Last updated: October 24 , 2018
Fixie provides services to software developers that require a static outbound IP range for cloud- deployed applications. As of the date of this Agreement, Fixie Technologies offers two products: Fixie, an HTTP proxy through which developers can route requests to HTTP and HTTPS endpoints; and Fixie Socks, a SOCKS5 proxy for establishing database connections and other low- level TCP connections.
1. Acceptance of terms. By using the Platform, you agree to the terms of this Agreement and to any additional rules and guidelines that we post in the Platform. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement in the Platform. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. You can determine when we last changed this Agreement by referring to the “ Last updated ” legend above. Your use of the Platform following changes to this Agreement will constitute your acceptance of those changes. This version of the Agreement supersedes all earlier versions and comprises the entire agreement between you and us regarding the Platform. We may, at any time, modify or discontinue all or part of the App; refuse to provide any user with access to the App; charge, modify, or waive fees required to use the App; or offer opportunities to some or all Platform users. If you do not agree to any provision of this Agreement, you should not use the Platform.
ELECTRONIC COMMUNICATIONS. When you use Fixie services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fixie services such as our message center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Your Account. You may need your own Fixie account to use certain Fixie services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fixie
does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Fixie services only with consent and oversight of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. Fixie reserves the right to refuse service, terminate accounts, terminate your rights to use Fixie services, remove or edit content, or cancel orders in its sole discretion.
3. Release. You acknowledge and agree that we are not responsible for and make no representations or warranties regarding the Platform or your use of the Platform. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Platform.
If such any dispute is adjudicated under laws which may limit a general release of this nature, or you are able to claim the protection of these laws in any way, you agree to waive these protections under these laws, to such an extent such a waiver is legally possible, or you agree that the foregoing limitation shall be amended to the maximum extent legally permissible to affect the intent of this section, which is to limit our liability arising from your usage of our Platform and Services.
4. Jurisdiction. The Platform is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws. The Platform may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Platform, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Platform ’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. 5. Compliance with laws and regulations. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform, including without limitation your submission of Your Information (as defined in Section 9.1). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. 6. Joining.
6.1 Eligibility. Our Platform is available to all individuals who are at least 18 years of age. Our Platform is not available to any temporarily or indefinitely suspended Platform Users. By registering to use the Platform, you represent and warrant that you are at least 18 years of age and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. You may not authorize third parties to use your Fixie account. You may not assign or otherwise transfer your Fixie account to any other person or entity.
6.2 Password and security. When you complete our registration process you will create a password that will enable you to access the Platform. We may reject, or require that you change, any user name, password, or other information that you provide to us during the registration process. You agree to maintain the confidentiality of your password, and are fully responsible for
all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.2.
7. Rules of conduct. Users of the Platform shall respect the rights and dignity of others. Your use of the Platform is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Platform pursuant to Section 20 below. You agree that you will not: - Use the Platform for any fraudulent or unlawful purpose; - Use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the App; - Use our Services or Platform with the intent of modifying, verifying, or compiling records of any kind, or the assessment of taxes by any taxation authority, its employees, or agent; - Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App; or express or imply that we endorse any statement you make; - Post any information that is obscene or contain, pornography, child pornography, or photographs of unclothed person(s); - Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks; - Advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations; - Post unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); - Transmit or otherwise make available in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, cancelbots, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; - Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Platform (including without limitation by hacking or defacing any portion of the App); - Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App; - Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; - Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; - Remove any copyright, trademark, or other proprietary rights notice from the Platform or materials originating from the App;
Also, your posting of other inappropriate actions, Your Information or other materials may also warrant removal and/or suspension from the Platform. We reserve the right to remove any post or other material without warning or further notice.
While we prohibit conduct and content that violates this Agreement, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk.
For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, we shall have the right to remove any Your Information or other material that violates this Agreement or is otherwise objectionable.
We may choose to waive the restrictions listed in this Section 7 on a one-time or repeated basis, without limiting our ability to enforce these provisions in the future. We may enforce provisions against Users to whom we have previously waived some or all of these restrictions, without any prior notice to the User.
8.1 Static Outbound IP. Fixie provides services to software developers that require a static outbound IP range for cloud-deployed applications. This is often a requirement for integrating a cloud-deployed application with legacy third-party dependencies that perform IP whitelisting.
