Privacy Policy

Effective Date: January 1, 2025

Last Updated: May 23, 2025

Introduction and Acceptance

Welcome to Fyxed. We are a company based in Texas, USA, providing software and accounting services (the “Service”). This Privacy Policy (“Policy”) describes how Fyxed Co (“Fyxed”, “we”, “us”, or “our”) collects, uses, shares, and protects personal information and other data when you use our Service. It also includes important terms, user acknowledgments, and legal provisions governing your use of the Service. By accessing or using the Service, you acknowledge that you have read and understood this Policy and agree to be bound by it. If you do not agree with any part of this Policy, you should not use the Service. Continued use of the Service following notice of changes (as described below in Changes to This Policy) signifies your acceptance of those changes.

This Policy applies to all users of our Service and all related websites, applications, products, and services offered by Fyxed. It does not cover any third-party websites or services that are not controlled by Fyxed, even if linked to from our Service. We encourage you to review the privacy policies of any third-party services you interact with.

Notice: Certain provisions of this Agreement appear in bold or ALL CAPS for emphasis and to ensure they are conspicuous under Texas law (e.g. warranty disclaimers, liability limitations, and arbitration terms).

Information We Collect

We collect various types of information from and about users of our Service in order to operate effectively, improve our offerings, and provide you with a personalized and safe experience. This includes personal information (information that identifies, relates to, or could reasonably be linked with you or your household) and derived data (information we create or infer from your usage, such as AI-generated outputs or usage analytics). The types of information we may collect include:

Information You Provide Directly

Account and Contact Information: If you create an account or contact us, we collect information such as your name, email address, telephone number, postal address, login credentials, and any other information you choose to provide. This includes information you provide when registering, filling in forms, contacting customer support, or subscribing to communications.
User Content and Inputs: We collect the content that you submit, upload, or transmit through the Service. This includes any text, prompts, queries, or files you input into our AI systems, as well as any feedback or communications you send us. Please note: If you choose to provide content that contains personal information (including sensitive personal data as defined by applicable law), you consent to our processing of that information for the purposes described in this Policy. You should avoid submitting personal or sensitive data in prompts unless necessary, but to the extent you do, you acknowledge that we may use it as described here.
AI Outputs and Derived Data: When you use our Service to generate or receive AI-produced content (for example, AI-generated text or analysis in response to your prompts), we may collect and store those outputs. We treat these outputs, which may indirectly reflect your personal information or usage preferences, as part of your content and usage data. We may link such outputs with your account or other information we have collected about you for the purposes described in this Policy (such as improving our models or services).

Information We Collect Automatically

Usage and Metadata: We automatically collect certain technical information about your use of the Service. This may include your IP address, device identifiers, browser type, operating system, referring URLs, pages or features accessed, dates and times of access, and other usage statistics. We may also log information about your interactions with the Service (such as clicks, scrolls, keystrokes, and the duration of your activities). This data helps us understand how users engage with our Service and enables us to enhance user experience and functionality.
Cookies and Similar Technologies: We and our authorized partners use cookies, web beacons, pixels, and other tracking technologies to collect information about your browsing activities over time and across different sites or services. Cookies are small text files stored on your device that allow us to remember your preferences, recognize you on return visits, and personalize your experience. They also help with security, performance, and analytics. You have choices to manage or disable cookies as described in Cookies and Tracking Technologies below.
Device Information: We may collect information about the device you use to access the Service, such as hardware model, network information, unique device identifiers, regional and language settings, and location information (such as generalized location derived from IP address). We do not collect precise geolocation (e.g., GPS-level data) without your explicit permission.

Information from Third Parties

Third-Party Services and Integrations: We may receive information about you from third parties, such as when you use a third-party login (e.g., signing in via Google, Apple, or other identity providers) or when you interact with our Service through social media or other partners. For example, if you use a social media feature through our Service, the third-party platform may share certain information with us such as your profile information or content you make available.
Service Providers and Partners: We may obtain information from vendors, contractors, and partners who help us to supplement or verify the information we have (for instance, fraud prevention services or analytics providers). We treat the information from these third parties in accordance with this Policy and any additional restrictions imposed by the source of the data.
Public and Other Sources: Where permitted by law, we might collect information that is publicly available (for example, information you have made public on forums or social networks) or obtain demographic or marketing information from third-party data providers. We may combine this with other information we have collected about you to better understand our users and improve our Service.

