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Terms of Service

Last updated: July 11, 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and CAPMA LLC (d/b/a FYXD) (“FYXD,” “we,” “us,” or “our”) governing your access to and use of the FYXD platform, including all websites, applications, and related services (collectively, the “Platform”).

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Platform. You should review these Terms carefully, including the arbitration and class action waiver provisions below.

1. Eligibility

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. FYXD does not knowingly permit individuals under 18 to use the Platform.

If you are creating an account on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” in these Terms include both you as an individual and that entity.

2. Nature of the Platform

FYXD is a technology marketplace that connects individuals seeking services (“Customers”) with independent service providers (“Providers”).

FYXD:

All agreements, communications, estimates, scope decisions, service performance, warranties, and project outcomes relating to services are solely between Customers and Providers.

3. Independent Contractor Status

Providers are independent contractors and are not employees, agents, partners, joint venturers, franchisees, or representatives of FYXD. FYXD does not control, direct, supervise, or inspect the manner, means, methods, quality, or safety of any services. Each Provider independently sets their own schedule, pricing, methods, and standards of work. FYXD’s role is solely to operate a technology platform that facilitates connections between Providers and Customers.

Providers are solely responsible for:

FYXD does not direct or control the manner, method, means, details, scheduling, safety practices, or performance of Provider services.

4. No Guarantee of Licensing, Insurance, or Qualifications

Providers may submit profile information, license numbers, insurance information, certifications, background information, reviews, photos, or other credentials through the Platform. FYXD may display badges, labels, verification states, document statuses, or other profile indicators.

Unless FYXD expressly states otherwise in writing for a specific credential, these tools are limited platform features only and are not warranties, endorsements, guarantees, or substitutes for independent verification. The following describes what each badge or status indicator means — and does not mean:

Badge What It Means
ROC Number Submitted Provider self-reported an Arizona ROC number. FYXD has not verified it against Registrar of Contractors records.
ROC Verified FYXD confirmed the submitted ROC number against Arizona Registrar of Contractors records at the time of review. This does not guarantee the license is currently active, in good standing, or covers the scope of a specific project.
Self-Attested Provider has attested that they carry general liability insurance. No insurance certificate has been submitted to or reviewed by FYXD.
Verified Insured Provider submitted an insurance certificate that a FYXD staff member reviewed and confirmed as facially current at the time of review. This does not guarantee coverage is currently active, that limits are sufficient for a specific project, or that a claim will be honored.

Even where FYXD has reviewed a credential, such review occurred at a point in time and FYXD does not monitor ongoing compliance. FYXD does not guarantee that any Provider is licensed, insured, bonded, qualified, safe, suitable, available, legally permitted, code-compliant, or in good standing with any licensing board, municipality, insurer, bonding company, or other authority.

Customers are solely responsible for deciding whether a Provider is appropriate for a project, including independently verifying licenses, insurance, bonding, permits, references, experience, scope, pricing, and legal authority to perform the requested work. Customers should confirm credentials directly with the relevant licensing board, insurer, municipality, or other authority before work begins.

Providers must not claim, imply, or advertise licenses, insurance, certifications, experience, or qualifications they do not currently and validly hold.

5. User Accounts

You agree to:

FYXD may suspend, restrict, or terminate accounts at its discretion, including for suspected fraud, safety concerns, payment risk, disputed activity, violations of these Terms, legal compliance concerns, or conduct that may harm FYXD, Users, Stripe, or third parties.

6. Customer Responsibilities

Customers are solely responsible for:

Customers acknowledge that service outcomes may vary and that unforeseen conditions may affect pricing, timing, materials, and scope.

7. Provider Responsibilities

Providers agree to:

Providers assume full responsibility for the services they provide and for the acts and omissions of their employees, workers, subcontractors, vendors, and agents.

Provider represents and warrants that they maintain, or will obtain prior to performing any services, all insurance required by applicable law and reasonably necessary for the nature of their work, including general liability insurance. Providers who employ others are solely responsible for maintaining workers’ compensation insurance as required by Arizona law. FYXD is not responsible for any claims, damages, or losses that would have been covered by insurance Provider failed to obtain or maintain.

8. Quotes, Estimates, and Scope Changes

Quotes provided through the Platform may be estimates unless explicitly stated otherwise by the Provider and accepted by the Customer.

Final pricing, timing, and scope may change due to:

FYXD is not responsible for disputes arising from pricing, estimates, scope changes, delays, materials, or project assumptions.