8.2 Products. Fixie offers two products: Fixie, an HTTP proxy through which developers can route requests to HTTP and HTTPS endpoints; and Fixie Socks, a SOCKS5 proxy for establishing database connections and other low-level TCP connections.
8.4 Date Routed through Fixie. Fixie customers (data controllers) may proxy arbitrary data through Fixie. This data may include personal data from the customer’s end users. Requests to
HTTPS endpoints over Fixie remain encrypted end-to-end and would not be possible for Fixie to decipher. Requests to HTTP endpoints necessarily happen in-the-clear. Fixie SOCKS provides a low-level TCP connection over which Fixie customers may route either encrypted or in-the-clear requests.
8.5 Data Stored by Fixie. Fixie does not store the full request or response body of any request or connection. Fixie stores a small amount of metadata about each request for the purposes of providing logs to Fixie customers about their own requests. Specifically, this data includes:
● Request timestamp ● Request duration (in seconds) ● Upload size (in bytes) ● Download size (in bytes) ● Hostname and port (eg. http://www.example.com) ● [Only for HTTP requests] Path (eg. http://www.example.com/privacy.html) ● [Only for HTTP requests] HTTP Method (eg. GET) ● [Only for HTTP requests] Status code (eg. 200 OK)
Request metadata is ephemeral and is expired from Fixie’s database within 180 days of creation. This metadata is identifiable to a Fixie customer (data controller), but not to their end user.
Outside of this request metadata, the only data that Fixie stores is a small amount of customer data (i.e. data about the data controller). Specifically, this includes:
● Email address ● Heroku APP name ● Heroku domains ● Unique Heroku identifier ● Aggregate usage (bandwidth and number of requests)
8.6 How Request Metadata is Used. Request metadata is used to provide logs to Fixie customers in the Fixie dashboard (https://dashboard.usefixie.com). Request metadata is not stored permanently and is expired from Fixie’s database within 180 days of creation. Aggregate usage data is used to enforce Fixie plan limits.
9. Your Information.
make any of Your Information publicly available in the Platform, you do so at your own risk. We make no representation as to the completeness, accuracy, or how current any information in the Platform.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data (but is not considered personal data, where it does not directly or indirectly reveal your identity). For example, we may
9.4 Your email address and phone number. You agree that you will provide us with your valid, current email address and phone number, both at the time of your registration with us and from time to time as your email address or phone number changes.
10. Consent to disclosure. You acknowledge and agree that we may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of our company, its members, agents, employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all assets in the line of business to which this Agreement relates, or upon any other company reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
Our Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party sites or applications, and are not responsible for their privacy statements, policies or terms. When you leave our Platform, we encourage you to read the privacy notices, policies and terms of every other site which you visit.
11. Use of Platform.
11.1 Control. You are solely responsible for all of Your Information that you upload, post, email, transmit or otherwise make available via the Platform. You represent and warrant (a) that you own or otherwise control all of the rights to Your Information, including without limitation, all copyrights; (b) that Your Information is accurate; and (c) that use of Your Information does not
11.2 General practices regarding use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of the Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or deletion, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
11.3 Platform Stor e. This paragraph applies to any version of the Platform that you acquire from the Apple “Platform Store”. This Agreement is entered into between you and us. Apple, Inc. (“ Apple ”) is not a party to this Agreement and shall have no obligations with respect to the Platform. The Platform, not Apple, is solely responsible for the Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
12.1 Platform communication. By accessing and using the Platform you acknowledge and agree that you may receive certain communications from the Platform (such as SMS, text messages, emails, or other electronic communications means) (collectively, “ Mobile Communications ”). Please note that by accessing and using the Platform, or by using certain mobile features, such as receiving or sending Mobile Communications via your mobile device, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees. By using the Platform, you expressly agree to receive Mobile Communications from the Platform. You may manage Mobile Communications in the settings tab of your profile; however, some basic communications are a necessary part of the Platform and may not be disabled.
12.2 Your location. When you use the Platform, we may collect location information from the GPS functionality on your device. You hereby authorize us and to take such actions and access such data. You can grant or revoke your consent at any time and prevent us from continuing to access your GPS information by changing the settings on your device. You hereby authorize the Application to access such components of your mobile device.