How We Use Your Information

Fyxed uses the information we collect for the following purposes, to the maximum extent permitted by law. We strive to align our data practices with any consent requirements and privacy regulations, while maintaining broad rights to utilize data to improve our offerings. Our uses include:

Providing and Improving the Service: We use your information to operate, maintain, and provide you with all features of the Service. This includes using data to process your requests, generate AI outputs in response to your inputs, personalize content, and otherwise make the Service functional and useful. We also use information to monitor the performance of our Service, fix bugs, and improve reliability.
Intra-Group Processing: Fyxed and its parent, Syndi Co, as well as any other entities under common ownership or control (collectively, our “Affiliates”), may each carry out or assist with any of the processing activities described in this Privacy Policy. Accordingly, whenever this section says “we use” or “we process,” it should be read to include processing by our Affiliates for the same purposes and in accordance with this Policy.

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Training AI Models and Developing New Features: Your data (including personal information, content inputs, outputs, metadata, and behavioral usage data) may be used to develop, train, and refine our artificial intelligence models and algorithms. This helps us to improve the accuracy, capabilities, and safety of our AI systems, and to create new products or features. For example, we might use transcripts of user interactions to teach our models to better understand natural language or user needs. We will not use sensitive personal data for AI training in jurisdictions where applicable law requires explicit consent, unless we have obtained such consent. In all cases, we apply protective measures to such data and use it in accordance with this Policy.
Service Enhancement and Personalization: We analyze usage patterns and user feedback to understand what features or content are most useful to our users. This analysis helps us enhance existing features, develop new functionality, and tailor the user experience. For instance, we may use your past interactions or profile information to provide recommendations, content customization, or improved response quality from the AI. Your data (including personal information, content inputs, outputs, metadata, and behavioral usage data) may be used to develop, train, and refine our artificial intelligence models and algorithms. This helps us to improve the accuracy, capabilities, and safety of our AI systems, and to create new products or features. For example, we might use transcripts of user interactions to teach our models to better understand natural language or user needs. We will not use sensitive personal data for AI training in jurisdictions where applicable law requires explicit consent, unless you have agreed to this Policy. In all cases, we apply protective measures to such data and use it in accordance with this Policy.
Communication and Customer Support: We may use contact information (like your email or phone number) to send you account-related messages such as verification codes, password reset links, service updates, and security alerts. We also send responses when you contact us with a question or request. Additionally, with your permission where required, we may send you marketing communications about new features, newsletters, or events. You can opt out of marketing emails at any time by using the unsubscribe link or contacting us.
Research and Analytics: We may use information (typically in aggregated, anonymized, or pseudonymized form) to conduct research, analytics, and studies to better understand our user base and the performance of our business. This includes measuring the effectiveness of our algorithms, evaluating user demographics and trends, and gauging the impact of changes to our Service. Results of this research may be used internally to drive product decisions or may be shared externally in a manner that does not reveal personal identities.
Security and Fraud Prevention: We use data to maintain the security of our Service and users. Information may be used to authenticate users, to detect and prevent fraud, spam, abuse, or malicious activities, and to investigate suspicious or illegal activities. If you engage in prohibited activities as described in our terms or policies, we may use your information to take appropriate actions, which could include warnings, suspending or terminating accounts, or reporting to law enforcement.
Legal Compliance: We may process your personal information as needed to comply with applicable laws, regulations, legal processes, or enforceable governmental requests. This includes using data to fulfill reporting obligations, to respond to subpoenas or court orders, or to establish or exercise our legal rights or defend against legal claims.
Enforcement of Terms and Policies: We use information to enforce our own agreements, including our Terms of Service and this Policy. For example, we may use certain identifiers or logs to ensure that users are abiding by usage limits or not misusing the Service. We also use data to inform our decisions in managing content (e.g., filtering out content that violates our acceptable use policies).
Business Transfers and Operations: We may use your information in connection with evaluations or decisions regarding a merger, acquisition, restructuring, or sale of some or all of our assets, or in the event of bankruptcy or receivership. In such cases, information may be used and transferred to the parties involved for the purpose of deciding and executing any such transaction (consistent with Sharing of Information below).
With Your Consent or as Otherwise Permitted: We may use your personal information for any other purpose that you specifically authorize or direct us to, or as otherwise permitted by law. Where we intend to process personal information for a purpose that is materially different from those listed above, and that was not apparent to you at the time of collection, we will obtain your consent as required by law.

