Legal

Terms

Effective July 18, 2026. Last updated July 18, 2026.

Last updated: July 9, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and FixUpList (“FixUpList,” “we,” “us,” or “our”), the service operated through FixUpList.com.

These Terms govern your access to and use of FixUpList’s websites, applications, project-management and collaboration tools, contractor and home-professional directory, artificial-intelligence features, communications, exports, and related services, collectively, the “Service.”

Important: Section 24 contains an agreement to arbitrate disputes, a class-action waiver, and a jury-trial waiver. You may opt out of arbitration as described in Section 24.

1. Acceptance of these Terms

You agree to these Terms when you:

Check a box or select a button indicating your agreement.
Create, access, or use an account.
Access or participate in a project through an invitation or shared link.
Claim, create, update, or request a business listing.
Purchase or redeem a subscription, promotion, or access code.
Otherwise access or use the Service.

If you do not agree to these Terms, do not use the Service.

Our Privacy Policy is incorporated into these Terms by reference. Additional terms presented with a particular feature, plan, promotion, transaction, or service are also part of your agreement with us. If additional terms directly conflict with these Terms, the additional terms control only for the applicable feature or transaction.

If you use the Service for a company, contractor, property-management business, organization, or other entity, you represent that you have authority to bind that entity. In that situation, “you” includes both you and the entity.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service.

The Service is not directed to children. You may not create an account for a person under 18 or permit a person under 18 to independently use your account.

You may not use the Service if you are prohibited from doing so under applicable law or if we previously terminated your account for violating these Terms.

3. Definitions

For these Terms:

Business User means a contractor, subcontractor, tradesperson, supplier, property manager, architect, designer, consultant, inspector, handyman, or other person using the Service for commercial or professional purposes.
Consumer User means a person using the Service primarily for personal, family, household, or residential purposes.
Collaborator means anyone invited to view, edit, comment on, or otherwise participate in a project.
User Content means projects, items, tasks, photographs, videos, recordings, files, notes, messages, comments, business information, profile information, AI prompts, and other material submitted to or through the Service.
AI Features means any feature that uses automated systems or artificial intelligence to analyze content, suggest information, draft text, summarize activity, identify possible causes, suggest questions, or generate other output.

4. What FixUpList is—and is not

FixUpList provides organizational, recordkeeping, communication, directory, and collaboration software relating to residential property projects.

FixUpList is not:

A general contractor, subcontractor, architect, engineer, building inspector, property inspector, electrician, plumber, attorney, real-estate professional, insurer, surety, escrow provider, lender, employer, staffing agency, or construction manager.
A substitute for a written construction contract, professional inspection, permit review, engineering analysis, legal advice, or advice from a properly licensed professional.
A party to any agreement, transaction, project, proposal, estimate, bid, change order, employment relationship, or payment arrangement between users.
Responsible for supervising, directing, controlling, approving, inspecting, or accepting any person’s work.
An emergency, life-safety, dispatch, monitoring, or notification service.
A guaranteed or permanent repository for records, evidence, photographs, communications, or project data.

You remain solely responsible for your property, project, work, decisions, contracts, safety procedures, legal compliance, professional advice, inspections, permits, insurance, payments, taxes, and relationships with other users.

5. Project features do not create contracts or legal approvals

FixUpList includes features that may allow users to request an “OK,” assign an item, change a status, post a comment, upload a photograph, share a project, record a decision, mark work complete, or create a PDF or other export.

Unless the parties separately agree otherwise in a valid written agreement outside the Service, no action within FixUpList constitutes:

A binding bid, estimate, proposal, contract, subcontract, purchase order, or change order.
Acceptance of work or confirmation that work is complete, safe, code-compliant, defect-free, or suitable for its intended purpose.
Authorization to perform work or incur costs.
Approval of a design, material, product, installation method, schedule, invoice, payment, or professional recommendation.
Waiver of a defect, claim, warranty, lien, payment right, inspection right, or contractual remedy.
A legally effective notice required by a construction contract, insurance policy, statute, regulation, permit, or court rule.
An electronic signature unless the parties clearly and separately agree to use a particular FixUpList action as their legally binding signature.
A warranty, certification, inspection report, or professional opinion from FixUpList.

