Terms of Service
Last Updated: April 2, 2026
Version: 1.0
1. The Service
Fixate provides a software-as-a-service platform that automates customer intake for plumbing businesses via SMS, including AI-assisted conversation handling, lead qualification, scheduling assistance, and related features (collectively, the "Service").
We may update, improve, or modify the Service at any time. We will provide reasonable notice of material changes that adversely affect your use.
2. Accounts
2.1 Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts. The Service is intended for use by plumbing businesses and their authorized personnel.
2.2 Registration
You agree to provide accurate, current, and complete information during registration and to keep that information updated.
2.3 Account Security
You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] of any unauthorized access.
3. Subscriptions, Fees, and Payment
3.1 Plans
The Service is offered on a subscription basis. Current plans and pricing are available at usefixate.com/pricing.
3.2 Billing
Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). By providing payment information, you authorize us (and our payment processor, Stripe) to charge your payment method for all applicable fees.
3.3 Taxes
All fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, HST, or similar taxes arising from your use of the Service, except taxes based on our net income.
3.4 Free Trials
If we offer a free trial, it will convert to a paid subscription at the end of the trial period unless you cancel before then. You may cancel at any time during the trial.
3.5 Price Changes
We may change pricing with at least 30 days' notice. Changes take effect at the start of your next billing cycle.
3.6 Refunds
Except where required by law, fees are non-refundable. You may cancel at any time, but you will not be refunded for the remainder of the current billing period.
3.7 Failed Payments
If a payment fails, we may suspend or terminate your access until payment is resolved.
4. Customer Data and Data Processing
4.1 Definitions
"Customer Data" means information you or your end customers submit to the Service, including SMS content, phone numbers, names, addresses, service requests, and related metadata.
4.2 Ownership
You retain all rights to Customer Data. You grant Fixate a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and use Customer Data solely to provide and improve the Service.
4.3 Data Processing Roles
With respect to personal information of your end customers (e.g., the homeowners contacting your plumbing business):
- You act as the data controller — you determine why and how that personal information is processed.
- Fixate acts as the data processor — we process that personal information on your behalf and per your instructions as reflected in these Terms and the Privacy Policy.
Fixate will:
- Process Customer Data only to provide the Service and as instructed by you;
- Implement reasonable technical and organizational security measures appropriate to the risk;
- Ensure personnel with access to Customer Data are bound by confidentiality obligations;
- Assist you, as reasonably necessary, in responding to data subject requests;
- Notify you without undue delay after becoming aware of a personal data breach affecting Customer Data;
- Engage sub-processors only under written terms providing equivalent data protection obligations (see Section 4.5).
4.4 Your Responsibilities
You are solely responsible for:
- Having a lawful basis to collect and share Customer Data with Fixate;
- Obtaining any necessary consents from your end customers for SMS communications and data processing (see also the Messaging Policy);
- The accuracy and legality of Customer Data;
- Complying with all applicable privacy, telemarketing, and consumer protection laws (including but not limited to CASL, TCPA, PIPEDA, CCPA, and GDPR where applicable).
4.5 Sub-processors
Fixate uses the following sub-processors to deliver the Service:
| Sub-processor | Purpose | Location |
|---|---|---|
| Supabase | Database, authentication, file storage | United States |
| Twilio | SMS delivery and telephony | United States |
| OpenAI | AI classification of messages | United States |
| Stripe | Payment processing | United States / Canada |
| Vercel | Application hosting | US-East |
We may update this list from time to time and will post changes at usefixate.com/sub-processors.
4.6 Data Retention
We retain Customer Data for the duration of your subscription plus a reasonable period thereafter (typically 90 days) to allow for account reactivation or export, after which Customer Data will be deleted or anonymized, except where retention is required by law.
4.7 Data Export
You may request an export of your Customer Data at any time during your subscription by contacting [email protected].
5. Acceptable Use
Your use of the Service is also governed by our Acceptable Use Policy and Messaging Policy, each of which is incorporated by reference into these Terms. Violation of those policies is a material breach of these Terms.
6. Intellectual Property
6.1 Our IP
Fixate and its licensors own all right, title, and interest in and to the Service, including all software, designs, text, graphics, trademarks, logos, and know-how. No rights are granted to you except as expressly set forth in these Terms.
6.2 Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate them without restriction or compensation.
6.3 Your License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription for your internal business purposes.
7. Confidentiality
Each party agrees to protect the other's confidential information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. "Confidential Information" does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.
8. Third-Party Services
The Service integrates with or depends on third-party services (including those listed in Section 4.5). We are not responsible for the availability, accuracy, or content of third-party services, and your use of them may be subject to separate terms.
9. AI and Automated Responses
The Service uses AI models (including third-party models from OpenAI) to interpret messages and assist with customer intake. You acknowledge that:
- AI output may contain errors, inaccuracies, or unexpected responses;
- Fixate includes safety guardrails but cannot guarantee every AI response is correct or appropriate;
- You are responsible for reviewing booking details and communications before acting on them;
- Fixate is not liable for decisions made or actions taken based solely on AI output.
10. Warranties and Disclaimers
10.1 Limited Warranty
We warrant that the Service will perform materially in accordance with its documentation under normal use.
10.2 Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FIXATE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL FIXATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- FIXATE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO FIXATE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless Fixate, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- (a) your use of the Service;
- (b) your violation of these Terms or any applicable law;
- (c) Customer Data, including any claim that your collection, use, or sharing of Customer Data with Fixate violated a third party's rights; or
- (d) SMS messages sent through the Service to your end customers.
13. Suspension and Termination
13.1 Termination by You
You may cancel your subscription at any time via the Fixate dashboard or by contacting [email protected]. Cancellation takes effect at the end of the current billing period.
13.2 Termination by Us
We may suspend or terminate your access immediately, with or without notice, if:
- (a) you breach these Terms, the Acceptable Use Policy, or the Messaging Policy;
- (b) your account poses a security or legal risk;
- (c) you fail to pay fees when due; or
- (d) required by law or by a sub-processor (including Twilio or carrier action under A2P 10DLC rules).
13.3 Effect of Termination
Upon termination:
- Your license to use the Service ends immediately;
- We may delete Customer Data after the retention period described in Section 4.6;
- Sections that by their nature should survive (including IP, Confidentiality, Warranty Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.
14. Modifications to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of [JURISDICTION — e.g., the Province of Ontario, Canada], without regard to conflict of laws principles. The parties submit to the exclusive jurisdiction of the courts located in [VENUE — e.g., Toronto, Ontario] for any dispute not subject to arbitration.
16. General
16.1 Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, and Messaging Policy, constitute the entire agreement between you and Fixate regarding the Service.
16.2 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
16.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
16.4 No Waiver
Our failure to enforce any provision is not a waiver of our right to do so later.
16.5 Force Majeure
Neither party is liable for failure to perform due to causes beyond its reasonable control.
16.6 Notices
Legal notices to Fixate must be sent to Toronto, Ontario, Canada with a copy to [email protected]. Notices to you may be sent to the email address associated with your account.
17. Contact
Questions about these Terms?