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FixEquip

Terms of Service

FixEquip Mobile, LLC - Terms of Service

Effective Date: July 1, 2025

 

Welcome to FixEquip Mobile, LLC ("FixEquip Mobile," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our mobile application, website, and related services (collectively, the "Platform").

 

By accessing or using the Platform, or by submitting any information, communication, or content to us in any way, you accept and agree to all these Terms and Conditions which form a legally binding agreement between you and FixEquip Mobile and/or our affiliated and applicable businesses.  In addition to these terms, you hereby agree that you have read, understood, accepted and agree to our Privacy Policies.

 

Scope of Services: FixEquip Mobile provides a digital platform that connects heavy equipment owners and operators ("Owners/Operators") with qualified technicians ("Technicians") for equipment maintenance, repairs, and diagnostics. We are solely a facilitator and marketplace; all services are performed by independent third-party Technicians. FixEquip Mobile does not employ Technicians, and nothing in these Terms creates an employment, joint venture, partnership, or agency relationship between FixEquip Mobile and Technicians.

 

User Eligibility: You must be at least 18 years old and legally capable of entering binding contracts to use the Platform. By registering, you represent and warrant that you meet these criteria.

 

Account Registration and Security: To use the Platform, you must create an account and provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.

 

Data Collection and Consent: By using the Platform, you consent to our collection, use, and sharing of data, including but not limited to telematics, GPS location data, diagnostic outputs, and other operational data from equipment. Full details are outlined in our Privacy Policy.

 

User Responsibilities:

 

  • Owners/Operators are responsible for ensuring that equipment shared on the Platform is in compliance with all applicable laws and safety standards.

 

  • Technicians must ensure they possess the requisite qualifications, certifications, and insurance to perform the requested services. Technicians acknowledge and agree that they are independent contractors and not employees of FixEquip Mobile. Technicians bear sole responsibility for the quality, legality, and safety of the services they provide.

 

Payments and Fees: All payments between Owners/Operators and Technicians are facilitated through third-party payment processors integrated into the Platform. Fees, service charges, and any applicable taxes are disclosed prior to transaction completion.

 

Intellectual Property: All content, features, and functionality on the Platform, including but not limited to logos, graphics, text, software, and databases, are the proprietary property of FixEquip Mobile or its licensors.

 

Prohibited Activities: Users agree not to:

  • Use the Platform for any illegal or unauthorized purpose.

  • Interfere with or disrupt the integrity of the Platform.

  • Misrepresent their identity, qualifications, or authority.

  • Harvest or misuse data from other users or the Platform.

 

Limitation of Liability: FixEquip Mobile is not liable for any acts, omissions, services, representations, or warranties of Technicians or Owners/Operators. FixEquip Mobile expressly disclaims any liability for direct, indirect, incidental, consequential, or punitive damages resulting from services provided by Technicians or any interactions between users of the Platform. USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIXEQUIP MOBILE DOES NOT SUPERVISE, MANAGE, OR CONTROL TECHNICIANS AND IS NOT RESPONSIBLE FOR THEIR WORK, BEHAVIOR, OR ACTIONS.

 

Links to Third Party Sites:  Other applications or websites that are accessible through any link on this Platform are not under the control of FixEquip Mobile.  You visit or use such sites entirely at your own risk and FixEquip Mobile will not be responsible or liable for any damages or injury arising from the content or use, reliance on or access to such third-party sites. FixEquip Mobile is not responsible for the content of any such sites, does not endorse such sites, and does not endorse or recommend in any way the products or services available on such sites.

 

Financing, Insurance, and Transportation:  There may be links on the Platform to other websites/applications that are affiliated with us, operated by us, or a third-party provider.  These links are only provided out of convenience to you, the user and in no way binds or obligates you to utilize their services.  In consideration of providing the links on the site, we may receive a fee from any affiliate or third-party if you choose to use those services.  FixEquip Mobile will not be liable for any acts or omissions of any such affiliate or third-party who you choose to use at your own discretion and risk.

 

Indemnification: You agree to fully indemnify, defend, and hold harmless FixEquip Mobile, LLC, its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys' fees) arising from or related to:

  • Your use of and access to the Platform;

  • Your violation of any term of these Terms;

  • Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right;

  • Any dispute between you and another user, including but not limited to disputes between Owners/Operators and Technicians;

  • Any content or information submitted by you;

  • Any services performed by Technicians, including any damage, injury, or loss resulting therefrom.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Platform.

