Terms & Conditions

1. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent that you meet this requirement. If you are under 18, you confirm that you have obtained consent from a parent or legal guardian.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and up-to-date information when registering.
• Notify us immediately at [email protected] if you suspect unauthorised access to your account.
• Not share your account with or transfer it to any other person.

3. Acceptable Use

You agree not to use the App to:

• Post or share content that is unlawful, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Impersonate another person or misrepresent your affiliation with any person or organisation.
• Upload or transmit viruses, malware, or any other harmful code.
• Attempt to gain unauthorised access to any part of the App or its infrastructure.
• Scrape, copy, or redistribute any content or data from the App without our prior written consent.
• Use the App for any commercial purpose without our express written authorisation.
• Violate any applicable local, state, national, or international law or regulation.

4. User Content

You retain ownership of content you create and upload to the App. By posting content, you confirm that:

• You own the content or have the necessary rights to share it.
• Your content does not infringe the intellectual property, privacy, or other rights of any third party.
• Your content complies with these Terms and all applicable laws.

We reserve the right to remove any content that violates these Terms or that we consider, in our sole discretion, to be harmful, offensive, or otherwise inappropriate.

5. Community and Social Features

The App includes community features such as a feed, friends list, and group chats. You are solely responsible for your interactions with other users. We do not monitor all user content in real time but reserve the right to do so. We are not liable for the conduct of any user. If you experience abusive or inappropriate behaviour, please report it to us at [email protected].

6. Subscriptions and Billing

Fixation offers optional paid subscriptions that unlock additional features. Subscriptions are billed through the Apple App Store or Google Play Store depending on your device.

• Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• You can manage or cancel your subscription at any time through your device's App Store or Play Store subscription settings.
• Refunds are handled exclusively by Apple or Google in accordance with their respective refund policies. We do not process refunds directly.
• We reserve the right to change subscription pricing at any time. Price changes will be communicated in advance and will not affect your current billing period.

7. Intellectual Property

All content, design, code, trademarks, logos, and other materials comprising the App are owned by or licensed to us and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, reverse engineer, or create derivative works from any part of the App without our prior written consent. Nothing in these Terms grants you any rights in the App other than the limited right to use it in accordance with these Terms.

8. Termination and Suspension

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct that is harmful to other users, us, or third parties. You may delete your account at any time from within the App. Upon termination, your right to use the App ceases immediately.

9. Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no warranties regarding the accuracy, reliability, or completeness of any content available through the App. Your use of the App is at your sole risk.

10. Limitation of Liability

To the maximum extent permitted by law, we and our officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the App, including but not limited to loss of data, loss of profits, or service interruptions, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or your use of the App shall not exceed the amount you paid to us in the 12 months prior to the claim.

11. Third-Party Services

The App integrates with third-party services including Apple App Store, Google Play, RevenueCat, and AWS. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fixation and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any content you submit, post, or transmit through the App.

13. Service Availability and Modifications

We reserve the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice. This includes adding, changing, or removing features, content, or subscription tiers. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App or any of its features.

14. Privacy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through the App or by email. Continued use of the App after updated Terms are posted constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the App.

16. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Victoria.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Fixation
[email protected]