We retain the right to engage in any of the above processing activities to the fullest extent allowed under applicable law. By using our Service, you acknowledge that we will process your information for these purposes. If any use of your data requires separate consent, we will endeavor to obtain such consent. In general, however, we rely on your provision of data and use of the Service as indicative of your agreement for us to use your information as described.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to automatically collect the usage data described above and to enhance your experience. Cookies help us remember your settings and preferences, enable certain features, and analyze how you use our Service. For example, we may use cookies or pixels to gather analytics about usage patterns or to facilitate single sign-on across devices. We may also partner with third-party analytics and advertising providers that set cookies or use other tracking tech to assist us (for example, Google Analytics for aggregation of usage statistics).

You have choices in managing cookies. Most web browsers allow you to refuse new cookies, delete existing cookies, or alert you when cookies are being sent. However, please note that if you disable or delete cookies, some features of our Service may not function properly. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our Service. For further information on managing cookies and opting out of certain tracking, you can refer to your browser’s help documentation or visit industry websites such as the Network Advertising Initiative’s or Digital Advertising Alliance’s opt-out pages. We do not currently respond to “Do Not Track” signals, in line with common industry practice, as there is no consistent standard for compliance.

Sharing of Information

Fyxed understands the importance of handling your personal data carefully. We share personal information with third parties only in the ways described in this Policy and, where applicable, under agreements that protect your information. By using our Service, you agree that we may share your information as needed to run our business and provide the Service, in our sole discretion and as outlined below:

Service Providers and Contractors: We may disclose personal information to third-party service providers, vendors, and contractors who perform functions on our behalf and under our instructions. This includes, for example, cloud hosting providers, data storage services, analytics providers, customer support tools, payment processors (if applicable), and AI development or model training partners who assist us in improving our services. These third parties are contractually bound to handle personal information only for the purposes we specify and to maintain the confidentiality and security of your data. We require that they do not use your information for their own purposes unrelated to the contracted services.
Integration Partners and Third-Party Features: If our Service integrates with or allows you to interface with third-party platforms, tools, or services (for example, if we incorporate an AI service from another provider or enable a feature like sharing content to a social network), we may share certain data with those partners as needed for the integration to function. Such data sharing will be limited to what is necessary to provide or improve the integrated features. For instance, if we utilize a third-party AI model or API within our Service, we might send your query and relevant context to that third party to generate a response. We will ensure any such partners are subject to privacy obligations regarding the data we share.
Affiliates: We may share information with our parent company, subsidiaries, and other affiliated entities under common ownership or control of Fyxed. Any affiliates who receive your information will only use it consistent with this Policy (for example, an affiliate that helps provide or improve our Service).
Business Transfers: In the event that Fyxed is involved in a potential or actual merger, acquisition, sale of assets, financing, bankruptcy, or reorganization, personal information may be disclosed to advisors, counterparties, and other participants in contemplation or as part of such transaction. We will seek to ensure any recipients of personal data in these contexts are bound to confidentiality until the data is transferred and becomes subject to the successor entity’s privacy policies. If a transfer of ownership occurs, the successor may continue to use your information as set forth in this Policy (unless you are notified of changes).
Legal Compliance and Protection: We may disclose your information when we believe in good faith that such disclosure is necessary to comply with a legal obligation or request, such as a law, regulation, search warrant, subpoena, or court order. We also reserve the right to share information as necessary to enforce our Terms of Service or other agreements, detect or investigate illegal activity or violations of our policies, and to protect the rights, property, and safety of Fyxed, our employees, users, or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: We may share your personal information with third parties for purposes not already listed in this Policy if you direct us to do so or explicitly consent to such sharing. In those cases, we will make clear the reason and with whom the information will be shared, and we will respect your decision.

