is within the abovefix1.today specified deadline, or as communicated before the order is placed, to be provided or made available.
Contract term
Subscriptions
Subscriptions allow users to receive a product continuously or regularly over a specific period of time. Details on the type of subscription and how to cancel are set out below.
Fixed-term subscriptions
Paid subscriptions with a fixed term begin on the day the payment is received by the provider and have the term chosen by the user or specified when ordering.
Once the subscription period has expired, the product will no longer be accessible.
Subscriptions via Apple ID
Users can subscribe to a product using the Apple ID associated with their Apple App Store account viafix1.today use the procedures provided. The user acknowledges and accepts that
his Apple ID account will be charged with each payment due;
Subscriptions are automatically renewed for the same duration unless the user cancels at least 24 hours before the end of the current term;
any fees or payments due for renewal will be invoiced within 24 hours prior to the end of the current term;
Subscriptions can be managed or canceled in users' Apple App Store account settings;
The above provisions take precedence over all conflicting or deviating provisions of these General Terms and Conditions.
Termination
Subscriptions can be canceled by providing a clear and unambiguous notice of cancellation to the provider. To do this, users have the contact details provided in this document or - if possible - the corresponding controls, which are available viafix1.today are provided to use.
Automatic renewal of fixed-term subscriptions
After the initial term expires, the subscription is automatically extended for an unlimited period unless the user cancels at least 30 days before the end of this term.
The fee due upon renewal will be billed via the payment method chosen by the user at the time of purchase.
After renewal, the subscription runs indefinitely and can be canceled monthly.
The user will receive a reminder of the upcoming indefinite extension with reasonable advance notice. This includes instructions on how to prevent renewal or subsequently cancel the subscription.
Termination
Extended subscriptions can be canceled at any time by providing a clear and unambiguous notice of cancellation to the provider. To do this, users must use the contact details provided in this document or - if possible - the corresponding controls, which are provided over 30.
If the cancellation letter is received by the provider no later than 30 days before the end of the current month, the subscription will expire at the end of the month in question.
User rights
Right of withdrawal
Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the cancellation conditions.
The right of withdrawal does not apply to contracts concluded with the provider. However, it may apply to contracts concluded with sellers.
The right of withdrawal may apply to contracts concluded with sellersfix1.today have been completed, the terms and specifications provided by each sellerfix1.today to provide.
The guarantee
Statutory warranty law according to EU law
According to EU law, entrepreneurs are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.
For users acting as European consumers, over appliesfix1.today available goods the statutory warranty right in accordance with the laws of the country of their habitual residence.
The national laws of these countries may provide users with broader rights.
For users who do not act as European consumers, the warranty rights of the country in which they have their habitual residence apply.
Liability and compensation
EU users
Limitation of liability for user activitiesfix1.today.
The user acknowledges and accepts that the provider only provides the user with the technical infrastructure and functions on the service (fix1.today) provides.
The provider neither mediates, moderates, promotes or intervenes in interactions, agreements or transactions between users. He is therefore not liable for such interactions between users. This includes the fulfillment of user obligations.
Users in Australia
Limitation of Liability
The warranty rights, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) remain wholly unaffected by the provisions of these Terms and Conditions. The same applies to any similar, mandatory state or territorial laws that confer inalienable rights on users. To the extent permitted by law, our liability to users - including liability for violation of an inalienable right and any other liability not excluded by virtue of these General Terms and Conditions - is limited, at the reasonable discretion of the provider, to subsequent performance or reimbursement of the costs incurred for the renewed provision of the services.
Users in the USA
Disclaimer of Warranty
fix1.today is provided and made available solely on an “as is” and “as available” basis. Use of the service is at your own risk. The Provider expressly excludes all conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service does not create any warranty unless expressly stated.
Without prejudice to the foregoing, Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Content is reliable, accurate or correct; that the service meets users' expectations; that the Service will be available uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to User's computer system or mobile device or loss of data resulting from such download or use of the Service by User.
Provider assumes no warranty or responsibility for any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service, nor does it endorse such products or services. Transactions between users and third-party providers of products or services are neither brokered nor monitored by the provider.
