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FixSure Terms and Conditions

  1. Fixsure Terms & Conditions
    1. Introduction
      1. These Terms and Conditions (“Terms”) govern the use of home maintenance services provided by Fixsure, LLC, a Kansas limited liability company (“Fixsure”, “we”, “us”, or “our”), through any of its subscription plans. By subscribing to or using our services, you (“Client,” “you,” or “you're”) agree to be bound by these Terms.
      2. By subscribing to any Fixsure service, the Client agrees to be bound by these Terms and Conditions and the referenced appendices, which collectively form the full agreement between Fixsure and the Client.
      3. These Terms are practical as of 5/1and apply to all clients regardless of which subscription plan they select.
      4. If you disagree with these Terms, please do not enroll in or use our services.
  2. Subscription Plans
    1. Plan Overview
      1. Fixsure offers tiered subscription plans designed to provide recurring home maintenance services. Each plan includes a defined scope of services, visit frequency, and pricing structure. Details of each plan are publicly available and may be provided upon request or viewed through your customer account portal.
    2. Service Coverage
      1. The services included in your selected subscription plan (“Covered Services”) may vary based on tier and season. These services typically include but are not limited to, routine maintenance tasks such as HVAC filter changes, gutter cleaning, and home system checks. The Service Tier Matrix outlines the full breakdown of included services by plan and season.
    3. Service Visit Frequency
      1. Depending on your selected plan, Fixsure will perform maintenance visits monthly, quarterly, or seasonally. Scheduling and service notifications will be managed via email or the customer portal.
    4. Plan Changes
      1. You may request to upgrade or downgrade your subscription plan at any time. Unless otherwise agreed, changes will take effect at the beginning of the next billing cycle. Fixsure reserves the right to adjust plan offerings or revise service coverage with at least 30 days’ notice.
  3. Billing & Payment
    1. Billing Schedule
      1. Subscription fees are billed in advance on a [monthly/quarterly/annual] basis, depending on your selected plan. Enrolling allows Fixsure to charge your chosen payment method regularly until the subscription is canceled.
    2. Accepted Payment Methods
      1. Fixsure accepts payment via credit card, debit card, ACH transfer, and other approved electronic payment methods. All transactions are processed securely through our designated payment processor.
    3. Auto-Renewal
      1. All subscriptions automatically renew for successive terms of equal length unless canceled at least 15 days before the next billing cycle. Renewal will occur at the then-current pricing unless otherwise specified.
    4. Late Payment
      1. Payments not received within 10 days of the due date may be subject to a late fee of $25 or 1.5% of the outstanding balance, whichever is greater. Fixsure reserves the right to suspend service until the account is brought current.
    5. Refund Policy
      1. All subscription payments are non-refundable unless otherwise required by law. No refunds or credits will be provided for partial periods, unused services, or early termination except at Fixsure’s sole discretion.
    6. Fee Changes
      1. Fixsure may modify subscription pricing or fees for additional services with 30 days advance written notice. Adjusted pricing will take effect at the start of your next billing cycle.
  4. Add-On Services
    1. Availability
      1. In addition to the services included in your subscription plan, Fixsure may offer optional Add-On Services such as one-time repairs, specialty inspections, or seasonal upgrades. These are not included in standard plan pricing and are subject to availability.
    2. Request & Approval
      1. Add-on services must be requested by the Client and approved by Fixsure. Approval is at our sole discretion and may depend on technician availability, property suitability, or the nature of the requested work.
    3. Pricing & Payment
      1. Add-on services are billed separately at the rates outlined in our current Add-On Services Price List or as otherwise quoted. Payment is due at the time of service unless otherwise agreed in writing.
    4. No Obligation
      1. Fixsure is not obligated to perform Add-On Services, and availability may vary by region, technician certification, or scheduling capacity.
  5. Scheduling & Cancellation
    1. Service Visit Notification
      1. Clients will receive notice of upcoming service visits via email or the customer portal at least 72 hours in advance. Visits are scheduled based on the frequency and seasonality of their selected subscription plan.
    2. Arrival Windows
      1. Fixsure technicians will arrive within a specified service window (e.g., 8:00 AM – 12:00 PM or 1:00 PM – 5:00 PM). Clients are not required to be present unless property access or in-person authorization is necessary.
    3. Client-Initiated Rescheduling
      1. If you need to reschedule a service visit, notify Fixsure at least 48 hours before the appointment. This is subject to availability and may result in delayed service.
    4. Cancellations & No-Shows
      1. Cancellations with less than 24 hours' notice or repeated no-shows may result in a missed visit fee. Fixsure reserves the right to charge a fee or count the missed visit against your subscription allotment.
    5. Provider-Initiated Rescheduling
      1. Fixsure may reschedule visits due to weather, emergencies, technician availability, or other unforeseen circumstances. In such cases, we will make reasonable efforts to complete the visit within 14 days.
    6. Forfeited Visits
      1. Failure to provide required access to the property at the scheduled time may result in the service being marked as forfeited without refund or rescheduling obligation.
