End-User License Agreement
This End-User License Agreement ("EULA") governs your licence to install and use the Fixtock mobile and web application software. It applies together with the Fixtock Terms & Conditions and the Data & Privacy Policy. The App is licensed to you, not sold.
Download PDF1. Agreement and parties
In short: This is an agreement between you and Reedstem LLC about using the Fixtock software. Apple and Google are not parties to it.
This EULA is a legal agreement between you (an individual, and any business you act for) and Reedstem LLC, a Colorado limited liability company ("Reedstem LLC", "we", "us"), for the Fixtock software application, including any updates, upgrades, patches, supplements, documentation and related online services (the "App").
By downloading, installing, accessing or using the App, or by tapping "Accept", you agree to this EULA. If you do not agree, do not install or use the App, and uninstall it.
You acknowledge that this EULA is concluded between you and Reedstem LLC only, and not with Apple Inc. ("Apple"), Google LLC ("Google") or any other app marketplace (each an "App Store"). Reedstem LLC, not the App Store, is solely responsible for the App and its content.
Words with capital letters that are not defined here have the meaning given in the Terms & Conditions.
2. Licence grant
In short: You may install and use Fixtock on devices you own or control, for your business, while you follow our terms.
Subject to your continued compliance with this EULA and the Terms & Conditions, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to download, install and use the App in object-code form on devices that you own or control, solely to access and use the Fixtock Service for your internal business purposes, and, for App Store downloads, as permitted by the App Store's usage rules (including, for Apple, the Usage Rules in the Apple Media Services Terms and Conditions, under which the App may be used by other accounts associated with you through Family Sharing or volume purchasing only where enabled).
The scope of this licence is limited by your Company's plan, role and permissions. Access to certain features requires a paid subscription, as described in the Terms & Conditions.
3. Restrictions
In short: Don't copy, modify, reverse-engineer, resell or tamper with the App.
Except as expressly permitted by this EULA or by applicable law that cannot be excluded by agreement, you must not:
- copy, modify, adapt, translate or create derivative works of the App;
- decompile, disassemble, reverse-engineer, or otherwise try to derive the source code, algorithms, data models or structure of the App or Service;
- remove, alter or obscure any copyright, trademark or other proprietary notice;
- rent, lease, lend, sell, resell, redistribute, sublicense, transfer or make the App available to any third party, or use it to provide a service bureau, time-sharing or hosted service;
- circumvent, disable or interfere with any security, licensing, authentication, plan-limit, payment, permission or rate-limiting feature, or use a modified, cracked or unofficial version of the App;
- use the App on a device you do not own or control, or on a device you know to be compromised, rooted or jailbroken;
- use the App to build a competing product, or to benchmark it for publication without our written consent;
- use any automated system, bot or script to access the App, except APIs we expressly provide for that purpose; or
- use the App in breach of the Terms & Conditions, the Privacy Policy, an App Store's rules, or any law.
4. Ownership
In short: We own the App. You own your data, as described in the Terms.
The App is licensed, not sold. Reedstem LLC and its licensors keep all right, title and interest in and to the App and the Service, including all intellectual-property rights, and all copies of the App. This EULA does not grant you any rights to our trademarks, logos or service marks.
Your Data is governed by the Terms & Conditions and the Privacy Policy.
5. Updates, compatibility and support
In short: We may update the App automatically and stop supporting old versions. Support is provided by us, not by Apple or Google.
We may, but are not required to, provide updates, upgrades, bug fixes, patches or new versions ("Updates"). Updates may be installed automatically depending on your device settings, may change or remove features, and are covered by this EULA unless they come with separate terms. Some Updates may be required to keep using the App or Service.
We do not guarantee that the App will work on every device, operating system, screen size, browser or network, or with any other software. We may stop supporting older versions of the App, devices or operating systems at any time.
Reedstem LLC is solely responsible for providing any maintenance and support for the App, to the extent we choose to offer it or as required by law. You can contact us at support@fixtock.com. You acknowledge that the App Store has no obligation whatsoever to provide any maintenance or support services for the App.
6. Third-party software and services
In short: The App includes software and services from other companies, which have their own licences.
