Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Fixty Inc. ("Fixty," "we," "us," or "our"), a Delaware corporation, governing your access to and use of the Fixty platform, including our website at fixty.com, mobile application, and all related services (collectively, the "Platform").
By creating an account, subscribing to a plan, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund Policy, Service Level Agreement and Data Processing Agreement, which are incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Platform.
Eligibility
To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement.
You must operate a legitimate business, whether as a sole proprietor, independent contractor, or registered business entity. The Platform is designed for mobile mechanics and automotive service providers.
Fixty is sold only to businesses. Every plan is a business account, purchased by a business for use in that business. We do not offer the Platform or any plan to individuals for personal, family or household use.
Each business may maintain only one active Fixty account. Creating multiple accounts for the same business to circumvent usage limits or obtain multiple free trials is prohibited and may result in termination of all associated accounts.
Account Registration
When you create an account, you agree to provide accurate, current, and complete information during the registration and onboarding process. You are responsible for keeping your account information up to date.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.
Fixty is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
Subscription Plans and Pricing
Fixty offers two subscription tiers, each designed to meet different business needs.
Starter Plan
The Starter plan is priced at $99 per month and includes everything you need to run the job: quotes and invoices with e-signature approval, online card payments, digital vehicle inspections, scheduling with a public booking page, automatic appointment reminders, customer notifications by text and email, mileage tracking, and the Fixty Assistant.
Growth Plan
The Growth plan is priced at $149 per month and includes everything in Starter plus your own dedicated business number with two-way texting, recurring service reminders, email marketing campaigns and seasonal promotions, automatic review requests, and priority support.
Feature Availability
The specific features available under each plan are described on our pricing page at fixty.com/pricing. We may modify the features included in each tier from time to time, and any material reductions will be communicated with at least 30 days advance notice.
Payment Terms
Subscription payments are processed through our web-based checkout powered by Stripe. We do not accept subscription payments through the mobile application.
Subscriptions are billed on a monthly recurring basis. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the applicable subscription fee at the beginning of each billing cycle.
If we change our subscription pricing, we will notify you 30 days before the new price takes effect, with instructions for cancelling. The new price applies from your first billing cycle after that date. If you do not agree with it, you may cancel before it takes effect.
All fees are stated in United States dollars and are non-refundable except as expressly provided in these Terms or as required by applicable law.
Fees do not include taxes. You are responsible for any sales, use or similar taxes that apply to your subscription, which we will add to your invoice where the law requires us to collect them.
Card Payments
If you accept card payments from your customers through the Platform, the following terms apply in addition to the Payment Terms above.
Stripe
Payment processing services for mechanics on Fixty are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"), available at https://stripe.com/connect-account/legal/full. By agreeing to these Terms or continuing to operate as a Fixty user who accepts card payments, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of Fixty enabling payment processing services through Stripe, you agree to provide Fixty accurate and complete information about you and your business, and you authorize Fixty to share it and transaction information related to your use of the payment processing services provided by Stripe.
Who Is the Seller
You are the seller and the merchant of record for every payment your customers make to you through the Platform. Payments settle to your own Stripe account. Fixty is not a bank or a money transmitter and does not hold your funds.
You appoint Fixty as your limited agent for the sole purpose of receiving payments from your customers through the Platform on your behalf. A customer's payment made through the Platform satisfies that customer's obligation to you for the amount paid, whether or not the funds have yet reached your bank account.
Processing Fees
Each successful card payment costs 3.4% + 30¢ (the "processing fee"), deducted automatically from the payment. The processing fee includes Stripe's charges and Fixty's platform fee, and it is not returned when you refund a payment. We may change the processing fee with at least 30 days' notice by email and in the Platform; the new fee applies to payments made after the notice period ends.
Payouts
Card payments reach your bank about 7 business days after each payment, paid out daily, automatically. Stripe may delay or hold payouts under the Stripe Services Agreement.
Refunds, Chargebacks and Negative Balances
You are responsible for refunds, chargebacks, dispute fees, card network fines and any other amounts arising from payments you accept ("Payment Losses"). If a Payment Loss is charged to Fixty, you agree to reimburse Fixty, and you authorize Fixty and Stripe to recover it by deducting it from your Stripe balance or future payouts, by reversing related transfers, or by debiting the bank account linked to your Stripe account. You agree to cooperate with Fixty in responding to disputes, including by providing estimates, authorizations, invoices and other evidence. These obligations survive termination of these Terms.