  6. Client Responsibilities
    1. Property Access
      1. The Client must provide Fixsure with safe and unobstructed access to all areas of the property necessary to perform scheduled services. This includes HVAC units, water heaters, attics, basements, and outdoor spaces.
    2. Safety Requirements
      1. The Client is responsible for ensuring a safe working environment, including but not limited to:
        1. Securing pets away from service areas
        2. Notifying Fixsure of known hazards (e.g., exposed wiring, unstable structures)
        3. Ensuring walkways and work areas are clear of debris or obstructions
    3. Security & Valuables
      1. Clients are advised to secure any valuables or sensitive property before scheduled visits. Fixsure is not responsible for lost or damaged items unless they were caused by gross negligence.
    4. Accurate Information
      1. Clients must provide accurate, up-to-date information regarding the condition of the property and any known issues. Disclosing relevant conditions may result in service delays, additional charges, or cancellation.
    5. Presence or Authorization
      1. If access cannot be granted remotely (e.g., via code or lockbox), the Client must be present or provide an authorized adult to allow entry during the scheduled service window.
    6. Cooperation During Service
      1. The Client agrees to cooperate with technicians, approve or decline recommendations, and respond promptly to any service-related communications from Fixsure.
  7. Service Exclusion
    1. General Exclusions
      1. Unless specifically included in your selected subscription plan or separately agreed upon in writing, the following services are excluded from Fixsure's standard offerings:
        1. Emergency or same-day repair requests
        2. Renovations, remodeling, or new construction
        3. Mold, asbestos, or hazardous material remediation
        4. Pest control, rodent removal, or wildlife management
        5. Structural repairs or replacements (e.g., roofing, foundation, HVAC systems)
        6. Services requiring building permits or code inspections
        7. Work requiring licensed trade professionals unless subcontracted by Fixsure
    2. Third-Party Equipment & Warranties
      1. Fixsure does not perform services on:
        1. Equipment or systems under manufacturer warranty that require authorized providers
        2. Proprietary or custom systems that require specific technical training
        3. Equipment that may be damaged or voided through standard maintenance procedures
    3. Access Limitations
      1. If a service cannot be completed due to inaccessible areas, safety hazards, or lack of client-provided information, the visit may be skipped, forfeited, or rescheduled at our discretion.
    4. Weather & Seasonal Constraints
      1. Certain services, such as exterior maintenance or gutter cleaning, may be delayed or rescheduled due to weather or seasonal conditions. These services are not guaranteed to occur within a specific timeframe.
    5. Pre-Existing Conditions
      1. Fixsure is not responsible for identifying, repairing, or causing pre-existing damage, wear, or building code violations. Any discovered issues will be documented and communicated to the Client for further action or optional Add-On Services.
  8. Limitations of Liability
    1. Cap on Liability
      1. To the fullest extent permitted by law, Fixsure’s total liability for any claim arising out of or relating to these Terms or the services provided shall be limited to the total amount of subscription fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
    2. Exclusion of Certain Damages
      1. Fixsure shall not be liable for any:
        1. Indirect, incidental, special, consequential, or punitive damages
        2. Loss of use, data, business, or profits
        3. Damage caused by third-party contractors, acts of God, or pre-existing conditions
        4. Damage resulting from misuse, neglect, or failure to follow service recommendations
    3. No Warranty or Guarantee
      1. Except as expressly stated, Fixsure makes no warranties, express or implied, regarding service results or future home conditions. Preventative maintenance does not guarantee the prevention of system failures or damage.
    4. No Responsibility for Unauthorized Work
      1. Fixsure is not responsible for work performed by third parties not authorized by us or for any modifications made by others to systems or areas we service.
  9. Indemnification
    1. Client Indemnification
      1. The Client agrees to indemnify, defend, and hold harmless Fixsure, its owners, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
        1. The Client’s failure to provide accurate or complete property information
        2. The Client’s negligence, misconduct, or violation of these Terms
        3. Injuries or property damage resulting from unsafe conditions on the Client’s property
        4. Unauthorized use of Fixsure services or access credentials
    2. Provider Identification
      1. Fixsure agrees to indemnify and hold the Client harmless from direct losses arising solely from gross negligence or willful misconduct by Fixsure or its authorized technicians while on the Client’s property.
    3. Waiver of Certain Claims
      1. The Client expressly waives any right to claim against Fixsure for damage resulting from:
        1. Pre-existing defects or damage
        2. Undetected issues due to non-invasive inspections
        3. Deferred maintenance or failure to act on service recommendations
  10. Termination & Cancellation
    1. Client Cancellation
      1. The Client may cancel their subscription anytime by providing written notice at least fifteen (15) days before the next billing cycle. Cancellation will take effect at the end of the current billing period. No refunds will be issued for unused services or the remaining time in the billing cycle unless required by law.
    2. Early Termination Fees
      1. If your subscription includes a minimum term commitment, an early termination fee may apply as disclosed during your plan selection or onboarding process. This fee will be calculated based on the remaining balance or fixed penalty outlined in your plan terms.