The Service may become inaccessible or malfunction with User's web browser, mobile device and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from the content, operation or use of this service.
Federal law, some states and other jurisdictions do not allow the exclusion or limitation of certain warranties. The above exclusions may not apply to Users. This Agreement gives Users certain legal rights, while Users may have other rights depending on the jurisdiction. The exclusions and limitations of liability contained in the Agreement are void unless prohibited by applicable law.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses arising in connection with the service or the unavailability thereof; and
any damages or losses resulting from hacking, tampering or other unauthorized access to or use of the Service or the User Account and the information contained therein;
any errors, mistakes or inaccuracies in content;
Personal injury or property damage of any kind resulting from the User's access to or use of the Service;
any unauthorized access to Provider's backup servers and/or the personal information stored therein;
any interruption or cessation of transmission to or through the Service;
any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and or
the defamatory, offensive or illegal conduct of any user or third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, income, liabilities, obligations, damages, losses or costs shall be limited to the amount, which was paid under this agreement by the user to the provider in the previous 12 months or, if less, over the entire term of this agreement between the provider and the user.
This limitation of liability shall apply to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Provider has been advised of the possibility of such damage .
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to User. These Terms and Conditions give the user certain rights, while the user may have other rights depending on the legal system. The exclusions and limitations of liability in the Terms and Conditions are ineffective to the extent prohibited by applicable law.
Compensation
The User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including but not limited to legal fees and disbursements, arising out of
the user's access to and use of the service, including any data or content transmitted or received by the user;
the User's breach of these Terms and Conditions, including, but not limited to, the User's breach of any of the representations and warranties contained in these Terms and Conditions;
the User's violation of any third party rights, including but not limited to privacy rights or intellectual property rights;
the violation of legal provisions, rules or regulations by the user;
any content transmitted from the user account, including in the event of access by third parties using the user's username, password or other security measures - if any - and including misleading, false or inaccurate information;
the user's alleged misconduct; or
the violation of any legal provision by the user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No waiver
The failure of the Provider to exercise any right under these Terms and Conditions or to enforce any provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
Service interruption
In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform users appropriately.
Within the scope of the legal provisions, the provider can also suspend or terminate the service completely. In the event of discontinuation of the service, the provider will give users the opportunity to secure personal data or information in accordance with applicable law and will take into account any claims of users for continued use and/or compensation under the applicable law.
In addition, Service may be unavailable for reasons beyond the control of the Provider (so-called “force majeure” reasons) (e.g. infrastructure failures or power outages, etc.).
Resale
Users may not, without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program,fix1.today and not reproduce, duplicate, copy, sell, resell or exploit the Service in any way.
Data protection
To learn more about the use of their personal data, users can consult the service's privacy policy (fix1.today).
Intellectual Property Rights
Without prejudice to any more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Service (fix1.today) are the exclusive property of the provider or its licensors and are subject to the protection of applicable laws or international treaties relating to intellectual property.
All trademarks, names or design marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - used in connection with the Service (fix1.today) appear, are and remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
Changes to these Terms and Conditions
The provider reserves the right to change or otherwise modify these terms and conditions at any time. In this case, the provider will adequately inform the user about these changes.
Such changes only apply to the contractual relationship from the time notified to the user.
By continuing to use the service, the user accepts the changed terms and conditions. If users do not want to be bound by the changes, they must stop using the service and can terminate the contract.
If the revised Terms are not accepted, either party may terminate the Agreement. The previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the General Terms and Conditions from the provider.
If required by law, the provider will inform users in advance about the effective date of the changed conditions.
Assignment of rights and obligations
The provider reserves the right to transfer, assign, replace with Novation or pass on all rights and obligations under these General Terms and Conditions, taking into account the legitimate interests of the user.
The provisions regarding changes to the General Terms and Conditions apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.
Contact
All communications related to the use of the Service (fix1.today) must be sent to the contact details provided in this document.
Severability clause
If any provision of these Terms and Conditions is or becomes invalid or unenforceable under applicable law, this will not affect the validity of the remaining provisions, which will remain in full force and effect.
