Terms of service
OVERVIEW
Welcome to FIXATECH! The terms “we”, “our” and “us” refer to FIXATECH. FIXATECH operates this store and website, including all information, content, features, tools, products and services associated therewith, to provide you, as a customer, with a personalized shopping experience (“Services”). FIXATECH uses the Shopify platform, which allows us to provide you with the Services.
The general conditions below, as well as the policies referenced therein (“Terms of Use” or “TOU”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty exclusions and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of majority in your State or province of residence and you give us your consent to authorize your minor children to use the Services on the devices you own, purchase or manage.
To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and for any activity associated with your account. You are not permitted to transfer, sell, assign or license your account to any other person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that the colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not warrant that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to remove a product from sale at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. FIXATECH reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is not considered accepted until FIXATECH provides written confirmation. We must receive and process your payment before your order is validated. Please carefully review your order before submitting it, as FIXATECH may not be able to accept cancellation requests once the order is confirmed. In case of refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of the order.
Your purchases are subject to return or exchange conditions in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, preparation fees, customs duties or import fees.
Prices displayed on our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may impact prices and are governed by separate terms and conditions from these Terms. In case of conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you if necessary.
You represent and warrant that: (i) your credit card information is true, accurate and complete, (ii) you are authorized to use the card for the purchase, (iii) charges will be honored by the card issuer, and (iv) you will pay the charges incurred at the posted prices, including shipping and handling fees and all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We shall not be liable for any shipping or delivery delays. All delivery times indicated are estimates and not guaranteed. We disclaim any liability for delays caused by carriers, customs formalities or any event beyond our control. As soon as the products are handed over to the carrier, ownership and risk of loss are transferred to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, logos, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of FIXATECH, its subsidiaries or its licensors. They are protected by U.S. and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services only for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any content from the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other rights under any patent, trademark, copyright or other intellectual property of FIXATECH, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by FIXATECH.
The names, logos, product and service names, designs and slogans of FIXATECH are trademarks of FIXATECH, its subsidiaries or its licensors. You may not use them without FIXATECH's prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be prompted to use third-party customer tools in connection with the Services, which we neither monitor nor have any control over or input into.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or related to your use of optional third-party tools.
The use of optional tools offered by the site is at your own risk and discretion. It is your responsibility to ensure that you know and accept the terms applicable to those tools, as defined by the relevant third-party provider(s).
We may also, in the future, introduce new features through the Services (including, without limitation, the release of new tools and resources). These new features will be considered part of the Services and subject to these Terms of Use.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain content and links to websites provided or operated by third parties (including third-party features embedded therein). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites to which you choose to access. If you decide to leave the Services to access any third-party materials or websites, you do so at your own risk.
We disclaim any responsibility for any harm or damage resulting from your access to third-party websites or from purchasing or using products, services, resources or content on those websites. We encourage you to carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services must be directed to the third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: this section accurately describes the relationship between Shopify and your store and should not be deleted or modified.]
FIXATECH is powered by Shopify, which allows us to offer you the Services. However, any sale or purchase made in our Store is a transaction between you and FIXATECH directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and FIXATECH, including any damages, losses or injuries resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or related to your purchase and transaction with FIXATECH.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. The information you submit to the Services will be transmitted and shared with Shopify and third parties that may be located in countries other than the one where you reside, to provide you with the services. See our privacy policy [LINK] for more details on how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. We may, for example, use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Use.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; (3) respond to your Feedback.
We may, at our discretion, monitor, edit or remove any Feedback we deem, in our sole discretion, illegal, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You also agree that your Feedback will not contain any defamatory, illegal, abusive or obscene material, or any computer virus or malicious software that could affect the operation of the Services or any related website. You are prohibited from using a false email address, impersonating any person or entity, or deceiving us or third parties about the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and are not responsible for any Feedback posted by you or any third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including with respect to product descriptions, prices, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, as well as to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you submit your order).
ARTICLE 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You are strictly prohibited from accessing the Services or using them, directly or indirectly: (a) for unlawful or malicious purposes; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of FIXATECH, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or harm any of our employees or anyone else; (e) to transmit false or misleading information; (f) to knowingly send, receive, download, use or re-use any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “spam”, “chain letters”, “junk mail” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm FIXATECH, Shopify, users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) harvest or track personal information of others; (d) use spamming, phishing, pharming or pretexting practices via the Services; (e) use robots, spiders, data scraping, collection or extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measure we employ to limit access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 - AGENTS (continued)
(b) circumventing or completing CAPTCHA or measures designed to distinguish computer use from human use; (iii) honestly respond to any question or prompt aimed at determining whether interactions come from a human or a computer; (iv) not circumvent or avoid any measure designed to block, limit, alter or control Agent access, use or interactions with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following articles will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies it should survive termination.
ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties with respect to the consequences of your use of this information by you, any other visitor to the Services or any person informed of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSEES, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FIXATECH, Shopify, and our affiliates, partners, officers, directors, employees, agents, service providers, licensors and suppliers from and against any losses, damages, liabilities or claims, including reasonable attorneys' fees, due to a third party and arising from (1) your breach of these Terms of Use or documents incorporated by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that failure to give prompt notice will not relieve you of your obligations unless you suffer substantial prejudice. We may assume the defense and settlement of any claim at your expense, including choice of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, including providing relevant documents.
ARTICLE 19 - SEVERABILITY
If any provision of these Terms of Use is held to be illegal, null or unenforceable, such provision shall remain effective to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Use, together with the policies or operating rules published by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, oral or written, between you and us (including, without limitation, prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
ARTICLE 21 - ASSIGNMENT
You may not assign, transfer or delegate this agreement, or any of your rights or obligations hereunder, without our prior written consent. Any attempted assignment without consent shall be null and void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Use, and any separate agreement whereby we provide you the Services, shall be governed by and construed in accordance with the federal laws and the laws of the state or territory where FIXATECH has its principal place of business. You and FIXATECH expressly consent to the personal and exclusive jurisdiction of those courts.
ARTICLE 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not affect or limit the interpretation of these Terms.
ARTICLE 24 - CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use or access to the Services after the posting of any changes constitutes acceptance of those changes.
ARTICLE 25 - CONTACT INFORMATION
For any questions about these Terms of Use, please contact us at: jracine@fixatech.com.
Our contact information is provided below:
[FIXATECH]
jracine@fixatech.com
[INSERT COMPANY MAILING ADDRESS]
[INSERT COMPANY PHONE NUMBER]
[INSERT COMPANY REGISTRATION NUMBER]
[INSERT VAT NUMBER]