12.3 Maps. Certain features of the Platform require access to and use of your device’s maps features or other third party maps. Although you may decide whether or not to use these features, any use of those features will be subject to the terms and conditions applicable to such maps and application.
12.4 Other Users. We do not control the information provided by other users, which is made available through the Platform. You may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Platform. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
17. Warranties and liability.
17.1 Disclaimer of warranties. You understand and agree that you download or otherwise obtain material or data through the use of the Platform at your own discretion and risk and that you will be solely responsible for any damages to your device or loss of data that results from the download of such material or data. The Platform and all goods, services, information, and materials made available through the Platform are provided to you “as is” without any express representations or warranties of any kind, and we disclaim all statutory or implied representations, warranties, terms, and conditions with respect to the Platform and all services, information, and materials made available through the Platform, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title. We make no representation or warranty that the Platform (or any part thereof) will be accurate, complete, or error-free, nor that any particular software or hardware, will be compatible with the Platform, and you hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware and services (including internet connectivity) needed to access and use the Platform and (b) ensure that any software, hardware, and services that you use will function correctly with the Platform. You agree that you must evaluate, and that you bear all risks associated with, the use of the Platform, including any reliance on the accuracy, completeness, or usefulness of any information or materials made available through the Platform. we disclaim any warranties regarding the security, reliability, timeliness, and performance of the Platform. We disclaim any warranties for any information or advice obtained through the Platform. We disclaim any warranties for services or goods received through or advertised in the Platform or received through any links provided by the Platform, as well as for any information or advice received through any links provided through the Platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
17.2 Limitation of liability. We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind in connection with the Platform, nor for any damages for loss of profits, goodwill, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Platform, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Further, we will not be liable for damages of any kind resulting from your use of the Platform or from any information or materials in the Platform. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using the Platform. Our maximum liability for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount, if any, paid by you to us to download the Platform.
17.3 Exclusions. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. If applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence,
fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
17.4 Fixie attempts to be as accurate as possible. However, Fixie does not warrant that product descriptions or other content of any Fixie services is accurate, complete, reliable, current, or error-free. If a product offered by Fixie itself is not as described, your sole remedy is to return it in unused condition.
18. Dispute resolution.
18.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of the Platform, Your Information, or your violation of any law or the rights of a third party. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. “ JAMS “), or its successor, for mediation pursuant to Section 18.3, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 18.4. Nonetheless, legal action taken by us to collect any fees and/or recover damages for, or obtain an injunction relating to, the Platform operations, intellectual property shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by us.
18. 2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.
18.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.
18.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 18.2 and 18.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
18.5 Enforcement. The provisions of Sections 18.3 and 18.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
18.6 Notice; waiver. You agree that, except as otherwise specified in Section 18.1, all disputes, claims or controversies arising out of or relating to this Agreement will be decided by negotiation, neutral mediation and/or neutral arbitration. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
18.7 Dispute between you and other User and/or third party. If you have a dispute with one or more Users or any other third party resulting from or arising out of or in connection with your use of the Platform, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
18.8 Class Action. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.
19. Modifications and service interruption. We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Platform. We do not guarantee continuous, uninterrupted or secure access to the Platform, and operation of the Platform may be interfered with by numerous factors outside of our control, maintenance or other reasons. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any unauthorized third party alterations to the Platform, contact us with a description of the unauthorized third party alteration. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, or User communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Platform. We do not guaranty that Platform is free from viruses, worms, Trojan horses or other harmful components. You agree that we shall not be liable to you or to any third party for any viruses, worms, Trojan horses or other harmful components in the Platform.
20. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, temporarily suspend, remove content or information you have posted or terminate your access to or use of: (a) the Platform, (b) your user name and password or (c) any files or information associated with your user name and password. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. If we terminate your access to the Platform, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Platform or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Platform or any third-party claim that your use of the Platform is unlawful or infringes such third party’s rights). Sections 9.2, 16, 17, 18 and 29 shall survive any expiration or termination of this Agreement. 21. Trademarks; copyrights; proprietary rights. Platform ’s trademarks, service marks, and other Platform ’s logos, products and service names, are trademarks of us, our company, affiliated companies, or similar (“ Proprietary Rights ”). Except as otherwise permitted by law, you agree not to display or use in any manner the Proprietary Rights without our prior written consent. All trademarks and service marks in the Platform not owned by us are the property of their respective owners. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use Platform ’s Proprietary Rights in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Platform or any information or materials made available through the Platform.
