Fixly
FRDEITEN

Terms of use

These terms govern the use of Fixly by businesses and other professional customers (the client organisations), their users and people who use its public links and forms. They are accepted on sign-up and with each new version (sections 10 and 12). In these terms, “the Operator” means the company that operates the Fixly service; its name and contact details are given in the legal notice.

1. Purpose and professional customers

Fixly is an online tool for tracking building work requests (tickets, work orders, vendors, buildings). It records requests and sends work orders; it provides no legal, technical or real-estate advice. The features available depend on the organisation’s plan and may change to improve the service or meet technical and legal requirements. The service is reserved for professionals — in particular property management agencies, condominium administrators, owners of investment properties, businesses and tradespeople, public bodies and associations — who use it for their professional or commercial activity; it is not intended for consumers. By signing up, the customer confirms that it acts for professional purposes. The Operator may terminate with immediate effect the contract of a person who signed up for private purposes. Mandatory consumer protection provisions remain reserved.

2. Account and users

The person who creates an organisation confirms they are authorised to act for it. The organisation is responsible for the people it invites, the roles it assigns, the actions carried out with its accounts, the confidentiality of credentials and the revocation of access. An account is personal and reserved for people of the client organisation (staff, caretakers); it may not be shared with third parties. Any abusive or suspicious use must be reported without delay.

3. Plans, prices and payment

The prices, limits and features of each plan are those shown on the commercial page at the time of subscription. Paid subscriptions are charged through the payment provider. If a payment fails or the subscription is cancelled, the organisation returns to the free plan; its data is not deleted for that reason alone, but some features become unavailable. The Operator may change plan prices and limits; any change unfavourable to the customer is announced at least 30 days in advance by e-mail to the organisation’s administrator and in the application, and only applies from the following period. A customer who does not accept it may cancel before that date (section 9h): it then never pays the new price. Free services (free plan, trial periods, free offers) may be changed, limited or discontinued by the Operator at any time and without notice.

4. Client data and ownership

The organisation remains the owner of, and responsible for, the data and documents it enters (buildings, tenants, vendors, photos, amounts) and their lawfulness. It checks work orders and documents before sending them. It grants the Operator, for the term of the contract, then the grace period and the backup rotation, a non-exclusive, free licence limited to what is necessary to host, process, back up, secure and transmit this data in order to provide the service and comply with the law; the Operator does not use it for any other purpose. Data export is governed by section 9g; the Operator does not guarantee that exported files can be imported into other software.

4a. Customer content

The customer is solely responsible for the data, texts, documents and files it enters, imports or transmits through Fixly, and for their accuracy, lawfulness and the necessary rights (in particular the data protection of its tenants, clients, principals and contractors). The Operator does not check this content and assumes no liability for it, within the limits of mandatory law; it may delete or block any content that is manifestly unlawful or reported as such. The customer indemnifies the Operator against any third-party claim relating to this content. Photos and personal data: before photographing a dwelling or building and before entering data about tenants, caretakers, contractors or other people, the customer ensures that it has a legal basis and has informed them; it avoids photographing people, documents or personal belongings unrelated to the work, and enters no sensitive data (health, opinions, proceedings or sanctions) that is not necessary.

5. Backups and data loss

The entire site (database and files, including photos) is backed up daily by the hosting provider. In the event of an incident (outage, error, attack, failure of the hosting provider), data is restored to the state of the last available backup: data entered, modified, imported or sent since that last backup may be permanently lost. To the fullest extent permitted by law, the Operator is not liable for the loss of such data or its consequences; its liability for wilful intent or gross negligence (art. 100 para. 1 CO) is reserved. Backups serve to restore the service as a whole; they are not an archive available to the client, who cannot request items from them one by one, and the Operator is not obliged to restore a single client’s data or an earlier version of a document separately; it does not guarantee the time at which a backup is made. It is for the client to keep its own copies of important information (work order PDFs, CSV export of costs). Backups are a security measure of the Operator, not a service level commitment; no commercial presentation of the service (in particular “reliable”, “secure” or “hosted in Switzerland”) guarantees that no data will be lost.

6. Availability and maintenance

The Operator handles bugs, malfunctions, interruptions and downtime, planned or not, on a best effort basis, with no obligation of result. It guarantees neither the availability of the service nor any response or resolution time, and makes no uptime commitment. Fixes are made as quickly as reasonably possible, without a guaranteed deadline. Planned maintenance is announced when possible. Maintenance, technical incidents, provider outages (hosting, e-mail, payment) or security measures may make the service temporarily unavailable. Interruptions and bugs give no right to any compensation, credit or refund, except where the law requires it. Liability for intent or gross negligence remains reserved (art. 100 para. 1 CO). The daily backup described in section 5 limits data loss in the event of an incident. Commercial pages, documentation and advertising describe the service; they are neither a guarantee nor a commitment to a result, only these terms being authoritative. In the event of a major problem, the interruption of the service may last several hours or even several days; no refund is made for such an interruption.