Surcharges and Taxes
You are solely responsible for complying with the laws and card network rules that apply to your business and to the prices, fees and surcharges you charge your customers, and for collecting and remitting any taxes on your sales. If you turn on credit card surcharging, you confirm that surcharging is permitted where you and your customers are located and that you have given any notice that the card networks and Stripe require before you begin. Tax and surcharge settings in the Platform are tools, not legal or tax advice.
Free Trial
Fixty offers a 14-day free trial on both plans for new users. A credit card is collected at signup and is not charged until the trial ends.
At the end of the 14-day trial, the card on file is charged automatically and your plan renews monthly until you cancel. If you cancel during the trial, you are not charged, and your account becomes read-only when the trial ends.
You can switch plans during the trial; the trial end date stays the same. The free trial is limited to one per business. Abuse of the free trial program, including creating multiple accounts, may result in account termination.
Your Data
You retain full ownership of all data you enter into the Platform, including customer records, vehicle information, job details, quotes, invoices, and any other business data ("Your Data"). Fixty does not claim any ownership rights over Your Data.
You grant Fixty a limited, non-exclusive license to process, store, and transmit Your Data solely for the purpose of providing and improving the Platform services. This license terminates when you delete Your Data or close your account.
You may request a copy of Your Data at any time by emailing [email protected], and we will provide it in a commonly used electronic format within 30 days. If you delete your account, Your Data is erased immediately and cannot be recovered, so request your copy first.
Fixty processes Your Data on your behalf in its capacity as a data processor. You are the data controller for any personal information of your customers that you enter into the Platform, and you are responsible for ensuring that you have the necessary consents and legal bases to collect and process that information.
Intellectual Property
The Platform, including its software, design, text, graphics, logos, icons, and all other content and technology (collectively, "Fixty Materials"), is owned by Fixty Inc. and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes in accordance with these Terms. This license does not include the right to modify, reproduce, distribute, create derivative works from, publicly display, or commercially exploit any Fixty Materials.
You retain all rights to the content you create and upload to the Platform, including your business branding, custom templates, and communications. By uploading content to the Platform, you represent that you have the right to do so and that such content does not infringe upon the rights of any third party.
Acceptable Use
Your use of the Platform is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to use the Platform only for lawful business purposes related to automotive services and business management.
Without limiting the foregoing, you may not use the Platform to send unsolicited commercial messages (spam) via SMS or email, store or transmit content that is illegal, harmful, threatening, abusive, or otherwise objectionable, attempt to gain unauthorized access to other users' data or accounts, interfere with or disrupt the integrity or performance of the Platform, reverse engineer, decompile, or disassemble any aspect of the Platform, use the Platform for any purpose other than managing your automotive service business, or violate any applicable local, state, national, or international law or regulation.
SMS/Text Messaging Program
Fixty operates an SMS and MMS text messaging program ("Fixty Messaging") to deliver service-related communications to mechanics and their customers. By using the Platform and providing your phone number, you agree to the following terms regarding text messaging.
Program Description
Fixty Messaging sends transactional and service-related text messages including appointment reminders and confirmations, quote notifications and approvals, invoice and payment notifications, job status updates, booking confirmations, and account security alerts. Messages are sent on behalf of mechanics who use the Fixty platform to manage their automotive service businesses.
User Consent
By providing your mobile phone number to Fixty (whether during account registration, onboarding, through a booking page, or by providing verbal consent to a mechanic), you expressly consent to receive SMS and MMS messages from Fixty at that number. You confirm that you are the owner or authorized user of the mobile device associated with that number.
Your consent to receive text messages is not a condition of purchasing any goods or services from Fixty or from any mechanic using the Fixty platform.
Opt-Out Procedures
You may opt out of Fixty text messages at any time by replying STOP, UNSUBSCRIBE, END, QUIT, or CANCEL to any message you receive. You will receive a one-time confirmation message, and no further messages will be sent unless you re-subscribe by texting START.
You may also opt out by emailing [email protected] or by updating your notification preferences in the Platform. Opt-out requests are processed immediately.