Project statuses, activity feeds, timestamps, notifications, and exports may be incomplete, delayed, incorrectly entered, altered by authorized users, or affected by technical errors. You must independently confirm important approvals, deadlines, notices, instructions, costs, and contractual obligations.

Do not rely on FixUpList as the only record of a contract, payment, construction defect, legal notice, inspection, warranty claim, insurance claim, dispute, or other legally significant matter.

6. Contractor and home-professional directory

6.1 Directory purpose

The FixUpList directory helps users discover contractors, suppliers, tradespeople, and other home-related businesses. Listings may be created from public sources, information supplied by a business, information submitted by another user, or a combination of sources.

A listing may be unclaimed, claimed, incomplete, inaccurate, outdated, or associated with a business that does not use FixUpList.

6.2 No verification or endorsement

Unless FixUpList expressly states otherwise in writing, we do not:

Verify licenses, registrations, insurance, bonding, permits, experience, ownership, availability, references, criminal history, financial condition, pricing, work quality, or legal compliance.
Inspect completed work.
Recommend or endorse a listed business.
Guarantee that a business will respond, accept work, perform competently, charge a reasonable price, complete work on time, or honor an agreement.
Guarantee that information supplied by a business or obtained from a public source is accurate.
Act as an agent, broker, representative, partner, employer, or joint venturer of any listed business or user.

A “claimed” profile means only that a person completed FixUpList’s claim process. It does not mean that FixUpList has verified every statement, credential, service, photograph, or representation on the profile.

6.3 Your responsibility before hiring

Before hiring or paying any professional, you should independently evaluate the business and confirm all information relevant to your project, including:

Identity and authority to contract.
Applicable license or registration status.
Insurance and bonding.
References and work history.
Written scope, exclusions, pricing, payment schedule, and change-order procedures.
Permits, inspections, and code requirements.
Warranties.
Lien rights and releases.
Any other information appropriate to your property and jurisdiction.

6.4 Business listings

If you claim or manage a business profile, you represent that:

You are authorized to act for the business.
All information you provide is truthful, current, and not misleading.
You will keep material information reasonably current.
You hold all licenses, registrations, insurance, and permissions required for the services you advertise or perform.
Photographs, logos, descriptions, credentials, and other materials you upload may lawfully be used for the profile.

We may edit formatting, correct apparent errors, request verification, refuse publication, suspend a claim, add disclosures, remove content, or remove an entire listing at our discretion.

Listing placement, search order, visibility, profile traffic, inquiries, and leads are not guaranteed.

6.5 Corrections and removals

Businesses and other affected parties may request a correction or removal through the process provided on the Service. We may require reasonable evidence of identity or authority before acting on a request.

Nothing in these Terms obligates us to publish, retain, modify, or remove a listing except as required by applicable law.

7. Accounts, credentials, invitations, and shared links

You are responsible for:

Providing accurate account information.
Protecting your sign-in credentials, email account, devices, and shared links.
All activity conducted through your account, except activity caused solely by our breach of these Terms.
Promptly notifying us if you suspect unauthorized access.
Ensuring that people you invite are authorized to view the information you share.

Project owners and authorized users may grant, change, or revoke access. Depending on the feature and permissions selected, Collaborators may view, download, copy, modify, comment on, or redistribute User Content.

A person receiving a shared link may forward it or allow another person to access it. You should treat shared links as sensitive and use available permission and revocation controls.

We are not responsible for disclosure caused by:

Your selection of incorrect permissions.
An invitation sent to the wrong person or email address.
Forwarding or sharing by a recipient.
Access through a compromised email account or device.
Conduct by a user or Collaborator you authorized.

You may not impersonate another person, misrepresent your affiliation, claim a business without authority, or use another person’s account without permission.

8. User Content

8.1 Ownership

As between you and FixUpList, you retain ownership of your User Content, subject to the rights granted in these Terms.