    3. Provider Cancellation
      1. Fixsure reserves the right to terminate your subscription at any time, with or without cause, by providing at least thirty (30) days' notice. Immediate termination may occur if the Client:
        1. Violates these Terms
        2. Fails to make timely payments
        3. Engages in conduct that jeopardizes technician safety or service quality
    4. Effect of Termination
      1. Upon cancellation or termination:
        1. All scheduled services will be canceled
        2. Access to the customer portal may be revoked
        3. Outstanding fees become immediately due
        4. Fixsure shall have no further obligation to provide services beyond the termination date
  11. Data & Privacy
    1. nformation Collection
      1. Fixsure may collect and store data related to:
        1. Property details and conditions
        2. Service history, inspection results, and photos
        3. Client contact information and communication logs
        4. Usage patterns within the customer portal or mobile app
    2. Use of Data
    3. Collected data is used for:
      1. Scheduling, service delivery, and technician preparation
      2. Maintenance tracking and reporting
      3. Service quality improvement and risk analysis
      4. Communication with the Client
    4. Confidentiality
      1. All personal and property-related information provided by the Client is treated as confidential and will not be disclosed to third parties without consent, except:
        1. As required to perform services (e.g., subcontractors under confidentiality obligations)
        2. As required by law, regulation, or legal process
    5. Data Protection
      1. Fixsure uses reasonable administrative, technical, and physical safeguards, including secure data storage and access controls, to protect Client data from unauthorized access, disclosure, or loss.
    6. Client Rights
      1. Clients may submit written requests for access to, correction of, or deletion of their personal data. Fixsure will respond by applicable privacy laws.
  12. Dispute Resolution
    1. Good Faith Resolution
      1. In the event of any dispute, claim, or disagreement arising out of or relating to these Terms or the services provided, both parties agree to first attempt to resolve the matter in good faith through informal discussions.
    2. Mediation
      1. Suppose the dispute cannot be resolved informally within fifteen (15) days. In that case, the parties agree to submit the matter to non-binding mediation conducted by a mutually agreed-upon mediator in [County], Kansas. The costs of mediation will be shared equally.
    3. Binding Arbitration
      1. If mediation is unsuccessful, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) or a similar organization agreed upon by both parties. The arbitration will be conducted in [County], Kansas, and the arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
    4. Governing Law and Jurisdiction
      1. These Terms shall be governed by and interpreted by the laws of the State of Kansas, without regard to conflict of law principles. Subject to the above arbitration clause, any legal action shall be brought exclusively in the courts of [County], Kansas.
  13. Force majeure
    1. Excused Performance
      1. Fixsure shall not be held liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:
        1. Natural disasters (e.g., floods, tornadoes, earthquakes)
        2. Acts of God
        3. War, terrorism, civil unrest, or acts of public enemies
        4. Pandemics or epidemics
        5. Government orders or restrictions
        6. Utility outages or disruptions (e.g., electricity, internet)
        7. Labor shortages, strikes, or supply chain failures
    2. Client Notification
      1. In the event of a force majeure, Fixsure will notify the Client as soon as reasonably possible and will make commercially reasonable efforts to resume performance as soon as feasible.
    3. Termination for Extended Events
      1. If a Force Majeure event prevents service for more than thirty (30) consecutive days, either party may terminate the subscription without penalty by providing written notice to the other party.
  14. Amendments & Notice
    1. Amendments to Terms
      1. Fixsure reserves the right to update or modify these Terms at any time. Clients will be notified of any material changes at least thirty (30) days in advance via email or the customer portal. Continued use of the services after such notice constitutes acceptance of the updated Terms.
    2. Notice Delivery
      1. All notices, requests, or other communications under these Terms shall be provided in writing and deemed effective when:
        1. Delivered personally
        2. Sent by certified mail or recognized courier service
        3. Sent via email with confirmation of receipt
    3. Notice Contacts
      1. For Fixsure:
      2. Fixsure, LLC
      3. [Mailing Address]
      4. info@fixsurehome.com
      5. Attn: Client Services
      6. For Client:
        1. To the address and/or email provided at the time of subscription or as updated by the Client through the customer portal.
  15. General Provisions
    1. Assignment
      1. The Client may not assign or transfer their subscription or rights under these Terms without prior written consent from Fixsure. Fixsure may assign its rights and obligations under these Terms without notice in case of a merger, acquisition, or business transfer.
    2. Entire Agreement
      1. These Terms and any referenced documents (such as the Service Tier Matrix or Add-On Price List) constitute the entire agreement between the Client and Fixsure and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.
    3. Severability
      1. Suppose any provision of these Terms is found invalid or unenforceable under applicable law. In that case, such provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
    4. Waiver
      1. Either party's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
    5. Survival
      1. Sections related to payments, liability, indemnification, dispute resolution, and any other provisions that should survive termination shall survive the termination of the subscription.
  16. Appendices
    1. Appendix A
      1. Homeowner Acknowledgement & Authorization
    2. Appendix B
      1. Liability Waiver & Hold Harmless Agreement
    3. Appendix C
      1. Risk Disclosure Statement
    4. Appendix D
      1. Scope of Work & Service Tier Matrix