No Sale of Personal Data Without Rights and Protections: We do not sell your personal information to third parties for monetary compensation or share your personal information with third parties for their own independent marketing or advertising purposes, unless such sharing is done in a manner that is compliant with applicable law and subject to your rights. In particular, we treat the disclosures of personal data to our service providers and partners as described above as business operations purposes, not sales. If we ever decide to sell or share personal information in a way that falls under certain laws’ definitions of “sale” or “share” (such as for targeted advertising), we will comply with applicable requirements, such as obtaining your opt-in consent or providing you with the right to opt out (see Your Rights and Choices below). We will also provide any required notices (for example, if sensitive personal data were to be sold, Texas law requires a specific notice). At present, any sharing of sensitive personal data (e.g., data about health, precise location, or other special categories) will only be done with your consent or as permitted by law.

Finally, we may share aggregated or de-identified information (information that cannot reasonably be used to identify you) with any third parties at our discretion. Such information is not considered personal and may be used for industry analysis, research, marketing, or other business purposes.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, as outlined in this Policy, and for other legitimate business purposes, including to satisfy legal, accounting, or reporting requirements. In practice, this means we may keep different types of information for different periods, depending on the nature of the data and the purposes of processing. For example:

Operational Retention: We will keep your account information and content for as long as your account is active or as needed to provide you with the Service. If you delete your account or it becomes inactive, we may retain your information for a reasonable period to facilitate reactivation or in case you have queries.
AI Model Training Data: Content and interactions that you provide may be retained for an extended period in order to train and improve our AI models and algorithms. This training data (which may include your prompts, outputs, and related usage data) could be stored even after you delete specific content from your account or deactivate your account. We retain such data to refine our systems over time. Where feasible, and after it is no longer directly needed for providing the Service to you, we may separate or anonymize training data so that it is not readily associated with your account. However, we reserve the right to retain raw data for training purposes to the extent permitted by law.
Legal and Compliance Retention: We may retain information as needed to comply with our legal obligations or for the establishment, exercise, or defense of legal claims. For instance, if you make a request under a privacy law, we will maintain records of that request. Similarly, information relevant to an investigation of fraud or misuse may be kept until the issue is resolved and for a period thereafter as required or permitted by law.
Backup and Archival Copies: Even if you delete information or request erasure, we may retain certain copies in our backup systems or archives for a limited period or as required by law. We use such backups to ensure the integrity and availability of our systems, and we protect them with security measures. We will not restore personal data from backups to production systems except in legitimate recovery scenarios, and if we do, we will honor any outstanding deletion requests thereafter.

In all cases, when personal information is no longer necessary for the purposes for which it was collected, or any longer retention is no longer permitted by law, we will either irreversibly anonymize it or securely destroy it. Where we continue to retain data, we maintain it subject to appropriate safeguards to prevent unauthorized use.

Data Security

We take the security of your information seriously and implement reasonable and appropriate technical, administrative, and physical safeguards to protect it from unauthorized access, disclosure, alteration, and destruction. These measures include encryption of data in transit (e.g., using TLS protocols), encryption of sensitive data at rest, access controls limiting who in our organization can access information, and regular monitoring of our systems for vulnerabilities or incidents. We also require our service providers to implement security measures consistent with applicable laws and industry standards.

However, no security measure or method of data transmission over the Internet is 100% secure. We cannot guarantee absolute security of your data. You acknowledge that you provide your personal information at your own risk. In the event of a data breach or security incident, we will notify affected users and authorities as required by law and work to mitigate any potential harm. It is also important for you to protect against unauthorized access to your account and information by choosing strong passwords, not reusing credentials, and safeguarding your own devices. Fyxed will not be responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.