9. Payments, Stripe, and Fees

Payments may be processed through third-party providers, including Stripe. By making or receiving payments through the Platform, you agree to comply with Stripe’s applicable terms, policies, onboarding requirements, identity verification, risk review, payout, refund, chargeback, tax reporting, and compliance requirements.

By using the Platform, you agree that:

FYXD is not a bank, money transmitter, escrow agent, insurer, surety, or fiduciary. FYXD is not responsible for payment processing errors, payout delays, holds, reversals, account limitations, or compliance requirements caused by Stripe or other third-party payment providers.

10. Payment Holds, Release, and No Legal Escrow

The Platform may support payment authorization, payment hold, milestone, or conditional release workflows to help coordinate projects. Unless expressly required by law and separately stated in writing, FYXD does not provide legal escrow services and does not hold funds in a fiduciary capacity.

FYXD may release payment to a Provider when one or more of the following occurs:

When a Provider marks a job complete, Customer will be notified and given 48 hours to confirm completion or initiate a dispute. If Customer confirms completion, funds are released to Provider immediately. If Customer initiates a dispute within the 48-hour window, funds will be held pending resolution per FYXD’s dispute process. If Customer takes no action within 48 hours, FYXD will treat the job as accepted and release funds to Provider. Customer’s failure to dispute within this window constitutes acceptance of the services as delivered and extinguishes any right to a refund, except as expressly provided in Section 11.

FYXD may delay, split, reduce, condition, reverse, or decline release of funds if there is a project dispute, suspected fraud, payment failure, chargeback risk, refund request, safety issue, property damage claim, injury claim, licensing concern, insurance concern, compliance issue, sanctions concern, negative balance, violation of these Terms, or other reasonable risk to FYXD, Users, Stripe, banks, card networks, or third parties.

Any payment release, refund, credit, adjustment, or dispute decision by FYXD is an administrative Platform decision only. It does not determine legal liability, professional negligence, code compliance, property damage responsibility, injury responsibility, licensing status, insurance coverage, or the ultimate rights of the parties.

11. Refunds, Chargebacks, and Payment Disputes

Refund Eligibility. Refunds are not available as a matter of course. A Customer may request a refund only if all of the following conditions are met:

  1. The Customer initiated a dispute within the 48-hour window described in Section 10 before funds were released to the Provider; and
  2. The Customer’s claim is based on one or more of the following grounds:
    • A specific, agreed project milestone was not delivered as described in the accepted scope of work; or
    • A documented defect in workmanship or materials is present that was not disclosed by the Provider and was not caused by Customer-provided materials, pre-existing conditions, or Customer instructions.

Refund requests based solely on dissatisfaction, change of mind, aesthetic preference, scope disagreements not raised during the project, or conditions the Customer knew or should have known about before work began are not eligible for a refund.

Evidence Requirement. To initiate a refund request or dispute, Customer must submit, at the time of filing, tangible supporting evidence. Acceptable evidence includes, without limitation:

FYXD will not process a refund request that is not accompanied by supporting evidence. FYXD may request additional documentation and may deny a refund request if the Customer fails to provide requested evidence within a reasonable time.

Time Limits. No refund request will be considered after the earlier of: (a) the Customer’s confirmation of job completion; (b) the expiration of the 48-hour dispute window in Section 10 without a dispute being filed; or © fourteen (14) days after the Provider marks the job complete, regardless of whether funds have been released. The only exception is a documented latent defect — a defect that was not reasonably discoverable at the time of completion — in which case a Customer must submit a refund request within seven (7) days of discovering the defect, and in no event more than thirty (30) days after job completion.

FYXD’s Role. FYXD may issue full or partial refunds, deny refunds, or condition refunds on documentation, Provider response, Customer response, inspection, completion status, or dispute review, in its sole administrative discretion. FYXD’s refund decisions are administrative Platform decisions only and do not determine legal liability, professional negligence, code compliance, or the ultimate rights of the parties. Platform fees are non-refundable unless otherwise required by applicable law or expressly stated in writing.

Informal Resolution Required Before Arbitration. Before escalating any refund dispute to arbitration, the parties must attempt to resolve the matter informally. Customer must send written notice of the dispute to FYXD at support@fyxd.app, and the parties will have thirty (30) days to reach an informal resolution. If the dispute is not resolved informally within that period, either party may pursue binding individual arbitration in accordance with Section 22. FYXD’s administrative refund decision does not satisfy the informal resolution requirement and does not waive either party’s right to arbitration.