US users
Any such invalid or unenforceable provisions will be interpreted and modified to the extent that they become effective, enforceable and consistent with their original intent. These Terms and Conditions represent the entire agreement between users and the provider on the subject matter of the contract and take precedence over all further communications between the parties on the same subject matter, including any older agreements.
These Terms and Conditions will be enforced to the fullest extent permitted by law.
EU users
If any provision of these Terms and Conditions is or is deemed to be invalid, or is invalid or is to be deemed invalid, the parties will do their best to reach an amicable agreement on valid and enforceable provisions, thereby eliminating the invalid, invalid or not enforceable parts.
Otherwise, the invalid, invalid or unenforceable provisions will be replaced by the applicable statutory provisions, provided this is permitted or provided for by the applicable law.
Without prejudice to the foregoing, the nullity, invalidity or unenforceability of individual provisions of these General Terms and Conditions shall not invalidate the entire agreement, unless they are provisions that are essential to the contract or of such importance that the parties would not have entered into the contract if they knew about the invalidity of the provision. If the remaining conditions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision will result in the invalidity of the entire agreement.
Applicable Law
These Terms and Conditions are governed by the law of the place where the provider is based, with the exception of conflict of law provisions. Users can find the location information in the relevant section of this document.
Priority of national law
However, if the law of the country in which the user is located provides for a higher standard of consumer protection, then that higher standard applies.
Place of jurisdiction
The courts of the place in which the provider has its registered office - as indicated in this document - have exclusive jurisdiction over all disputes arising from or in connection with these Terms and Conditions.
Exception for European consumers
This does not apply to users acting as European consumers nor to users in the United Kingdom, Switzerland, Norway or Iceland acting as consumers.
Users in the USA
Continuing provisions
This Agreement will remain in effect until enforcedfix1.today or is terminated by the user. In the event of termination, such provisions that, given the context, are intended to survive termination or expiration will survive. These include, among others:
Rights of use licensed to the user in accordance with these General Terms and Conditions continue to apply indefinitely;
the user's obligation to indemnify continues for a period of five years after termination;
the disclaimer of warranty and the provisions in the indemnification and disclaimer section shall survive indefinitely.
Dispute resolution
Amicable dispute resolution
Users may contact the Provider with any disputes, who will attempt to resolve them amicably.
The user's right to take legal action always remains unaffected. In the event of a dispute regarding the use of the service (fix1.today) or the service, the user is asked to contact the provider using the contact details provided in this document.
The User may address the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider's email address specified in this document.
The provider will process the request immediately within 2 days of receipt.
Online dispute resolution for consumers
The European Commission has set up an online alternative dispute resolution platform that offers an out-of-court procedure for resolving disputes relating to online contracts with consumers.
As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform isavailable at the following link.
Definitions and legal information
fix1.today (or this application)
The application through which the provision of the service is made possible.
agreement
Any legally binding or contractual relationship between provider and user regulated by these General Terms and Conditions.
business users
Any user who does not act as a consumer.
Buyer
Is any user who purchases goods or services from sellers viafix1.today buys, regardless of whether the transaction is overfix1.today occurs or not.
Coupon
Any code or voucher in printed or electronic form that allows the user to purchase the product at a reduced price.
European (or Europe)
Applies to users residing in the EU, regardless of their nationality.
Provider (or We)
Is the natural or legal person(s) whofix1.today and/or makes the service available to users.
Product
A good or service that is aboutfix1.today is offered for purchase, such as physical goods, digital files, software, booking services, etc.
The offering of products may be part of the service defined above.
Salesperson
Is any user who provides goods or services to buyersfix1.today sold, regardless of whether the transaction is overfix1.today takes place or not.
Employ
The throughfix1.today service provided, as described in these Terms and Conditions and on the Service (fix1.today) described.
AGB
All terms and conditions applicable to the use of the Service as described in this document and/orfix1.today applicable, including any related documents or agreements as amended from time to time.
User (or you)
Is any natural or legal person whofix1.today used.
consumer
Consumers are users who are considered such under applicable law.
Last updated: June 26, 2023
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