8.2 License to operate the Service

You grant FixUpList and its service providers a worldwide, nonexclusive, royalty-free license to host, store, reproduce, transmit, display, format, resize, transcode, analyze, process, and otherwise use your User Content as reasonably necessary to:

Provide and operate the Service.
Make content available to users you authorize.
Provide support.
Prevent fraud, abuse, and security incidents.
Comply with law and enforce these Terms.
Develop, maintain, troubleshoot, and improve the Service.
Provide AI Features or other functionality you request.

This license continues for as long as your User Content is stored by or for FixUpList and for a reasonable period afterward in backups, logs, fraud-prevention records, and legally required records.

8.3 Your representations

You represent and warrant that:

You own your User Content or have all permissions needed to submit and use it through the Service.
Your User Content and use of the Service do not infringe another person’s copyright, trademark, privacy, publicity, confidentiality, contractual, property, or other rights.
Your User Content is not unlawful, fraudulent, defamatory, threatening, or materially misleading.
You have permission to upload photographs, recordings, communications, personal information, and property information relating to other people.

8.4 Collaborator content

A project may contain content supplied by several users. You may not have the right to delete, control, export, or restrict content created or owned by someone else.

We do not determine who owns a project, photograph, design, message, or other record as between users. Those questions are governed by the users’ own agreements and applicable law.

8.5 Sensitive information

The Service is not designed to store highly sensitive information such as:

Social Security numbers.
Payment-card numbers or bank credentials.
Passwords or private cryptographic keys.
Detailed medical records.
Government identity documents.
Legally protected classified or export-controlled information.
Information whose disclosure could create a serious and immediate safety risk.

Do not upload such information unless a feature expressly requests it and we clearly state that the feature is designed to receive it.

9. Data, storage, exports, and backups

Although we take reasonable steps to operate and secure the Service, no online service can guarantee that data will never be lost, corrupted, delayed, misdirected, altered, accessed without authorization, or made temporarily unavailable.

FixUpList is not a backup, archival, legal-hold, e-discovery, or record-preservation service.

You are responsible for maintaining independent copies of important:

Photographs and videos.
Contracts and change orders.
Plans and specifications.
Invoices and payment records.
Warranties.
Inspection and permit records.
Project communications.
Any evidence or information needed for a claim or dispute.

Export features may omit certain metadata, activity, formatting, attachments, comments, access records, deleted content, or information that is unavailable or unsupported.

Storage limits, file-size limits, usage limits, quotas, fair-use requirements, and supported formats may vary by plan and may change. We may reject or remove files that are unlawful, unsafe, corrupted, unsupported, excessive, or harmful to the Service.

10. Privacy and security

Our collection, use, retention, and disclosure of personal information are described in our Privacy Policy.

By using the Service, you understand that User Content may be processed by our hosting, storage, authentication, email, payment, analytics, customer-support, transcription, and AI service providers.

You also understand that information you share with another user is accessible to that user and may be copied or used outside FixUpList.

We use safeguards designed to protect the Service, but we do not guarantee that the Service or User Content will be immune from unauthorized access, cyberattack, service-provider failure, account compromise, software defect, or human error.

You are responsible for determining whether the Service is appropriate for the confidentiality and sensitivity of your information.

11. Artificial-intelligence and automated features

AI Features may analyze photographs, project descriptions, notes, files, activity, or other information and may provide possible causes, questions, suggestions, summaries, drafts, or other output.

11.1 AI output may be wrong

AI output is generated automatically and may be:

Inaccurate, incomplete, outdated, misleading, or fabricated.
Based on an incorrect interpretation of a photograph or description.
Inconsistent from one request to another.
Inappropriate for your property, climate, materials, jurisdiction, or circumstances.
Similar or identical to output provided to another user.

11.2 No professional or safety advice

AI output is provided for general informational and organizational purposes only. It is not:

A diagnosis.
An inspection.
Engineering, architectural, electrical, plumbing, environmental, legal, financial, insurance, or other professional advice.
Confirmation of code compliance, permit requirements, product compatibility, safe installation, or the condition of a structure.
A substitute for an on-site evaluation by a qualified professional.