6a. Support and defects

Support requests and defect reports (including those sent from the application) are handled according to their nature and the resources available. Unless separately agreed in writing, no time for acknowledgement, response, correction or resolution is guaranteed, and no obligation of result is assumed for resolving a ticket. Bugs and other defects are handled on the best effort basis described in section 6. No service level is guaranteed unless separately agreed in writing.

7. Vendor links and public forms

Vendor links and reporting QR codes give access to certain information without an account. The organisation decides who receives them, revokes them when needed and is responsible for their distribution. Vendors and tenants who use them undertake to provide accurate information. The reporting form is not an emergency service (section 13).

8. Acceptable use and prohibited uses

The service must be used lawfully. In particular, it must not be used to send unsolicited messages (spam), commit or facilitate fraud, issue fictitious or misleading work orders, impersonate others (agency, contractor, tenant), process data without a legal basis or unlawful content, bypass plan limits or security measures, copy, mass-extract or decompile the software, share an account outside the customer’s organisation, or deliberately overload the service. In case of breach, the Operator proceeds under section 9b.

9. Liability

To the fullest extent permitted by mandatory law, the Operator excludes all liability, whatever its cause, legal basis or nature: direct or indirect damage, loss of data, profit or business, interruption or unavailability of the service, errors, content, work, prices, deadlines and defects of contractors and providers (section 13), acts of third parties, providers or auxiliary persons (art. 101 para. 2 CO). Should liability nevertheless arise, it is limited to the amount paid by the organisation in the twelve months before the event, i.e. zero for a free or complimentary plan. Liability for intent or gross negligence (art. 100 para. 1 CO) and other mandatory provisions, in particular for death or personal injury and under the Federal Product Liability Act (PrHG), remain reserved. Any claim must be notified to the Operator in writing within 60 days of becoming aware of the damage. Force majeure is governed by section 15.

9a. Transfer of operation

The Operator may at any time transfer the operation of Fixly, this contract and the necessary data to another entity (affiliated company, acquirer or other). The client consents to this in advance (anticipated assignment of contract). It is informed by e-mail or by a notice in the application, if possible at least 30 days in advance. The transferee takes over the Operator’s obligations, in particular regarding data protection (FADP). If the transferee moves the hosting of the data outside Switzerland or materially reduces its security level, the customer may terminate the contract with immediate effect and export its data; by way of derogation from section 9h, the unused part of the period already paid is then refunded.

9b. End of contract

The Operator may decide not to renew the contract and end it at the expiry of the paid period, without notice; data export then remains possible for a reasonable period. In case of abusive use or use contrary to these terms (in particular the prohibited uses of section 8, fraud, security threats, unlawful content, non-payment), the Operator may, depending on the seriousness, issue a warning, suspend all or part of the access or terminate the contract with immediate effect; in case of a security risk or a manifest breach of the law, it may act without prior warning. Amounts due remain due and no refund is owed, subject to mandatory law.

9c. Administrative access

For support, security and legal compliance, the Operator may access organisations’ data through a reserved administration account. This access is read-only by default and every view is logged (date, organisation, screen viewed, masked IP address).

9e. Data protection and processing on behalf

The Operator processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR); see the Privacy page. For the data entered by the customer (tenants, contractors, occupants, photos), the Operator acts as a processor (art. 9 FADP / art. 28 GDPR): it processes them only on the customer’s instructions and to provide the service, ensures their confidentiality and security, uses the sub-processors listed on the Privacy page (the customer is informed of changes and may object by cancelling), assists the customer with requests from data subjects, returns or deletes the data at the end of the contract and reports data security breaches. The data entered by the customer is hosted in Switzerland; any new sub-processor is announced under section 10.

9f. Account deletion

Deletion of the account or organisation is requested from the account, after a new authentication. The account is closed immediately. An archive is kept for 14 days (period shown in the Administration if changed), during which the deletion can be cancelled. At the end of this period, the data and the archive are permanently deleted; they disappear from the backups at the latest 7 days later. The Operator keeps a minimal record of the closure (name, dates) and its accounting records for 10 years (art. 958f CO). The customer alone is responsible for exporting its data before the deadline.

9g. Data export

The customer may export its data at any time from its account, in an open format (JSON and CSV, with the uploaded files). No export is possible after permanent deletion.

9h. Cancellation by the customer

The customer may cancel its subscription at any time from its account, without notice. Cancellation takes effect at the end of the paid period; the service remains available until that date. Amounts paid are not refunded, neither in full nor pro rata (no pro-rata refund), including in case of cancellation, downgrade to a lower plan or non-use; a downgrade takes effect at the end of the period. At the end of the period, the account moves to the free plan if there is one; otherwise access is closed and the data are kept for 30 days, then deleted under the “Account deletion” clause. The customer may export its data until the end of the period.

