Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) are a binding agreement between you and FixBid (“we,” “us,” “our”). They govern your access to and use of the FixBid mobile and web applications and related services (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. What FixBid Is — and What It Isn’t

FixBid is a connector platform. We help car owners (“Customers”) describe a repair need, and we route that request to local independent auto repair shops (“Shops”) who can choose to send a quote.

FixBid does not:

• Perform any repair, service, inspection, or diagnostic work on any vehicle.
• Hold, transmit, process, or escrow any payment between Customer and Shop.
• Employ, supervise, dispatch, or guarantee the work of any Shop.
• Set prices, schedules, or terms between Customer and Shop.
• Act as a party to the contract between Customer and Shop.

Each transaction is between the Customer and the Shop. Disputes about quality, price, timing, warranty, or payment are between the Customer and the Shop. FixBid is not a party to those transactions and bears no liability for them.

3. Eligibility and Accounts

You must be at least 18 years old to use the Service. By registering, you represent that the information you provide is accurate and that you will keep it current. You are responsible for safeguarding your password and for all activity under your account. Notify us at fixbidsupport@gmail.com immediately if you suspect unauthorized access.

4. Shops — Additional Terms

Shops represent and warrant that:

• They are validly registered with the California Bureau of Automotive Repair (BAR) as an Automotive Repair Dealer (ARD) under California Business & Professions Code § 9884.6, or under the equivalent regulation in their state, where applicable.
• They hold all licenses, permits, and insurance required to perform the services they advertise.
• They will provide written estimates and follow the procedures required by California Civil Code § 1750 et seq. (Consumers Legal Remedies Act) and California Business & Professions Code § 9884.9 when performing repairs.
• The information they provide in the app (business name, address, ARD number, services offered, photos) is accurate.

FixBid manually reviews each shop's application before activation, but does not certify, endorse, or guarantee any Shop. Customers should independently confirm a Shop's licensing, references, and qualifications before agreeing to any work.

5. Quotes Are Not Contracts

A quote sent by a Shop through the Service is an offer. A binding contract for repair work forms only when the Customer and the Shop agree on terms (in writing or in person). Final pricing, scope, and timing are between the Customer and the Shop.

6. Shop Subscription Plans

Shops may subscribe to one of our membership plans (Starter, Pro, or Premium) for access to repair requests in their service area. Subscriptions:

• Are billed monthly in advance via our payment processor (Stripe).
• Renew automatically at the end of each billing period until cancelled.
• Can be cancelled at any time from the shop's account settings; cancellation takes effect at the end of the current billing period.
• Are not refundable for partial months except where required by law.

FixBid does not take a commission on any job won through the platform. The customer pays the shop directly for repair work.

7. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in any way that infringes the rights of others.
• Post false, misleading, or deceptive information.
• Harass, threaten, or harm any other user.
• Attempt to access another user's account or impersonate any person or business.
• Reverse-engineer, decompile, scrape, or otherwise exploit the Service.
• Introduce malware, spam, or any code that could harm the Service or its users.
• Circumvent the Service to solicit transactions off-platform with the intent of avoiding messages or records.

8. User Content

You retain ownership of the photos, descriptions, messages, quotes, and other content you submit to the Service (“User Content”). By submitting User Content, you grant FixBid a worldwide, non-exclusive, royalty-free license to host, store, display, transmit, and process that content as needed to operate and improve the Service.

You are responsible for your User Content and represent that you have the right to share it and that it does not infringe any third party's rights.

9. Copyright (DMCA)

If you believe content on the Service infringes your copyright, please send a notice to fixbidsupport@gmail.com with: (a) identification of the work, (b) identification of the infringing material and its location, (c) your contact information, (d) a statement of good-faith belief that use is unauthorized, (e) a statement under penalty of perjury that the information is accurate and you are authorized to act, and (f) your signature (physical or electronic). We will respond in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

10. Termination

You can stop using the Service at any time and delete your account by emailing fixbidsupport@gmail.com. We may suspend or terminate your account if you violate these Terms, abuse the Service, or for legal or safety reasons. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

11. Service Availability and Changes

The Service is provided “as is” and “as available.” We do not guarantee that it will always be available, error-free, or secure. We may modify, suspend, or discontinue any part of the Service at any time.

12. Disclaimers

FixBid does not warrant the quality, safety, accuracy, or legality of any Shop, repair, quote, or transaction arranged through the Service. FixBid makes no guarantee that a Customer will receive a quote, that a Shop will be available, or that any repair will be completed satisfactorily.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless FixBid and its owners, operators, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or any right of any third party, or (d) any dispute between you and another user.

15. Dispute Resolution — Arbitration Agreement

15.1 Informal resolution first. Before starting any formal proceeding, you agree to email fixbidsupport@gmail.com with a description of the dispute and what you would like as a resolution. We will try to resolve it informally within 60 days.

15.2 Binding individual arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved exclusively by final and binding individual arbitration before a single arbitrator, except as set forth below. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

15.3 Class action waiver. You and FixBid each agree that Disputes will be brought in an individual capacity only, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

15.4 California public injunctive relief carve-out. Notwithstanding Sections 15.2 and 15.3, the parties retain the right to seek public injunctive relief in court, as required by California law under McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). Any claim for public injunctive relief may proceed in court while all other claims proceed in arbitration.

15.5 Opt out. You may opt out of this arbitration agreement by emailing fixbidsupport@gmail.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your full name and email on file. Opting out does not affect any other part of these Terms.

15.6 Small claims. Either party may bring a qualifying claim in small claims court instead of arbitration, so long as the claim stays in small claims court.

15.7 Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. If any provision is found unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in effect.

16. Apple-Specific Terms (iOS Users)

You acknowledge that these Terms are between you and FixBid, not Apple Inc. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support. Any product warranty is FixBid's responsibility, to the extent any warranty exists; if the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (which is zero for FixBid). In the event of a third-party claim that the Service or your use of it infringes a third party's intellectual property, FixBid (not Apple) is responsible for investigation and defense. You represent that you are not located in a country subject to a U.S. Government embargo and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with the right to enforce them.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email. Continued use of the Service after notice means you accept the updated Terms.

18. Contact

Questions about these Terms? Email fixbidsupport@gmail.com.