Opting out of text messages does not affect your ability to use other features of the Platform, though you may miss important service-related notifications such as appointment reminders and job updates.
Message Frequency and Content
Message frequency varies based on your interactions with the Platform. Typical usage results in 1 to 10 messages per month, though this may increase during periods of active vehicle service. Messages are transactional and service-related in nature.
Message and Data Rates
Message and data rates may apply depending on your mobile carrier and plan. Fixty does not charge any additional fees for text messages, but your carrier may impose standard messaging charges. Contact your mobile carrier for details about your plan.
Carrier Liability
Text messaging is provided on an "as-is" basis. Fixty, its messaging service providers, and mobile carriers are not liable for delayed, undelivered, or misdirected messages. Delivery of text messages is subject to effective transmission by your mobile carrier and network conditions outside our control.
Help
For help with text messaging, reply HELP to any Fixty message, visit fixty.com/legal/sms-help, or email [email protected].
Privacy
Your use of Fixty Messaging is also governed by our Privacy Policy at fixty.com/privacy, which contains additional information about how we collect, use, and protect your mobile phone number and messaging data.
Compliance
Fixty Messaging operates in compliance with the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, and all applicable federal, state, and local regulations governing text messaging.
Service Availability
We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. The Platform is provided on a "best effort" basis with respect to uptime and availability.
We may perform scheduled maintenance that temporarily affects Platform availability. When possible, we will provide advance notice of scheduled maintenance windows through in-app notifications or email.
A Service Level Agreement (SLA) applies to subscribers on any paid plan (Starter and Growth), providing specific uptime commitments and remedies. The terms of any SLA will govern over these general Terms with respect to service availability.
Fixty is not liable for any downtime, data loss, or interruption caused by factors outside our reasonable control, including but not limited to internet outages, third-party service failures, natural disasters, or acts of government.
Termination
Either party may terminate the subscription and account under the following conditions.
Termination by You
You may cancel your subscription at any time in Settings, Billing, or by emailing [email protected]. Cancellation takes effect at the end of your current billing period, and you keep access until then. No partial refunds are issued for unused portions of a billing period. Deleting your account cancels your subscription immediately, without a refund, and erases Your Data.
Termination by Fixty
We may suspend or terminate your account immediately and without notice if you violate these Terms, the Acceptable Use Policy, or any applicable law, or if we reasonably believe your account has been compromised.
For reasons other than a violation, we will provide at least 30 days written notice before terminating your account. During this notice period, you will continue to have access to the Platform and may request a copy of Your Data.
Effect of Termination
Upon termination, your right to access and use the Platform ceases. If Fixty terminates your account, you may request a copy of Your Data within 30 days of termination; after that period Your Data is permanently deleted as described in our Privacy Policy. Sections on Card Payments (Refunds, Chargebacks and Negative Balances), Limitation of Liability, Indemnification, Dispute Resolution and Governing Law survive termination.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIXTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL FIXTY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO FIXTY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Fixty Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Your use of the Platform in violation of these Terms or any applicable law or regulation. Your Data, including any claims that your customer data was collected, stored, or processed without proper consent or legal basis. Any breach of security resulting from your failure to maintain the confidentiality of your account credentials. Any content you submit, post, or transmit through the Platform that infringes upon the intellectual property rights of any third party. Payment Losses, and any claim by your customers, a card network, Stripe or a government authority relating to the prices, fees, surcharges or taxes you charge or collect.
Dispute Resolution
Before starting arbitration, the party with a claim must send the other a written notice describing it (to Fixty at [email protected]), and both parties will try in good faith to resolve it informally for 30 days.
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
The arbitration shall be conducted by a single arbitrator and shall take place in Wilmington, Delaware, or at another location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST FIXTY.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.
Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least 30 days advance notice by posting the revised Terms on the Platform and, where appropriate, notifying you by email.
Your continued use of the Platform after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Platform and close your account before the changes take effect.
The changes to these Terms dated September 13, 2026 apply to accounts created on or after that date from the moment they are created, and to accounts created before that date from October 13, 2026.
Contact
If you have any questions about these Terms of Service, please contact us:
Email: [email protected]
Fixty Inc., a Delaware corporation. Mailing address: 8 The Green Ste B, Dover, DE 19901, United States.