9i. Promo codes and withdrawal

Unless stated otherwise, promo codes are reserved for new sign-ups, for the stated duration, plans, validity period and number of uses; they cannot be combined or exchanged for cash. The Operator may deactivate a code at any time; benefits already acquired remain due. Withdrawal: when the Operator offers it through a dedicated promo code communicated at sign-up, a customer who signs up with that code may withdraw within 30 days of the first payment, from Plan → Withdraw: that payment is refunded in full to the payment method used, through Stripe; the subscription stops immediately and the organisation returns to the free plan. Withdrawal is possible only once per customer. Outside this case, cancellation (section 9h) takes effect at the end of the paid period and the current period is not refunded.

9j. Inactive accounts

An account with no sign-in for 6 months is considered inactive. It is deactivated and archived after a notice sent by e-mail to its administrator at least 30 days in advance: access is closed, the data is kept and no automatic e-mail is sent any more. Signing in before the date given is enough to keep the account active. As long as it is archived, the account is restored on simple request, with all its data. It is deleted completely, with all its data, 6 months after it was archived, after a second notice by e-mail. An account with a running paid subscription is never archived automatically. The customer keeps a copy of their documents themselves; the export of their data is available in the application.

10. Changes to the terms

The Operator may change these terms. Any material change is announced at least 30 days before it takes effect, by e-mail to the administrators of client organisations and by a notice in the application; the new version, its effective date and the previous versions are published on this page. A purely editorial change, or one required by law or by an authority, may take effect earlier. A customer who refuses a change may cancel its subscription before the effective date (section 9h); cancellation takes effect at the end of the period already paid and the previous terms continue to apply until then. The new version is accepted by the organisation’s administrator in the application (section 12); failing that, continued use after the effective date constitutes acceptance.

11. Governing law and jurisdiction

Swiss law applies, excluding its conflict-of-law rules. Subject to mandatory jurisdictions, the exclusive place of jurisdiction is the Operator’s registered office stated in the legal notice.

12. Acceptance and proof

These terms are accepted on sign-up by ticking a mandatory box and then, for each new version, by the organisation’s administrator in the application, by ticking a box and confirming. Each acceptance is recorded with the organisation, the user, the version, a digital fingerprint (SHA-256) of the accepted text in the four languages, the date and time and the masked IP address. This record is authoritative between the parties unless proven otherwise. Published versions are never changed and remain available on this page.

13. Work orders, contractors and providers

Fixly sends the customer’s requests and work orders to its contractors and providers and tracks them; the Operator is not a party to any contract between the customer, its principals, its tenants and its contractors or providers. The choice of contractor, the order, prices, quotes and invoices, the quality, deadlines and warranty of the work, compliance with professional standards, safety rules and permits, the liability insurance of those involved and the payment of contractors are exclusively matters for the customer and the contractors; the Operator is not liable for them and does not check the qualifications, registration or insurance of contractors. Sending a work order (e-mail, link, PDF) guarantees neither its receipt, nor its reading, nor the performance of the work: the customer makes sure the contractor has confirmed, in particular through the acknowledgement of receipt, and follows up if necessary. Fixly is not an emergency service: in case of danger or urgent damage (major water leak, smell of gas, fire, heating failure in winter, risk to people), the customer and its tenants call the emergency services or an on-call contractor directly.

14. Spaces linked to Nexikos

For an organisation opened from or linked to Nexikos, access to Fixly is part of the Nexikos subscription: the Nexikos contract, its terms and prices take precedence, and these terms apply for the rest. The buildings and users of these spaces are managed in Nexikos; the end of the Nexikos contract or the removal of the link ends the access opened by Nexikos.

15. Force majeure

Neither party is liable for failure to perform its obligations caused by an event beyond its reasonable control, in particular natural disasters, war, terrorism, epidemics, decisions of an authority, general power or telecommunications outages, major failures of the hosting provider or cyberattacks of exceptional scale. The obligations concerned are suspended for the duration of the event, without compensation. If the interruption lasts more than thirty days, either party may terminate the contract with immediate effect.

16. Language

These terms are written in French, German, Italian and English. In the event of any discrepancy between these versions, the French version prevails.

17. Intellectual property

The Fixly software, its brand, interface, texts and graphic elements are the property of the Operator, holder of all intellectual property rights. The customer receives a non-exclusive, non-transferable right of use, limited to the term of its subscription and to normal use of the service; no other right is assigned. The data and documents entered by the customer remain its property (section 4).

Operator

legal notice

A daily backup of the entire site is performed by the hosting provider. Data entered since the last backup may be lost in the event of an incident; within the limits of the law we are not liable for it. Keep your own exports.

Last updated: 3 November 2026 (version 2026-11-03.1: section 3 — free services may be changed, limited or discontinued without notice; section 6 — in case of a major problem an interruption of several hours or days is possible, without refund; previous version 2026-11-01.1: new section 9j “Inactive accounts”; previous version 2026-10-27.1: section 5 “Backups” — daily backup performed by the hosting provider, section 9i “Promo codes and withdrawal”, section 17 “Intellectual property”, rights holder designated as the Operator, by reference to the legal notice). · Version 2026-11-03.1 · Privacy · Legal notice · Fixly 0.2.13