Do not rely on AI Features for emergencies or situations involving fire, gas, electricity, structural movement, flooding, mold, asbestos, lead, hazardous materials, personal injury, active water intrusion, life safety, or other potentially dangerous conditions.

Contact emergency services or an appropriately licensed professional when circumstances require it.

11.3 User review required

You are responsible for reviewing and verifying AI output before relying on it, sharing it, sending it to a client, incorporating it into an estimate, or taking or recommending any action.

AI-generated drafts are drafts only. You are responsible for their final content and for ensuring that any message, estimate, summary, request, or client update you send is accurate and appropriate.

FixUpList is not responsible for decisions, work, delay, cost, injury, property damage, lost business, or other consequences arising from reliance on AI output.

11.4 You are the author and sender

When you send, email, post, or share content that an AI Feature helped you create — including project updates sent to your clients or subcontractors — you are the author and sender of that content, and FixUpList acts only as a conduit that delivers it at your direction. You represent that you have the right to send it to the recipients you choose and that it complies with these Terms, including Section 14 (Acceptable use), and with applicable law.

11.5 Safety filters, circumvention, and enforcement

Section 14 (Acceptable use) applies in full to AI Features and to any content they help you create. You will not attempt to bypass, disable, or interfere with the safety filters, usage limits, rate limits, or entitlement gates that apply to AI Features. We use automated safety filters on AI Features and may block or decline requests; we do not review all content you enter or generate, but we may keep limited records of blocked or flagged attempts (such as the type of block and the account involved) to enforce these Terms. We may suspend or terminate access to AI Features or your account as described in Section 19 (Suspension and termination). AI Features and their output are provided "as is" and "as available," and the disclaimers and limitations of liability in Sections 20 and 21 apply fully to them.

12. Business-User responsibilities

Each Business User is solely responsible for:

The services it offers and performs.
Compliance with licensing, registration, insurance, bonding, permitting, safety, employment, tax, advertising, privacy, and consumer-protection requirements.
Its workers, employees, subcontractors, agents, and suppliers.
Estimates, bids, contracts, schedules, invoices, payments, warranties, and change orders.
Protecting client and project information.
Obtaining permission before inviting or sharing information with another person.
Reviewing all AI-generated or automatically generated content.
Complying with its own professional and contractual obligations.
Maintaining its own business records and backups.

FixUpList does not guarantee that notifications, assignments, comments, approvals, inquiries, or client messages will be received, read, understood, or acted upon.

Business Users must not rely on the Service as their sole system for deadlines, safety notices, dispatch, payment collection, legal compliance, scheduling, record retention, or business continuity.

13. Subscriptions, billing, and promotions

13.1 Plans

We may offer free and paid plans with different project, storage, collaboration, directory, AI, export, and other limits.

Plan descriptions and prices displayed at checkout are part of these Terms. Features may be subject to additional usage, storage, eligibility, fair-use, or technical restrictions.

13.2 Automatic renewal

If you purchase an automatically renewing subscription, your subscription will renew at the interval disclosed at checkout until you cancel it.

By purchasing an automatically renewing subscription, you authorize us or our payment processor to charge the applicable subscription price and taxes to your payment method at each renewal.

You may cancel through the cancellation method provided in your account or at checkout. Unless otherwise stated, cancellation takes effect at the end of your current paid billing period, and you retain paid access until then.

13.3 Prices and rate-lock offers

We may change prices for future purchases or renewals after providing any notice required by law.

If we expressly state at the time of purchase that your base subscription price is “locked,” that promise applies only:

While the same subscription remains continuously active.
For the same customer, account, plan, and billing interval.
While payments remain current.
While your use remains within stated plan and fair-use limits.
Unless the offer expressly states different conditions.

A rate lock does not apply to taxes, optional add-ons, new services, third-party pass-through costs, increased usage, storage beyond plan limits, plan changes, reactivation after cancellation, or a replacement service that is materially different from the original plan.

We may discontinue or materially restructure a plan where reasonably necessary, but we will provide advance notice where required by law and describe the options available to affected subscribers.