 

Zero-Tolerance Policy:  FixEquip Mobile is committed to maintaining a secure and respectful environment for users. By accessing or using the Platform, users expressly agree to comply with our zero-tolerance policy against prohibited conduct or content, including any actions or material that is unsafe, illegal, fraudulent, or threatening. Prohibited activities and content include, but are not limited to, the following:

 

  • Violence and Threats: Any content that depicts, promotes, or incites violence, physical harm, threats, harassment, or bullying is strictly prohibited.

  • Hate Speech and Discrimination: Material that promotes hatred, discrimination, or harm toward individuals or groups based on race, ethnicity, religion, sexual orientation, gender identity, disability, or nationality is not permitted.

  • Dangerous or Illegal Activities: Content promoting or depicting illegal activities, such as drug use, underage drinking or smoking, weaponry tutorials, reckless driving, animal abuse, or other unlawful conduct, is expressly forbidden.

  • Sexual Content and Exploitation: Any form of nudity, sexual content, sexually suggestive material involving minors, or other content involving child exploitation will not be tolerated.

  • Graphic or Disturbing Material: Shocking, gory, or excessively graphic content that is disrespectful or sensationalist in nature is prohibited.

  • Fraud and Deceptive Practices: Any content or actions intended to deceive, including fraudulent listings, false advertising, or scams, are strictly forbidden.

  • Copyright and Intellectual Property Violations: All users must respect the intellectual property rights of others; unauthorized use of copyrighted or proprietary material is not allowed.

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The FixEquip Mobile staff rigorously monitor, and review flagged content, removing any material that contravenes these guidelines. Violations of these rules will result in immediate and non-negotiable action, which may include content removal, account suspension, or permanent termination without refund. Additionally, any conduct or content that is deemed unsafe, illegal, or threatening will be reported to the appropriate local authorities for further investigation and potential legal action. Users are encouraged to report any violations of these Terms to uphold the integrity and security of our community.

 

Dispute Resolution & Arbitration: Before initiating arbitration, you agree to first contact FixEquip Mobile at legal@fixequip.com to attempt to resolve any disputes through informal negotiation for a period of at least 60 days. Any disputes, controversies, or claims arising out of or relating to these Terms, your use of the Platform, or any relationship between you and FixEquip Mobile shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Phoenix, Arizona. Judgment on the arbitration award may be entered in any court having jurisdiction. BY USING THE PLATFORM, YOU AGREE THAT ANY DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.  You may opt out of this arbitration agreement by notifying FixEquip Mobile in writing within 60 days of your initial agreement to these Terms. To opt out, send a written notice to legal@fixequip.com with your full name and address stating your intent to opt out of arbitration. You further agree that any dispute over the scope or enforceability of this arbitration agreement shall be determined exclusively by the arbitrator. This arbitration provision does not apply to claims brought by individuals who are not parties to this agreement.

 

Governing Law and Jurisdiction:  Any action, proceeding, dispute, claim or controversy arising out of or relating to this Platform or these Terms, or any FixEquip Mobile products or services offered on or accessed via this Platform, shall (i) be governed by Arizona law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the state and federal courts of Arizona, and you hereby submit to the jurisdiction and venue of said courts.

 

Force Majeure:  Company shall not be held liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, war, government actions, acts of terrorism, labor strikes, internet failures, or technical issues. Company shall use commercially reasonable efforts to resume performance as soon as possible following any force majeure event.

 

Assignment: FixEquip Mobile, at its discretion, reserves the right to assign or transfer this Agreement, whole or in part, to any successor, affiliate, or third party in the event of a merger, sale, acquisition, or other business reorganization, without prior written consent.

 

Termination:  FixEquip Mobile may terminate these Terms, and all matters related to them, including the Platform itself and any or all access to it, at any time without notice.  Upon termination, you agree to cease all use of the Platform.  Without limiting the foregoing, FixEquip Mobile has the right to immediately terminate your access to the Platform, or any portion of it, for any reason and in particular for any conduct by you or on your account that FixEquip Mobile, in its sole discretion, considers unacceptable or in breach of the Terms.

 

Modifications to Terms: We may modify these Terms at any time by posting the revised version on the Platform. Your continued use of the Platform after changes constitutes your acceptance of the new Terms.

 

Contact Information:

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FixEquip Mobile, LLC

14350 N Frank Lloyd Wright Blvd

Suite 16

Scottsdale, AZ 85260

Email: info@fixequip.com

Phone: 602-853-5085

 

For a detailed understanding of how we collect, use, and protect your information, please review our Privacy Policy.

 

By using the FixEquip Mobile Platform, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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