Last Updated: March 24, 2023
Welcome, and thank you for your interest in Fixie.ai Inc. (“Fixie,” “we,” or “us”) and our website at www.fixie.ai, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fixie regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
Arbitration NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FIXIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Fixie Service Overview. Fixie provides a platform that allows users to build personalized AI chatbots that interface with different sources of information, such as Google Calendar, email, or documents. We also make our software development kit (“SDK”) available to developers who would like to write their own agents or plugins to the Service that extend its capabilities (each, a “Third Party Plugin”).
- Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
- Accounts and Registration. To access features of the Service, you must sign in with either your Google account or GitHub account. When you first sign in, you may be required to provide us with some information about yourself, such as your [name, email address, or other contact information]. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at firstname.lastname@example.org.
- Permission to Access. When you first sign-in to the Service, the Service will ask your permission to access your system or certain applications, such as Google Calendar and email. You acknowledge and agree that failure to grant the necessary permission to your system or application(s) may affect the performance of the Service and your ability to use certain features of the Service. Fixie is not responsible for any loss or consequences resulting from your failure to grant the necessary permissions under this Section 4 (Permission to Access).
- Ownership; Proprietary Rights. The Service is owned and operated by Fixie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Fixie (collectively, “Materials”) are protected by intellectual property and other laws. All Materials included in and related to the Service are the property of Fixie or its third-party licensors. Except as expressly authorized by Fixie, you may not make use of the Materials. There are no implied licenses in these Terms and Fixie reserves all rights to the Materials not granted expressly in these Terms.
- Third-Party Terms
- User Content
- Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
- Intellectual Property Rights Protection
- Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 ****(Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
- Term, Termination, and Modification of the Service
- Indemnity. ****To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Fixie, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Fixie Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Disclaimers; No Warranties by Fixie