Your Rights and Choices

We respect your rights to know about and control your personal information. Depending on your location and the laws that apply to you, you may have certain rights regarding your personal information. This section describes the choices and rights that users have, and how to exercise them. All users, regardless of jurisdiction, may contact us with any questions or requests regarding their information, and we will consider them in good faith.

General Choices for All Users

Accessing and Updating Information: You may access, correct, or update certain account information by logging into your account settings (if such feature is provided) or by contacting us directly. It is your responsibility to ensure that your account details are up-to-date. We encourage you to promptly update your information if it changes or is inaccurate.
Content Management: You can choose what content to provide to the Service. If at any time you wish to remove certain content you have provided, you may delete it via the Service interface (if available) or request deletion by contacting us. Keep in mind that deleting content from your view does not guarantee complete removal from our systems (e.g., content may persist in backups or if it was used for model training as described above). We handle deletion requests as described under Data Retention.
Opt-Out of Marketing Communications: If you receive promotional emails from us, you can opt out at any time by clicking the “unsubscribe” link in those emails or by contacting us at our support or privacy contact (see Contact Information below). Please note that you cannot opt out of service-related communications, such as transaction confirmations, security notices, and account notices, as these are not promotional.
Cookie Controls: As noted in Cookies and Tracking Technologies, you can set your browser to refuse cookies or to alert you when cookies are being used. You can also use industry opt-out tools for certain advertising cookies. Adjusting these settings is typically effective only on the device or browser where you do so, so you may need to manage preferences on each device or browser you use. Also note that some parts of our Service might not work properly if cookies are disabled.

Privacy Rights Under U.S. State Laws

If you are a resident of certain U.S. states, including (but not limited to) California, Colorado, Connecticut, Utah, Virginia, or Texas, you may have specific privacy rights under state law. Fyxed is committed to complying with applicable state privacy laws, such as the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Texas Data Privacy and Security Act (TDPSA), among others. These laws may provide (subject to certain limitations and exemptions) the following rights:

Right to Know/Access: You may have the right to request that we disclose what personal information we have collected, used, disclosed, or sold about you. This can include the categories of personal information collected, the categories of sources, the business or commercial purposes for collection, the categories of third parties to whom information was disclosed, and the specific pieces of personal information we hold about you.
Right to Delete: You may have the right to request deletion of personal information that we have collected from you. Upon verified request, we will delete your personal information from our records, and direct our service providers to do the same, unless retaining the information is necessary for us or our service providers to complete a transaction you requested, detect security incidents, comply with legal obligations, exercise or defend legal claims, or other permissible purposes under applicable law.
Right to Correct: You may have the right to request correction of inaccurate personal information we maintain about you. We will take into account the nature of the personal information and the purposes of processing when addressing such requests.
Right to Opt Out of Sale or Sharing: You have the right to opt out of the “sale” of your personal information or the “sharing” of your personal information for cross-context behavioral advertising (as those terms are defined by applicable law). As noted above, Fyxed does not sell personal information in the traditional sense without consent. We also do not share personal information for targeted advertising except as allowed by law or with your consent. If you believe we are engaging in activity that falls under these definitions, you have the right to direct us to stop. You may exercise this right by contacting us as described below, or by using available opt-out mechanisms on our website (e.g., a “Do Not Sell or Share My Personal Information” link, if provided).
Right to Limit Use of Sensitive Personal Information: If you are a California resident or a resident of a state with similar provisions, you may have the right to limit our use or disclosure of sensitive personal information (such as social security number, precise geolocation, racial or ethnic origin, health information, etc.) to certain purposes allowed by law. Fyxed does not use or disclose sensitive personal information for purposes beyond those permitted (such as providing the Service or performing security and fraud detection) without your consent. If we ever request to use your sensitive information for additional purposes, you have the right to opt in or opt out depending on the jurisdiction. In Texas and other states that require consent for processing sensitive personal data, we will obtain your consent before such data is used for any purpose not exempted by law.
Right of Non-Discrimination / No Retaliation: We will not discriminate against you or deny you any goods or services because you exercise your privacy rights. For example, we will not provide a different level of service or quality of experience as a punishment for opting out of the sale of your data (though some features may naturally require certain data to function).
Right to Data Portability: To the extent required by law, if you request access to your personal information, we will provide it in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another entity.
Right to Appeal: For states that require it (such as Colorado, Connecticut, and Virginia), if we decline to take action on a request you make in the exercise of one of the above rights, you may have the right to appeal our decision. We will inform you of how to appeal in our response to you, or you can contact us to inquire about an appeal. Generally, an appeal request should be submitted within a reasonable time after our decision, and we will respond within the timeframe required by law. If your appeal is denied, some states allow you to contact your Attorney General to lodge a complaint.