Chargebacks. If a Customer initiates a chargeback, bank dispute, payment reversal, or similar claim with their card issuer or bank, FYXD may suspend the related project, pause payment release, debit or offset amounts owed to a Provider, request evidence from either party, and cooperate with Stripe, banks, and card networks. Customers are encouraged to use the Platform’s dispute process before initiating a chargeback, as chargebacks may result in account suspension and do not guarantee a favorable outcome.

Provider Evidence Obligations. Providers are responsible for providing timely evidence in connection with any dispute, chargeback, or refund review, including invoices, messages, photos, videos, completion records, change orders, receipts, proof of delivery, proof of work, Customer approvals, and other documentation requested by FYXD or Stripe.

Recovery and Offset. FYXD may recover from a Provider any amounts lost or incurred due to refunds, chargebacks, disputed amounts, dispute fees, reversal fees, processor fees, penalties, negative balances, or related costs arising from that Provider’s services, conduct, account activity, incomplete documentation, or failure to comply with these Terms. If an account has a negative balance or FYXD reasonably determines that a User may owe amounts to FYXD, another User, Stripe, a payment processor, or a third party, FYXD may offset those amounts against current or future payouts, refunds, credits, or other amounts payable through the Platform.

Nothing in this section limits any rights a Customer may have under applicable consumer protection law, including Arizona Revised Statutes § 44-1521 et seq.

12. Disputes Between Customers and Providers

Disputes relating to services are solely between Customers and Providers.

FYXD may, at its discretion:

FYXD is not obligated to intervene and is not responsible for dispute outcomes. FYXD’s involvement in a dispute does not make FYXD a party to the service agreement between a Customer and Provider.

13. Service-Specific Risk and Liability

Provider services may involve construction, repair, maintenance, installation, demolition, electrical, plumbing, HVAC, roofing, landscaping, remediation, inspection, hauling, hazardous conditions, tools, machinery, ladders, utilities, chemicals, confined spaces, structural elements, and other risks.

Providers are solely responsible for jobsite conduct, safety practices, workmanship, materials, equipment, supervision, code compliance, permits, inspections, property protection, cleanup, disposal, warranties, and all risks arising from or related to their services.

Provider, and not FYXD, is solely and exclusively responsible for the quality, safety, legality, completion, and workmanlike character of all services performed. Provider is solely liable for any bodily injury, death, property damage, economic loss, or other harm arising from or related to services performed through the platform, regardless of whether payment was processed through FYXD. FYXD’s processing of payment does not constitute endorsement of, warranty for, or assumption of liability for any services.

FYXD is not liable for any property damage, bodily injury, death, economic loss, project delay, defective work, warranty claim, code violation, permit issue, utility strike, environmental condition, hazardous material, mold, asbestos, lead, water intrusion, fire, electrical hazard, structural issue, theft, trespass, or other claim arising from or related to Provider services, except to the limited extent such liability cannot be excluded under applicable law.

The Platform is not intended for emergency services. Customers should contact emergency services, utility providers, law enforcement, or appropriate licensed professionals when there is a risk of injury, fire, flooding, gas leak, electrical hazard, structural failure, criminal activity, or other urgent danger.

14. Off-Platform Transactions

Users agree not to circumvent the Platform to avoid fees, payment protections, documentation, compliance checks, or Platform rules.

Violations may result in:

15. Job Completion and Abandonment

Providers are expected to complete accepted jobs according to the agreed scope, schedule, and applicable law.

Failure to do so may result in:

16. Reviews and Ratings

Users may submit reviews and ratings.

You agree that:

FYXD may moderate, remove, reject, or display reviews in accordance with Platform policies and applicable law.

17. Acceptable Use

You agree not to:

18. Intellectual Property and User Content

All Platform content, excluding User Content, is the property of FYXD and is protected by applicable intellectual property laws.

You may not copy, distribute, scrape, reverse engineer, or create derivative works from the Platform without permission.

You retain ownership of content you submit through the Platform, but you grant FYXD a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, display, modify, and distribute that content as necessary to operate, improve, market, protect, and enforce the Platform.

19. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYXD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

FYXD DOES NOT WARRANT OR GUARANTEE ANY PROVIDER, CUSTOMER, SERVICE, PROJECT, QUOTE, ESTIMATE, PAYMENT OUTCOME, REFUND OUTCOME, DISPUTE OUTCOME, LICENSE, INSURANCE COVERAGE, REVIEW, RATING, BACKGROUND INFORMATION, OR THIRD-PARTY SERVICE.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYXD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, SUBSTITUTE SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, DEFECTIVE WORK, PROJECT DELAYS, PAYMENT DISPUTES, CHARGEBACKS, REFUNDS, OR DISPUTES BETWEEN USERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYXD’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF PLATFORM FEES YOU PAID TO FYXD IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

21. Indemnification

You agree to indemnify, defend, and hold harmless FYXD, its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, fees, penalties, and expenses, including reasonable attorneys’ fees, arising from or relating to:

22. Arbitration and Class Action Waiver

Please read this section carefully. It affects how disputes are resolved.