13.4 Refunds

Except as required by law or expressly stated at checkout, payments are nonrefundable.

When a seven-day money-back guarantee is expressly offered, it applies only to the first eligible paid purchase for the account and only if a refund request is submitted within seven calendar days after the applicable charge. We may deny repeat, abusive, fraudulent, or ineligible refund requests.

13.5 Taxes and payment failures

Prices may exclude applicable taxes. You are responsible for taxes associated with your purchase, except taxes based on our net income.

If payment fails, we may retry the charge, request another payment method, restrict paid features, downgrade the account, or suspend the subscription.

13.6 Promotions and access codes

Promotional and access codes may be limited by customer, account, plan, quantity, eligibility, geographic area, or expiration date. Codes have no cash value and may not be sold, transferred, duplicated, or combined unless expressly permitted.

We may revoke a code obtained or used through fraud, error, unauthorized distribution, or violation of its terms.

14. Acceptable use

You may not use the Service to:

Violate any law, regulation, court order, contractual obligation, or third-party right.
Upload unlawful, infringing, fraudulent, defamatory, threatening, harassing, discriminatory, obscene, or malicious content.
Impersonate another person or misrepresent your identity, authority, qualifications, credentials, affiliation, or business.
Claim or modify a business profile without authorization.
Send spam, unsolicited commercial messages, deceptive requests, or abusive communications.
Upload malware or attempt to disrupt, damage, test, scan, or gain unauthorized access to the Service or another account.
Bypass security, usage limits, rate limits, access controls, plan restrictions, or payment requirements.
Scrape, harvest, copy, index, or extract directory or user information through automated means except as expressly authorized.
Reverse engineer, decompile, disassemble, or attempt to discover source code, models, prompts, algorithms, or nonpublic components of the Service, except to the limited extent applicable law prohibits this restriction.
Use the Service or its output to develop or train a substantially competing product without our written permission.
Use another user’s information for unrelated marketing, resale, surveillance, harassment, discrimination, or unlawful profiling.
Upload content for which you lack necessary rights or permissions.
Manipulate directory visibility, inquiries, or platform activity.
Use the Service to facilitate unsafe, illegal, unlicensed, or fraudulent work.
Assist another person in doing any of the above.

We may investigate suspected violations and may preserve or disclose information when reasonably necessary to comply with law, protect users, protect the Service, or enforce these Terms.

15. Third-party services and links

The Service may rely on or link to third-party services, including authentication providers, cloud-hosting providers, mapping services, payment processors, browsers, speech-recognition providers, AI providers, business websites, and public licensing resources.

Third-party services are governed by their own terms and privacy practices. We do not control and are not responsible for:

Their availability, security, accuracy, performance, or continued operation.
Their collection or use of information.
Transactions conducted through them.
Content available from them.
Loss or damage resulting from their acts or omissions.

A link does not imply endorsement.

16. FixUpList intellectual property

The Service, including its software, design, layout, branding, logos, text, templates, databases, workflows, and other materials provided by FixUpList, is owned by FixUpList or its licensors and is protected by intellectual-property laws.

Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to use the Service for its intended purpose.

These Terms do not transfer ownership of the Service or any FixUpList trademark, copyright, patent, trade secret, or other right to you.

You may not use FixUpList’s name, logo, or branding in a manner that implies endorsement, partnership, certification, or affiliation without written permission. Business Users may use exports containing authorized FixUpList or business branding as enabled by the Service.

17. Feedback

If you submit ideas, suggestions, designs, feature requests, comments, or other feedback about FixUpList, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, modify, commercialize, and incorporate that feedback without restriction or compensation.

This section does not transfer ownership of your project photographs, notes, or other User Content merely because you report a bug or request support.

18. Service availability, changes, and early-access features

The Service may contain defects, interruptions, delays, errors, or incomplete features, particularly during beta, pilot, testing, early-access, or preview periods.

We may:

Add, change, limit, suspend, or discontinue features.
Change technical requirements.
Impose or adjust usage and storage limits.
Perform maintenance.
Restrict access to protect security or service stability.
Stop supporting a browser, device, file type, integration, plan, or feature.

