OneFix Terms of Service

Updated: March 10, 2024

1. General

Each of the websites, mobile sites, mobile applications, products, services and other technologies we offer for use by consumers (referred to herein as the “Service” for ease of reference) is owned and operated by Covie Systems, Inc. dba OneFix or a subsidiary or affiliate, collectively “we,” “us,” or “OneFix” Some of the features and content available through the Service are available only to OneFix members. Features and content available to OneFix members and non-members are subject to change, including discontinuation, at any time and without notice. You agree that OneFix shall not be liable to you for any such modifications to the Service. Accessing the Service, in any manner, whether automated or otherwise, constitutes use of the Service, and your agreement to be bound by these Terms of Service. By using the Service, you agree to use the Service in accordance with these Terms of Service, our [Privacy Policy], and any additional terms and conditions that may apply to specific sections of the Service or to products and services available on or through the Service.

We reserve the right to modify these Terms of Service at any time, in which case the revised Terms of Service will appear on the Service. Continued use of the Service after we post any such changes (regardless of notice) will constitute your acceptance of the Terms of Service, as modified. 

We also reserve the right to terminate your use of and access to the Service (or any part thereof) without prior notice, including if you do not comply with these Terms of Service at any time. In the event of any termination, any restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Service. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Service in accordance with the terms set forth herein.

If you do not agree with the Terms of Service, or the revised Terms of Service as may be updated from time to time, do not use the Service or any of the products or services available on or through the Service. 

2. Repair and Maintenance Services Description. 

OneFix provides you with expert guidance and resolution for your restaurant repair and maintenance needs. Certified and vetted professionals are available, on your schedule, to provide quality assured service with upfront pricing and a workmanship warranty.

OneFix uses a network of professional restaurant maintenance and repair contractors, and other service professionals (collectively, "Contractors") to simplify the process of finding a contractor, obtaining an estimate, scheduling service appointments, and getting your restaurant maintenance and repairs done in a timely and professional manner. When you contact OneFix, our experts will discuss your maintenance repair or service needs with you and arrange for an assessment and estimate from our network of Contractors. If you choose to accept the estimate, OneFix will work with you to schedule a convenient time for the maintenance or repair services, and when the work is done, OneFix will ensure that it was completed to your satisfaction.

OneFix repair and maintenance services are completed by qualified, licensed, and insured Contractors who have passed background checks. Completed repair and maintenance work comes with non-transferable workmanship warranty for the restaurant owner.
The Services are designed for restaurant owners for repairs and maintenance work that is not covered under your insurance policy or under a product warranty or service plan.

3. Estimate Fees and Payments

By using the Service, you agree to pay a fee for in-person estimates. If you accept the estimate and use the Service to complete the work for which you obtained that estimate, the estimate fee will be waived. The fees for all work completed using the Service are to be paid in full to OneFix upon completion of the work. 

4. Contractor Screening

Prior to being admitted to the network of Contractors eligible to provide restaurant maintenance or repair services to OneFix customers, each Contractor's business is evaluated to ensure that the Contractor is appropriately licensed and/or certified for the specific type of work to be completed under the Services. Contractors must also maintain proper levels of general liability, contractor's pollution liability, excess liability/umbrella insurance, worker's compensation, automobile insurance, and bailment coverage, as applicable to each Contractor.

Before entering your business, each Contractor and its employees will have undergone a background check that includes (a) state and federal felony convictions; (b) misdemeanors that include (i) intentional injury or loss to a person or property; (ii) endangerment of others while under the influence of drugs or alcohol; and (c) pending deferred adjudications with respect to any of the above, for a period of seven years prior or as allowed by law.

5. Warranty of Workmanship

When the Contractor has performed the work arranged through the Services and you have paid the balance owed to OneFix, OneFix will provide you, or the business owner, as the case may be, a warranty of workmanship for a period of at least 3 years from the date the Contractor completed the maintenance or repair services. This warranty ensures that the work is completed in a good, workmanlike manner.

6. Problems and Warranty Claims

If you have any concerns about the quality of the materials or workmanship provided by the Contractor or would like to request a workmanship Warranty service, please email [quality@onefix.app] so that we can help resolve the issue to your satisfaction.

7. No Endorsement or Guarantee of Contractors

EXCEPT AS PROVIDED IN THE CONTRACT SCREENING AND WARRANTY OF WORKMANSHIP SECTIONS ABOVE, WE MAKE NO ENDORSEMENTS, GUARANTEES, OR REPRESENTATIONS CONCERNING THE SKILLS OR BUSINESS PRACTICES OF CONTRACTORS OR THE WORKMANSHIP OR QUALITY OF THEIR WORK.

8. Intellectual Property Rights

(A) OneFix’s Limited License to You. This Service and all the materials contained on it are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Service for personal noncommercial use only. You may only use this Service and the materials on it as authorized by us. You may not use this Service or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Service (or any portion of the Service) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Service.

(B) Your License to OneFix. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Service, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or Member name, as we deem appropriate. 

(C) Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Service in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by email to [legal@onefix.app]. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Service.

Please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the Service;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

(D) Restrictions on Linking and Framing. You may establish a hypertext link to the Service, provided that the link does not state or imply any sponsorship of your site by OneFix. However, you may not frame or inline link to any of the content of the Service, or incorporate into another website or other service any of our material or intellectual property without the written permission of OneFix.

