The FIXIN application ("Licensed Application" or "App") is licensed to you ("You" or "End-User") by AM Solutions, LLC ("Licensor," "we," "us," or "our"), for use only under the terms of this License Agreement. References in this Agreement to the "App Distributors" mean Apple Inc. and Google LLC and their affiliates, through whose stores the App is distributed.
By downloading or using the Licensed Application and any update to it, you agree to be bound by all of the terms of this License Agreement. If you do not agree, do not download or use the App. The Licensor reserves all rights not expressly granted to you.
FIXIN is a software application that uses artificial intelligence to analyze photographs you submit and generate diagnostic results and repair guidance for home, automotive, and marine issues. It is designed for iOS and Android mobile devices ("Devices"). Diagnostic results are informational suggestions only and are not guaranteed to be accurate or complete.
Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the Licensed Application on Devices that you own or control, solely for your personal, non-commercial use, in accordance with the usage rules of the applicable App Distributor.
You may not: (a) rent, lease, lend, sell, redistribute, or sublicense the App; (b) copy (except as expressly permitted), decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except to the extent applicable law prohibits this restriction; (c) modify or create derivative works of the App; (d) remove or alter any proprietary notices; or (e) use the App for any unlawful purpose or in any way that could damage or impair the App or the Services.
The Licensed Application requires a compatible iOS or Android device, an internet connection for cloud-based analysis, and permission to access your camera and photos to submit images. Certain features (such as scheduling near you) require location access. The Licensor is not responsible for your device, network, or data charges, and does not warrant that the App will operate on every device or with every configuration.
AM Solutions, LLC is not obligated to provide maintenance, updates, or technical support for the Licensed Application, and may do so at its discretion on a best-effort basis. The App Distributors have no obligation whatsoever to furnish any maintenance or support for the App.
The App allows you to submit photographs, notes, and related information (your "Submissions") so it can provide diagnostic results. Your Submissions are handled in accordance with our Privacy Policy. Submissions are generally private to your account and are not published to other users. When you make a Submission, you represent and warrant that:
You retain ownership of your Submissions. You grant the Licensor and its service providers a limited, worldwide, royalty-free license to host, store, process, and analyze your Submissions solely to provide, secure, and improve the Services, and as otherwise described in the Privacy Policy. We may use de-identified or aggregated data to improve our models. If you provide feedback or suggestions, you agree we may use them without restriction or compensation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," AND YOUR USE OF IT IS AT YOUR OWN RISK. DIAGNOSTIC RESULTS AND REPAIR GUIDANCE ARE INFORMATIONAL ONLY. YOU ARE RESPONSIBLE FOR EVALUATING THE GUIDANCE AND FOR ANY REPAIR YOU CHOOSE TO ATTEMPT. FOR ANY REPAIR THAT COULD AFFECT SAFETY — INCLUDING ELECTRICAL, GAS, STRUCTURAL, BRAKE, FUEL, OR MARINE SYSTEMS — CONSULT A QUALIFIED LICENSED PROFESSIONAL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY PROPERTY DAMAGE OR PERSONAL INJURY ARISING FROM RELIANCE ON DIAGNOSTIC RESULTS. THE LICENSOR'S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE SIX (6) MONTHS BEFORE THE CLAIM AROSE. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MATTERS THAT LAW PROHIBITS EXCLUDING.
The Licensor warrants that, at the time of your download, the Licensed Application is free of malware to the Licensor's knowledge. Except for this limited warranty and to the maximum extent permitted by law, the App is provided without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No warranty applies to an App that has been modified without authorization, used with incompatible hardware or software, or affected by causes outside the Licensor's control.
If the App fails to conform to any applicable warranty, you may notify the applicable App Distributor, and it may refund the purchase price (if any). To the maximum extent permitted by law, the App Distributor will have no other warranty obligation with respect to the App.
AM Solutions, LLC, and not the App Distributors, is responsible for addressing any claims relating to the Licensed Application or your use of it, including product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer-protection or privacy law, except to the extent such claims arise from the App Distributors' own services.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws in using the App.
This license is effective until terminated by you or AM Solutions, LLC. Your rights terminate automatically if you fail to comply with any term of this Agreement. On termination, you must stop using the App and delete all copies. Sections that by their nature should survive termination will survive.
You must comply with the applicable App Distributor's terms of service and any third-party terms that apply to your use of the App. You acknowledge and agree that Apple Inc. and Google LLC, and their subsidiaries, are third-party beneficiaries of this Agreement, and each will have the right to enforce this Agreement against you as a third-party beneficiary.
As between you and AM Solutions, LLC, AM Solutions, LLC owns or licenses all intellectual-property rights in the App, other than your Submissions. In the event of a third-party claim that the App infringes intellectual-property rights, AM Solutions, LLC, and not the App Distributors, will be responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by law.
This Agreement is governed by the laws of the State of Washington, excluding its conflict-of-law rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington, except where applicable consumer-protection law provides otherwise.
If any provision of this Agreement is or becomes invalid, the remaining provisions remain in effect, and the invalid provision will be replaced by a valid one that best achieves its purpose. Amendments must be in writing. This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between you and us regarding the App.
AM Solutions, LLC
6910 94th Ave SE, Mercer Island, WA 98040, United States
Phone: 206-295-8274
Email: engineering@amsolutions-sea.com