We do not guarantee any service-level commitment, response time, uptime percentage, data-restoration period, feature roadmap, compatibility, or continued availability unless a separate written agreement expressly provides one.

Where reasonably practicable, we will attempt to provide advance notice of a material discontinuation that significantly affects paid users.

19. Suspension and termination

You may stop using the Service at any time and may close your account through the available account process.

When you request account closure, we may provide a 30-day grace period during which you may reverse the closure. After the grace period, we may begin deleting or de-identifying account information and User Content, subject to backups, legal obligations, fraud prevention, dispute preservation, and information belonging to other users.

We may suspend, restrict, downgrade, or terminate your access if:

You violate these Terms.
Payment is overdue.
Your use creates legal, security, fraud, reputational, or operational risk.
We are required to do so by law.
Your account appears compromised.
Your conduct threatens another person or the Service.
We discontinue the Service.

Where appropriate, we may provide notice and an opportunity to cure. We may act without advance notice when reasonably necessary to prevent harm, address abuse, comply with law, or protect the Service.

Before closing an account, you should export any information you wish to retain.

Sections that by their nature should survive termination will survive, including provisions concerning ownership, licenses, disclaimers, limitations of liability, indemnity, dispute resolution, and miscellaneous terms.

20. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is,” “as available,” and “with all faults.”

FixUpList and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, non-infringement, and warranties arising from course of dealing or usage of trade.

We do not warrant that:

The Service will be continuous, secure, available, timely, or error-free.
Defects will be found or corrected.
User Content will never be lost, corrupted, altered, disclosed, or deleted.
Notifications, invitations, messages, assignments, or approval requests will be delivered or read.
Directory information, User Content, AI output, exports, or third-party information will be accurate or complete.
A contractor or other user is qualified, licensed, insured, reliable, safe, or suitable.
Use of the Service will prevent delays, disputes, defects, miscommunication, property damage, personal injury, business loss, or missed deadlines.
The Service will satisfy any legal, professional, insurance, recordkeeping, evidentiary, or regulatory requirement.

You use the Service, directory, AI Features, User Content, and third-party services at your own risk.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

21. Limitation of liability

To the maximum extent permitted by law, FixUpList and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for any loss of profits, revenue, business, opportunity, clients, contracts, goodwill, use, data, records, or business continuity.

This exclusion applies regardless of legal theory and includes losses arising from or related to:

Outages, downtime, delays, defects, bugs, failed uploads, or corrupted or deleted data.
Missed, delayed, incorrect, or unread notifications, messages, assignments, approvals, or deadlines.
Unauthorized access to an account or project.
Reliance on AI output, directory information, User Content, exports, or project statuses.
Work performed or not performed by a contractor, subcontractor, user, or other third party.
Project delay, rework, defect, code violation, permit issue, payment dispute, lien, property damage, bodily injury, or economic loss caused by a user or third party.
Contracts, communications, transactions, or disputes between users.
Suspension, termination, modification, or discontinuation of the Service.
Conduct of a third-party provider.

To the maximum extent permitted by law, the total aggregate liability of FixUpList and all other FixUpList parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of:

The amount you paid directly to FixUpList for the Service during the 12 months immediately before the event giving rise to the claim; or

US$100.

The limitations in this section apply even if a remedy fails of its essential purpose and even if we were advised that a loss was possible.

Nothing in these Terms excludes liability that cannot legally be excluded, such as liability for fraud, willful misconduct, or other liability that applicable law expressly prohibits us from limiting.

To the extent applicable law does not permit a particular exclusion or limitation, that exclusion or limitation will apply to the maximum extent permitted.

22. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless FixUpList and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

Your User Content.
Your use or misuse of the Service.
Your violation of these Terms or applicable law.
Your violation of another person’s rights.
Your property, project, business, services, work, workers, subcontractors, clients, or customers.
A listing you claim, create, update, or submit.
A contract, transaction, communication, or dispute between you and another user.
Your reliance on or distribution of AI output.
Personal injury, death, property damage, defective work, delay, nonpayment, lien, permit issue, or code violation caused by you or someone for whom you are responsible.
Your negligence, fraud, willful misconduct, or misrepresentation.