The App includes or relies on third-party and open-source software components, libraries, fonts, SDKs and online services (for example, for authentication, databases, notifications, AI features, analytics, crash reporting, payments and subscriptions). Those components are licensed under their own terms, which may be available in the App or on request; to the extent of any conflict, those licences govern the relevant component. Some features need you to have an account with, or accept the terms of, a third party (such as an App Store).
You must comply with applicable third-party terms of agreement when using the App, such as your wireless data service agreement and your App Store terms.
7. Device permissions and consents
In short: The App may ask to use features of your phone, such as notifications. You can manage these in your device settings.
The App may request access to device features such as the network, push notifications, camera (for example, to scan barcodes or take product photos), photos or files (to attach or export documents), contacts, location, or local storage. You can grant or refuse these permissions in your device settings. Refusing a permission may stop certain features from working. Data obtained through device permissions is handled as described in the Privacy Policy.
Using the App may use mobile data and incur charges from your network operator, for which you are responsible.
8. Warranty disclaimer
In short: The App is provided "as is". If an App Store purchase doesn't meet any warranty, the App Store may refund its price, and that's all it owes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND REEDSTEM LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR FREE OF HARMFUL COMPONENTS, THAT ITS CALCULATIONS OR OUTPUTS WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.
In the event of any failure of the App to conform to any applicable warranty that cannot be excluded by law, you may notify the App Store from which you obtained the App, and the App Store may refund the purchase price of the App (if any) to you. To the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Reedstem LLC's sole responsibility, subject to the disclaimers and limitations in this EULA and the Terms & Conditions.
9. Limitation of liability
In short: The liability limits in the Terms & Conditions also apply to the App software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THE FIXTOCK TERMS & CONDITIONS (INCLUDING THE EXCLUSION OF INDIRECT AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA AND BUSINESS, AND THE CAP ON TOTAL LIABILITY) APPLY TO THE APP AND THIS EULA AS IF SET OUT IN FULL HERE. IN NO EVENT WILL REEDSTEM LLC BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA ON YOUR DEVICE, OR LOSS CAUSED BY INSTALLING OR USING THE APP, OR BY ANY ERROR, BUG OR DEFECT IN IT.
10. Product claims and legal compliance
In short: Questions or claims about the App go to us, not to Apple or Google.
Reedstem LLC, not the App Store, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. This EULA does not limit our liability to you beyond what is permitted by applicable law.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Intellectual-property claims
In short: If someone claims the App infringes their rights, we handle it, not the App Store.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual-property rights, Reedstem LLC, not the App Store, will be solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by this EULA.
12. App Store as third-party beneficiary
In short: Apple and Google (and their subsidiaries) can enforce this EULA against you.
You and Reedstem LLC acknowledge and agree that the App Store from which you obtained the App, and its subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, the App Store will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
Where you obtained the App from Google Play, you also agree to the Google Play Terms of Service, and Google is not responsible for the App or for this EULA.
13. Term and termination
In short: This licence lasts until you or we end it. When it ends, you must stop using and delete the App.
This EULA remains in effect until terminated. Your rights under it end automatically, without notice, if you fail to comply with any of its terms or the Terms & Conditions, or if your account is closed, suspended or terminated. We may also terminate this EULA at any time under the Terms & Conditions. You may terminate it by deleting the App from all your devices and closing your account.
On termination, you must stop all use of the App and delete all copies of it. Sections 3, 4, 8, 9, 10, 11, 12, 13 and 14 survive termination.
14. Governing law and general
In short: Colorado law and the dispute rules in the Terms apply. If any part of this EULA can't be enforced, the rest still applies.
This EULA is governed by the laws of the State of Colorado, United States, and disputes are resolved as set out in Section 22 (Disputes) of the Terms & Conditions, including binding individual arbitration and the class-action waiver.
If any provision of this EULA is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver of it. You may not assign this EULA without our written consent; we may assign it freely. In case of conflict between this EULA and an App Store's standard licence terms on a matter specifically required by that App Store, the App Store's requirement controls for apps obtained from that App Store.
15. Contact
In short: For questions, complaints or claims about the App, contact us.
Reedstem LLC, Aurora, Colorado, United States. Mailing address: available on request by email.
Email: support@fixtock.com