Please note that unauthorized use of the Platform may subject you to civil and criminal penalties (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.
You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Platform and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to us by you (collectively “ Feedback ”), and (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Platform or otherwise relating to Platform based on Feedback or otherwise (collectively, “Update”), are and will remain the property of us. You authorize us to treat Feedback and Update as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Platform or in any such Feedback or Update. All Feedback and Update become the sole and exclusive property of us and we may use and disclose Feedback and/or Update in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show- how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Update. At our request, you agree to execute any document, registration or filing required to give effect to the foregoing assignment.
22. Copyright infringement. To comply with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“ DMCA “), we will respond promptly to claims of copyright infringement. Please send all claims of copyright infringement to: email@example.com.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright is being infringed, you should submit a written notification to us at the address and email stated above and include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a bona fide infringement notification, it is our policy to remove or disable access to the infringing material.
Please note that Section 512(f) of the DMCA allows imposing liability for damages on any person who knowingly sends meritless notices of infringement.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
23. No resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service. 24. Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by email to firstname.lastname@example.org, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing. Notices to you may be made via posting to the Platform, by email, or by regular mail, in our discretion.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
29. No waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. 30. Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and us nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. 31. Limitation. You and us each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred. 32. Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 33. Information or complaints. If you have a question or a complaint regarding the Platform, please feel free to contact us via email at email@example.com. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. 34. ADA Compliance, Disabilities, Accessibility. Fixie attempts to make its information accessible to all individuals. If you use special adaptive equipment and encounter problems when using our Platform, please report them using the following contact information: firstname.lastname@example.org. We will let you know if the information is available in an alternate format. We strive to meet World Wide Web Consortium (W3C) Recommendations and other web industry standards, specifically conforming to HTML 5, CSS Level 3, WAI-ARIA, and the U.S. Access Board’s Section 508 guidelines.
Fixie is committed to making its Platform available to as many people as possible, and makes every effort to ensure its communications are accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments.
If you come across a page you find difficult to use, please contact us at email@example.com.
35.GDPR Compliance. At Fixie, we make good faith efforts to comply with the European Union General Data Protection Regulation (“ GDPR “). We provide the following “ GDPR Statement “, which is supplemented by our “ GDPR Notice “ (attached as Schedule 1 ):
(a) At Fixie, we recognize the sensitive nature of the personal data we collect and the importance of protecting it. The GDPR requires us to obtain consent from European Union (“ EU “) residents before using their data in any way. It also entitles them to access their data and ask for it to be removed and forgotten from any databases on request.
(b) Below is a list of privileges and how you can exercise these privileges and rights included with GDPR.
(c) You have a right to consent to how Fixie uses your data. Below is a list of the data points we collect and how they are used. We never abuse your information. Along with consenting, you also have the right to withdraw your consent.
(d) We collect data, including:
(e) Your data is used for marketing emails and marketing promotions such as newsletters, informational updates about Fixie, and invitations to special events, webinars, and conferences.
(f) Your data is stored for an indefinite matter of time if you don’t notify Fixie via the below methods to remove it. In the case that Fixie tries to contact you and your email address and/ or phone number are no longer viable, your information will be declared inactive and Fixie will not continue to attempt contact. If your contact information is updated with viable information, our records will be declared active as long as you haven’t exercised your right to revoke consent or be forgotten.
(g) Under GDPR you have the right to ask for all the data collected on you. Your data is stored in a secure database. It will take up to 72 hours to retrieve and send you collected data. The data will be provided in the form on a spreadsheet and sent via personal email.
(h) Your right to be forgotten refers to your right to have your information wiped from our database. If you wish for your information to be removed please email us at firstname.lastname@example.org and we’ll confirm your information is removed via personal email within 72 hours.