Except as stated below, you and FYXD agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, payments, projects, communications, accounts, referrals, advertising, privacy, data, fees, refunds, chargebacks, or any relationship or transaction involving FYXD will be resolved by binding individual arbitration rather than in court.

You and FYXD agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any class action, collective action, private attorney general action, consolidated action, or representative proceeding. The arbitrator may not consolidate claims or preside over any class, collective, consolidated, or representative proceeding, except to the extent this waiver is found unenforceable under applicable law.

Any dispute about the scope, validity, enforceability, or interpretation of this arbitration agreement shall be decided by the arbitrator and not by a court, except that questions about the enforceability of the class action waiver and whether a claim may be brought in small claims court shall be decided by a court of competent jurisdiction.

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, account security, payment systems, safety, or Platform integrity.

Before filing arbitration, the party bringing a claim must send written notice describing the claim, requested relief, and contact information. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after notice is received.

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the status of the parties and nature of the dispute. If AAA is unavailable or declines to administer the arbitration, the parties will work in good faith to select a substitute arbitration provider. If the parties cannot agree, a court of competent jurisdiction may appoint an arbitrator. Unless otherwise agreed, arbitration hearings will be conducted in Maricopa County, Arizona, or by remote means if the arbitration provider permits.

Arbitration fees will be allocated according to the applicable arbitration provider’s rules and applicable law. FYXD will not require a consumer to pay fees that would make arbitration prohibitively expensive compared with court.

You may opt out of this arbitration agreement by sending written notice to support@fyxd.app within thirty (30) days after first accepting these Terms. Your opt-out notice must include your name, account email, and a clear statement that you opt out of arbitration. Opting out of arbitration does not affect any other part of these Terms.

If twenty-five (25) or more similar arbitration demands are filed by or with the assistance of the same law firm, organization, or coordinated group, the parties agree that the arbitration provider’s mass arbitration procedures will apply, if available. If no such procedures are available, the parties will cooperate in good faith to establish a staged process designed to resolve claims efficiently while preserving each claimant’s right to individual arbitration.

This arbitration agreement survives termination of your account, deletion of the app, completion of a project, payment, refund, chargeback, or termination of these Terms.

23. Termination

FYXD may suspend, restrict, or terminate your access at any time, with or without notice, including for suspected violations of these Terms, fraud, safety concerns, payment risk, legal compliance concerns, or conduct that may harm FYXD, Users, Stripe, or third parties.

24. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement above.

25. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by posting updated Terms to the Platform and, where appropriate, by requesting your affirmative re-acceptance before continued use. Your acceptance of any version of these Terms is recorded with the version in effect at the time of acceptance. Continued use of the Platform after updated Terms are posted or presented constitutes acceptance of the updated Terms.

26. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies or agreements expressly incorporated by reference, constitute the entire agreement between you and FYXD with respect to the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

27. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms will remain in full force and effect.

28. Waiver

FYXD’s failure to enforce any provision of these Terms on any occasion does not constitute a waiver of its right to enforce that or any other provision on any other occasion. No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of FYXD.

29. Assignment

You may not assign or transfer your rights or obligations under these Terms without FYXD’s prior written consent. FYXD may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or change of control. Any purported assignment in violation of this section is void. These Terms will be binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

30. Notices

Notices to FYXD under these Terms must be sent by email to support@fyxd.app or by written correspondence to CAPMA LLC (d/b/a FYXD) at the address on file with the Arizona Corporation Commission. Notices are effective upon confirmed delivery. FYXD may send notices to you at the email address associated with your account, and such notices are effective upon sending.

31. Contact

support@fyxd.app

32. Expense & Receipt Records

The Platform may let providers record receipts and expense amounts and view totals for their own record-keeping. This is a convenience feature only. FYXD does not verify the accuracy of any amount you enter, does not determine whether any expense is tax-deductible, and does not provide tax, accounting, or legal advice. You are solely responsible for the accuracy, completeness, and tax treatment of the records you create, and for consulting a qualified professional before relying on them. FYXD is not a tax preparer, accountant, or financial advisor, and nothing in this feature creates such a relationship.