Exercising Your Rights: To exercise any applicable rights, please contact us using the information provided in Contact Information below. We may need to verify your identity before processing certain requests (for example, by asking you to provide information associated with your account or requesting you use a logged-in session or a provided verification code). Verification is a security measure to ensure that we do not disclose or delete information to the wrong person. The verification steps may vary depending on the sensitivity of the information and whether you have an account with us. If you have an authorized agent (such as an attorney or someone with power of attorney) you wish to submit a request on your behalf, we will take steps to verify the agent’s authority and may still ask you to confirm the request directly, as required by law.

We aim to respond to privacy requests within the timeframes established by applicable law (for example, within 45 days for CCPA/CPRA requests, with the possibility of a 45-day extension under certain circumstances). These rights are subject to various exclusions and exceptions under state laws; in some cases, we may decline all or part of a request if an exemption applies. For instance, we might refuse a deletion request if we need to keep certain data for fraud prevention, safety, or legal compliance. If we refuse a request (or any part of it), we will explain the basis for that refusal.

Other Jurisdictions

At this time, our Service and this Policy are primarily intended to address requirements of U.S. law. If you are using our Service from outside the U.S., please be aware that your information may be transferred to and processed in the United States or other jurisdictions where we or our service providers operate. We will handle your information in accordance with this Policy and applicable U.S. law, and we may adopt additional measures to comply with other countries’ privacy requirements as our services expand. We reserve the right to adapt or supplement this Policy to comply with privacy laws that may be introduced or amended in the future.

User Acknowledgments and Disclaimers (AI Outputs and Usage)

AI Outputs and Accuracy: You understand and acknowledge that Fyxed’s Service includes generative AI components, and any content or outputs generated by our AI (collectively, “AI Outputs”) are automatically produced based on patterns in training data. We do not guarantee that any AI Output is factually correct, accurate, complete, or reliable. The AI may occasionally produce incorrect, misleading, biased, or offensive content. You agree that you will use your own judgment and caution when reviewing and using AI Outputs. Fyxed is not responsible for any decisions you make or actions you take based on information or results obtained through the Service. This Service is not a substitute for professional advice (for example, legal, medical, financial, or other professional guidance). Always seek the advice of a qualified professional for such questions. You acknowledge that any reliance on AI Outputs is at your own risk.

No Professional or Expert Advice: Unless expressly indicated, no information or output provided by the Service is intended to constitute professional advice or an official recommendation by Fyxed. The Service may provide answers, analyses, or information on various topics, but these are generated by an AI and have not been verified by a human expert for accuracy or completeness. You are solely responsible for evaluating the fitness of the AI Outputs for your particular situation and for any use you make of them.

User Responsibility for Content: You are responsible for all content you submit to the Service and for ensuring that your use of the Service and any AI Outputs complies with all applicable laws and regulations. This includes not using the Service to generate or disseminate content that is unlawful, infringing, or harmful. You agree not to use AI Outputs in any manner that could cause harm to a person or property, or that violates the rights of any third party. Fyxed does not supervise or monitor all content entered by users, and we are not liable for any user-provided content or AI-generated content that you may encounter. We reserve the right (but do not assume the obligation) to review and remove any user content that we believe violates our terms or applicable law.

Third-Party Materials: The Service might allow you to input data from or about third parties, or it might produce outputs that reference third-party information (for example, public figures, writings, or data found on the internet). Fyxed does not warrant or represent that any third-party information presented is used with permission or is free from errors. You should not share personal information of others without proper authority. If you choose to share AI Outputs or any content from the Service with third parties, you are responsible for such sharing and for any consequences thereof.