(i) If you wish to submit a formal complaint against how your data is being used, collected, or stored by Fixie, contact us at email@example.com. How to Revoke Your Consent
(j) If you’ve consented to receive messages from us and need to revoke that consent, please contact us at firstname.lastname@example.org and we’ll update our records and ensure your data is not stored. We’ll confirm your withdrawal via personal email within 72 hours.
Using or deactivating cookies is your choice.
37. Software developer services. We provide software developer services. To provide that service, we collect information and personal data that we need. We may collect and process, among other information, the following personal data:
(1) personal information of users, such as name, sex, birthdate, legal capacity, nationality, citizenship;
(2) personal information of merchant representatives, such as name, job title, position;
(3) document details, such as the name of a document, issuing country, number, expiration date, security features;
(4)photographs and videos, photographs taken from you, and your document and video of verification process;
(5) contact details, such as address, e-mail address, telephone numbers, IP address;
(6) users’ technical data (device signature); and
We may obtain personal data directly from you, as well as from other parties (including merchants). We also collect your personal data independently from data providers. For example, if we need to verify validity of a user’s identification document, then we might inquire for additional information from the appropriate agency, office, bureau, repository or registrar. Please note that we cannot provide our services to an anonymous client or customer, and therefore using our services is subject to your disclosing personal data to us and providing to us the consent to the processing of your personal data.
38. Integration with Heroku. Our Services and Platform are intended to seamlessly integrate with Heroku. Heroku’s Terms of Service are incorporated into and made part of this Agreement. 39. Data Subprocessor. Fixie is hosted on Amazon Web Services (AWS). AWS is GDPR compliant, and you can find their Data Processing Agreement here: https://d1.awsstatic.com/legal/aws-gdpr/AWS_GDPR_DPA.pdf.
All materials © 2018 Fixie Technologies LLC, unless otherwise noted. All rights reserved.
Schedule 1 GDPR Notice
This Privacy Notice provides mandatory information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing. Definitions of certain terms within this notice are explained in the “Definitions” section below.
The Data Controller for the personal data processed by us is: Stephen Hebson, 1087 Flushing Ave. #312, Brooklyn NY 11237. Fixie, as Data Processor acting on the instructions of the Data Controller under a written contract with them, will subsequently use that personal data to facilitate software developer services. It is this contract which forms the ‘Legal Basis’ for the processing of personal data carried out by Fixie in these circumstances.
Fixie will also become a Data Controller if it collects additional personal data directly from a Data Subject. In these circumstances Fixie will be acting under a ‘Legitimate Interest’ to legally process the data for the management of software developer services for the Data Subject and to fulfill the contractual requirements for its Client. Fixie also acts as a Data Controller for any personal data held regarding its own employees, and legally processes this data under its Contract of Employment with those Data Subjects.
As a Data Subject you have rights under the GDPR. These rights can be seen below. Fixie will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.
The identity and contact detail for the Data Protection Officer within Fixie is: Stephen Hebson, 1087 Flushing Ave. #312, Brooklyn NY 11237.
Fixie has adopted the following principles to govern its collection and processing of Personal Data:
The Personal Data collected will only be those specifically required to fulfill software developer services. Such data may be collected directly from the Data Subject or provided to Fixie via his /her employer. Such data will only be processed for that purpose.
To fulfill the software developer services for a Data Subject it will in some cases be necessary to process personal data via a third party. Personal Data shall only be transferred to, or processed by, third party companies where such companies are necessary for the fulfillment of software developer services.
Personal Data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognized by the EU as having an adequate level of Data Security, or is made with the consent of the Data Subject, or is made to satisfy the Legitimate Interest of Fixie in regard to its contractual arrangements with its clients.
All internal group transfers of Personal Data shall be subject to written agreements under the Company’s Intra Group Data Transfer Agreement (IGDTA) for internal Data transfers which are based on Standard Contractual Clauses recognized by the European Data Protection Authority.
Personal Data (Article 4 of the GDPR): ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing (Article 4 of the GDPR): means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such
as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.
Legal Basis for Processing (Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:
Data Controller (Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.
Data Processor (Article 4 of the GDPR): means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Data Subject Rights (Chapter 3 of the GDPR) each Data Subject has eight rights. These are:
The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.