For Consumer Users, this indemnification obligation applies only to the extent permitted by applicable consumer law.

We may control the defense and settlement of an indemnified matter. You agree to reasonably cooperate. We will not agree to a settlement that requires you to admit fault or undertake a nonmonetary obligation without your consent, which will not be unreasonably withheld.

23. Disputes between users; release

You are solely responsible for your interactions, agreements, work, and disputes with other users and listed businesses.

FixUpList has no obligation to mediate, investigate, resolve, pay, reimburse, insure, or participate in a dispute between users. We may choose to assist, request information, restrict accounts, preserve information, or take other action, but doing so does not make us responsible for the dispute.

To the maximum extent permitted by law, you release FixUpList and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers from claims and damages arising from:

Another user’s conduct.
Work performed or not performed by a contractor or other professional.
A transaction or agreement between users.
Information in or omitted from a business listing.
Unauthorized use or disclosure by a person you invited or authorized.
A disagreement concerning project ownership, access, payment, work quality, scope, schedule, or completion.

This release includes claims you do not currently know or suspect to exist. To the extent California law applies, you waive California Civil Code section 1542 and any law with a similar effect, except where such waiver is prohibited.

This section does not release FixUpList from responsibility for its own conduct to the extent that responsibility cannot lawfully be waived.

24. Dispute resolution, arbitration, and class-action waiver

24.1 Please read this section carefully

This section requires most disputes between you and FixUpList to be resolved through binding individual arbitration rather than in court. It also waives the right to a jury trial and to participate in a class, collective, consolidated, or representative action.

24.2 Informal dispute process

Before initiating arbitration or litigation, the complaining party must send a written Notice of Dispute.

Notices to FixUpList must be sent by email to legal@fixuplist.com with the subject line “Notice of Dispute.”

The notice must include:

The sender’s full name and account email.
Contact information.
A detailed description of the dispute.
Relevant dates and documents.
The specific relief requested.
The sender’s personal signature.

The parties will attempt in good faith to resolve the dispute for at least 60 days after receipt of a complete notice. Any filing deadline will be tolled during that 60-day period to the extent permitted by law.

24.3 Agreement to arbitrate

Except for the matters identified in Section 24.7, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, the Privacy Policy, a subscription, a business listing, or the relationship between you and FixUpList will be resolved by binding individual arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be administered by the American Arbitration Association (“AAA”):

Under the AAA Consumer Arbitration Rules for a Consumer User.
Under the AAA Commercial Arbitration Rules for a Business User or other non-consumer dispute.

If AAA is unavailable or unwilling to administer the arbitration, the parties will attempt to agree on another nationally recognized arbitration provider. If they cannot agree, a court with jurisdiction may appoint an arbitrator under applicable law.

24.4 Arbitration procedure

The arbitration will be conducted by one neutral arbitrator.

A Consumer User may choose a telephone, video, documents-only, or in-person hearing to the extent permitted by the applicable AAA rules. An in-person consumer hearing will take place in a location reasonably convenient to the Consumer User unless the parties agree otherwise.

For Business Users, the arbitration will take place by video or in Honolulu County, Hawaiʻi, unless the parties agree otherwise.

The arbitrator may award the same individual relief available in court, including damages and injunctive or declaratory relief, but only to the extent necessary to resolve the individual claimant’s dispute.

The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in a court with jurisdiction.

Consumer arbitration fees will be allocated under the AAA Consumer Arbitration Rules. FixUpList will pay fees it is required to pay under those rules. Business arbitration fees will be allocated under the applicable AAA Commercial Arbitration Rules unless the arbitrator determines otherwise.

24.5 No class or representative proceedings

You and FixUpList agree that each party may bring claims only in an individual capacity.

The arbitrator may not:

Combine claims of different people.
Preside over a class, collective, consolidated, mass, coordinated, or representative proceeding.
Award relief for anyone other than the individual claimant.