In summary, use of the Service is at your own risk. You agree that Fyxed will not be responsible for any content (user-provided or AI-generated) that you consider offensive, inaccurate, defamatory, illegal, or otherwise objectionable. We do not guarantee any specific results from the use of the Service.

Disclaimer of Warranties

Fyxed provides the Service on an “AS IS” and “AS AVAILABLE” basis, without any warranties or guarantees of any kind. To the fullest extent permitted under applicable law, Fyxed and its affiliates, licensors, and service providers expressly disclaim all warranties, whether express, implied, or statutory, in relation to the Service and any content or data therein. This includes, without limitation, disclaimed warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will meet your requirements or expectations, that the Service will achieve any intended results, or that the Service will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any information or content obtained through the Service (including AI Outputs), or that any defects in the Service will be corrected.

Fyxed does not guarantee that the Service will be free of viruses or other harmful components, and you assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Service, including any damage resulting from malware. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in this Policy.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that such laws apply to you, some of the above exclusions may not apply. In such cases, our warranties are limited to the minimum scope and period permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, Fyxed and its affiliates, and their respective officers, directors, employees, agents, and partners, shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever, including but not limited to damages for lost profits or revenues, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or related to your access to or use of (or inability to use) the Service, any content on the Service (including AI Outputs), or this Policy, even if advised of the possibility of such damages. This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails of its essential purpose.

In addition to the above, and to the fullest extent allowed by law, the total cumulative liability of Fyxed and its affiliates for all claims arising out of or relating to the use of or inability to use the Service or otherwise under this Policy, shall not exceed the greater of: (a) the amount (if any) you have paid to Fyxed for the Service in the twelve (12) months preceding the claim; or (b) $100 USD. If applicable law does not allow the limitation of liability as stated above, or any portion of it, then the above limitation will apply to you to the fullest extent permitted by law.

This allocation of risk is an essential element of the basis of the bargain between Fyxed and you. The limitations of liability provided in this Policy shall apply even if any limited remedy fails its essential purpose.

Please note that some jurisdictions do not allow the exclusion or limitation of certain damages. If such laws apply to you, some of the above exclusions or limitations may not apply to you, and in that case, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Fyxed, its parent, affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service or any AI Outputs, including any use that violates this Policy or any applicable law; (ii) your content and inputs, including our use or processing of such content as permitted under this Policy (for example, if you provide content that infringes someone’s rights or violates law, and this results in a claim against us); (iii) your breach of this Policy or other applicable terms or agreements with Fyxed; or (iv) your violation of any third-party right, including any intellectual property, confidentiality, privacy, or proprietary right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you agree to cooperate with our defense of such claim and you shall not settle any such matter without the prior written consent of Fyxed. Your indemnification obligation will survive any termination of your relationship with Fyxed or your use of the Service.

Governing Law and Dispute Resolution

Governing Law

This Policy, and any dispute, claim, or controversy arising from or relating to this Policy or the use of the Service, shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles. We specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) to this Policy. If you reside or are using the Service outside of Texas or the United States, you agree that all disputes will still be subject to the jurisdiction and laws as stated in this section. However, we will abide by any mandatory consumer protection laws in the jurisdiction in which you reside to the extent those laws are deemed applicable to your use of the Service.

Arbitration Agreement

You and Fyxed agree that any dispute, claim, or controversy arising out of or relating to the Service or this Policy (including the breach, termination, enforcement, interpretation, or validity thereof), shall be resolved solely through final and binding arbitration, rather than in court, except for matters that may be brought in small claims court or claims for injunctive relief as noted below. This arbitration provision is intended to be broadly interpreted and to make all disputes covered by it subject to individual arbitration.