9. Message Boards and Other Interactive Features

This Service may include interactive features, including, but not limited to, message boards, Web logs, email services, and areas that allow uploading of user-generated content (the “Interactive Features”). You are responsible for any material that you post on message boards or provide through any other Interactive Features on the Service. We do not control the messages, information, or files that you or others may provide through the Service. We provide these features for the use of civil conversation and interaction between our community members. This Service, including its Interactive Features, shall be used for lawful purposes only; you shall not: 

• Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Service. 
• Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right. False and misleading information is also prohibited. This includes: 
  • Copying entire articles or videos from other information sources online. Link, cite, and provide a summary of the resource instead.
• Use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Service.
  • Usernames must be inoffensive and not misleading. Examples of usernames that do not meet these requirements would be any that include profanities, rude/sexist/racist comments, the names of real people other than yourself, political or religious expressions, any phrases with the intent to incite, and recognizable trademarked names. Using “OneFix” within your username is also not permitted as it is reserved for official OneFix roles.
• Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Service.
• Use the Service in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Attacks on individuals, social, ethnic, or political groups and figures, insults, name-calling, trolling, bullying, baiting or other attempts to sow dissension or incite members.
• Gain unauthorized access to the Service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining, or other illicit means.
• Obtain or attempt to obtain any materials or information not intentionally made available through this Service.
• Use the Service to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
• Use the Service to post or transmit any information, software, or other material that contains a virus or other harmful component.
• Use the Service to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
• Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Service, without our written consent.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Service. 

We shall have the right, but no obligation, to monitor the content of any message boards or other Interactive Features to determine compliance with these Terms of Service, and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other Interactive Features of the Service. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other Interactive Features of the Service, whether it is provided by us, our employees, or a third party. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other Interactive Features of the Service. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other Interactive Features of the Service.

We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Service or any features of the Service to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other Interactive Features of the Service.  

10. Registration and Passwords  

To access certain features of the Service, we may ask you to provide Personal Information (as defined in our [Privacy Policy]), such as your name, email address, ZIP code, and date of birth. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Service. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse all current or future use of the Service. Our use of any Personal Information you provide to us as part of the registration process is governed by the terms of our [Privacy Policy].

You may need a username and password to use certain features of the Service. By registering on the Service, you agree that you will not (i) select or use a username or email address of another person with the intent to impersonate that person; (ii) use a username or email address subject to the rights of any person without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

USE OF DIRECTORIES

11. General Disclaimers

The Service may provide links to websites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our subsidiary companies. When you access these third-party sites, you do so at your own risk.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SERVICE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS, OR OTHER USERS OF ANY MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER. 

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SERVICE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SERVICE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. 

You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Any financial or legal information provided on the Service is for informational purposes only, does not constitute legal advice, and is not intended for trading or investing purposes, or for commercial use. The Service should not be used in any high-risk activities where damage or injury to persons, property, environment, finances, or business may result if an error occurs. You assume any and all risk for your use of financial or legal information provided on the Service.

12. Third-Party Sites

Certain sections of the Service may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a merchant on a site linked to by the Service, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant. A merchant that offers or sells products or services through the Service may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Service.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY. 

IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SERVICE OR WITH ANY OF THE SERVICE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

14. Limited License 

We grant you a nonexclusive, nontransferable, limited right to access and use the Service and all the tools in the Service for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms of Service. You agree not to assign, transfer, or sublicense your rights.

15. Indemnification

You understand and agree that you are solely and personally responsible for your behavior on the Service. You agree to indemnify, to defend, and to hold harmless OneFix, its affiliates, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your use, misuse, or inability to use the Service or by any violation of these Terms of Service by you.

16. Monitoring, Copying, Altering, or Interfering With the Service

By using the Service, you agree that you will not:

• Use any robot, spider, data miner, web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Service without the prior expressed written permission of OneFix or the appropriate third party.
• Create a database by systematically downloading and storing content from the Service.
• Disable any licensing or control features of this website.
• Frame or mirror any part of the website without our express prior written consent.
• Merge this website with another program or create derivative works based upon this website or any part thereof.
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website.
• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website.

Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

17. Availability of Products 
    We operate and provide the Services from administrative offices in the United States. We do not in any way imply that the materials related to the Service or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction. By completing an on-line request for a rate quote, you are confirming that you are not a resident in any such jurisdiction. By providing material to us, we do not in any way promise that the materials will remain available to you or that you will qualify for the products we offer.

Our website is for informational purposes only. References to any of our affiliated companies' products or services are not intended to constitute offers to sell or solicitations in connection with any product or service. Some products may not be available in all jurisdictions.

The information on our website is not offered as legal, accounting or other professional advice, and is not tailored to your specific circumstances.

With respect to insurance purchased through us, your insurance policy, not the statements on the website, form the contract between the insured and the company issuing the policy.

18. Other Terms

These Terms of Service constitute the entire agreement between us and you with respect to the subject matter contained in this agreement and supersede all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use (i) additional products within the Service, and/or (ii) the products or services of a third party that are provided on or through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, solely with respect to the Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. If any provision of this agreement between us shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and the benefits of our affiliates, third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.