24.6 Jury-trial waiver

To the extent a dispute proceeds in court rather than arbitration, you and FixUpList knowingly and voluntarily waive the right to a trial by jury, except where such a waiver is prohibited.

24.7 Exceptions

Either party may:

Bring an eligible individual claim in small-claims court.
Seek temporary or preliminary injunctive relief in court to prevent unauthorized access, cybersecurity harm, intellectual-property infringement, or misuse of the Service while arbitration is pending.
Pursue a claim that applicable law expressly prohibits from being arbitrated.
Seek public injunctive relief in court where applicable law requires that remedy to remain available in court.

24.8 Arbitration opt-out

You may opt out of this arbitration agreement by sending written notice within 30 days after you first accept these Terms.

Your notice must include your full name, account email, mailing address, a clear statement that you opt out of arbitration, and your personal signature.

Send the notice by email to legal@fixuplist.com with the subject line “Arbitration Opt-Out.”

Opting out of arbitration will not affect the other provisions of these Terms or your ability to use the Service.

24.9 Severability

If the class-action waiver is found unenforceable for a particular claim or request for relief, that claim or request will proceed in court after all arbitrable claims have been resolved.

If another portion of this arbitration section is unenforceable, it will be severed and the remainder will remain effective, except where severance would fundamentally alter the arbitration agreement.

25. Time limit for claims

To the maximum extent permitted by law, any claim against FixUpList must be filed within one year after the claimant knew or reasonably should have known of the facts giving rise to the claim.

Claims not filed within that period are permanently barred.

This section does not apply where applicable law prohibits shortening the limitations period.

26. Governing law and courts

Except for the arbitration agreement, which is governed by the Federal Arbitration Act, these Terms are governed by the laws of the State of Hawaiʻi, without regard to conflict-of-law rules.

For a dispute that is not subject to arbitration, you and FixUpList consent to the exclusive jurisdiction and venue of the state and federal courts located in Honolulu County, Hawaiʻi, except where applicable consumer law requires another venue.

Nothing in these Terms deprives a Consumer User of non-waivable rights provided by the law of the Consumer User’s place of residence.

27. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security practices, business operations, or risk.

We will post the updated Terms and change the “Last updated” date. If a change materially affects your rights, we may provide additional notice or request renewed acceptance.

Changes apply prospectively from their stated effective date. Your continued use after the effective date constitutes acceptance where permitted by law.

Changes to the arbitration section will not apply to a dispute for which the parties had already received a complete Notice of Dispute before the updated Terms became effective.

28. Electronic communications

You agree that we may provide agreements, disclosures, receipts, notices, and other communications electronically, including by email, account notification, or posting within the Service.

You are responsible for keeping your email address current and checking communications relating to your account.

Transactional and service-related communications are part of the Service. You may opt out of marketing communications through the provided unsubscribe method, but not essential account, billing, security, or legal communications.

29. Miscellaneous

29.1 Entire agreement

These Terms, the Privacy Policy, and any applicable additional terms constitute the entire agreement between you and FixUpList concerning the Service and replace prior discussions or agreements on the same subject.

29.2 Assignment

You may not assign these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of the Service, or operation by an affiliate or successor.

29.3 No agency or fiduciary relationship

These Terms do not create a partnership, joint venture, agency, franchise, employment, fiduciary, or other special relationship between you and FixUpList or between users.

29.4 Force majeure

We are not responsible for delay or failure caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, war, terrorism, labor disputes, utility failure, internet or telecommunications failure, cyberattack, government action, epidemic, civil disorder, or failure of a third-party provider.

29.5 Severability

If any provision other than a provision governed by the specific severability rules in Section 24 is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective.

29.6 No waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

29.7 Headings

Headings are for convenience and do not affect interpretation.

29.8 No third-party beneficiaries

Except for the FixUpList parties expressly protected by the warranty, liability, indemnification, and release provisions, these Terms do not create rights for anyone other than you and FixUpList.

30. Contact information

Questions about the Service:

FixUpList Support
support@fixuplist.com

Legal notices and questions about these Terms:

FixUpList Legal
legal@fixuplist.com