Arbitration Procedure: The arbitration will be administered by a neutral arbitrator agreed upon by the parties (or, if no agreement, by the American Arbitration Association, “AAA”) and conducted under the AAA Consumer Arbitration Rules (or other applicable rules as mutually agreed) in effect at the time the arbitration is initiated. The arbitration may be conducted in person in the State of Texas, Harris Count, or, at your election, remotely via telephone, video, or other electronic means, or a combination thereof, as permitted by the arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable.
Individual Basis Only: All arbitrations shall be conducted on an individual basis only, and not on a class, collective, consolidated, or representative basis. You and Fyxed each waive any right to a jury trial and agree that no arbitration or claim under this Policy shall be joined with any other arbitration or claim involving any other current or former user. The arbitrator may award relief only to the individual party seeking relief and only to the extent warranted by that party’s individual claim. The arbitrator may not consolidate or join more than one person’s or one entity’s claims and may not otherwise preside over any form of a consolidated, representative, collective, or class proceeding.
Exceptions – Small Claims and Injunctive Relief: Notwithstanding the foregoing arbitration agreement, either party may choose to pursue a claim in a small claims court of appropriate jurisdiction for disputes or claims within the scope of that court’s jurisdiction, if the claim qualifies to be filed in such court. In addition, either party retains the right to seek an injunction or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Arbitration Decision and Confidentiality: The arbitrator’s award shall be in writing and provide reasons if required by law. The award shall be final and binding and judgment on the award may be entered in any court of competent jurisdiction. Any arbitration proceedings, discussions, and decisions will be kept confidential by the parties to the extent permitted by law.
Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse your arbitration filing fee if your claim is for $10,000 or less, unless the arbitrator finds your claim frivolous or brought for an improper purpose under the standards of the Federal Rule of Civil Procedure 11(b). Each party is responsible for their own attorneys’ fees and costs, unless applicable law provides otherwise. However, if a party prevails on a claim that affords the prevailing party attorneys’ fees (such as under a specific statute), the arbitrator may award reasonable fees to the prevailing party, under the legal standards for fee shifting provided by law.

By agreeing to arbitration, you are giving up your right to sue in court and have your case heard by a judge or jury (except for the exceptions stated). You are also giving up your right to participate in a class action or other class proceeding. This arbitration agreement will survive termination of your use of the Service and/or this Policy.

If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from this Policy; (2) severance of the unenforceable provision shall have no impact on the remainder of the arbitration agreement or the parties’ obligation to arbitrate disputes on an individual basis; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims shall be litigated in the state or federal courts located in the State of Texas, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Venue for Litigation

For any disputes or claims that are not subject to arbitration (for example, if the arbitration agreement is found not to apply in a particular case or a claim falls under one of the exceptions above requiring court action), you and Fyxed agree that any such lawsuits shall be brought exclusively in the state or federal courts located in the State of Texas, Harris County. You and Fyxed expressly consent to the jurisdiction of and venue in those courts. However, we both agree that we will first attempt to resolve any dispute informally and in good faith prior to resorting to litigation or arbitration.

Changes to This Policy

We reserve the right to modify or update this Privacy Policy at any time, in our sole discretion. If we make material changes to this Policy, we will notify you by posting the updated Policy on our website or through the Service, and by updating the “Last Updated” date at the top of this Policy. In some cases, and if required by law, we may also notify you via additional means (for example, by sending an email to the address associated with your account or by providing an in-service notification). It is your responsibility to review the Privacy Policy periodically for updates.

Your continued use of the Service after any changes to this Policy constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you must stop using the Service. We may (at our discretion) also ask you to affirmatively accept the revised Policy, in which case the changes will be effective upon your acceptance. In any event, no change or update will apply retroactively to impose material new uses or disclosures of your personal information without providing you an opportunity to consent (when required by law).

Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Fyxed Privacy Compliance

Email: compliance@apmhelp.com

Mailing Address: Fyxed, Attn: Privacy Compliance

PO Box 582

Houston, TX 77001

You may also contact us at the above address or email to exercise your rights as described in Your Rights and Choices, or for any questions regarding this Policy or our Service. We will respond to your inquiries in accordance with applicable law.

Thank you for reading our Privacy Policy. Your trust is important to us, and we are committed to protecting your privacy while providing a valuable Service. By using Fyxed’s Service, you acknowledge and agree to this Policy in its entirety.