Terms of Service
FixWebCo | Last Updated: February 2026
Introduction
Welcome to FixWebCo. These Terms of Service ("Terms") govern your access to and use of FixWebCo's services, including website optimization, review management, customer communication, SEO services, CRM platform, SMS/text messaging services, and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Acceptance of Terms
By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
These Terms apply to individual users, business entities, and any person accessing the platform on behalf of a business.
2. Services Description
Core Services
- Website Development & Optimization: Professional website creation and maintenance (10–20 pages)
- Missed Call Text Back: Automated SMS response system
- 5-Star Review Management: Automated Google review collection and management
- On-Site SEO: Search engine optimization services
- Business Phone Number: Dedicated business phone services
- CRM/Mobile App: All-in-one customer relationship management system
Additional Features
- Automated customer communication workflows
- Performance reporting and analytics
- Google Business Profile optimization
- Customer engagement tools
3. Account Registration and Eligibility
Eligibility
You must:
- Be at least 18 years old
- Have the legal authority to enter into this agreement
- Operate a legitimate business
- Provide accurate and complete registration information
Account Security
You are responsible for maintaining the confidentiality of your credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. SMS/Text Messaging Terms — A2P 10DLC Compliance
This section governs all Application-to-Person (A2P) SMS messaging conducted through or enabled by our Services. These terms are designed to comply with CTIA Messaging Principles and Best Practices, carrier A2P 10DLC requirements, The Campaign Registry (TCR) guidelines, and the Telephone Consumer Protection Act (TCPA).
4.1 Program Description
FixWebCo's SMS services are used to send transactional, operational, and (where consent is obtained) marketing messages on behalf of registered businesses. Message types include:
- Service alerts and account notifications
- Appointment reminders and confirmations
- Review requests following customer interactions
- Promotional offers and business updates (marketing, with prior express written consent only)
- Customer communication responses
- System updates and security alerts
Message Frequency: Varies based on your service plan and customer interaction volume. Account holders may receive up to 10 messages per month for account notifications, plus additional messages based on configured customer engagement workflows. Marketing messages are subject to frequency settings you control.
Costs: Message and data rates may apply. Charges are determined by your mobile carrier. FixWebCo is not responsible for carrier charges.
4.2 Consent Requirements for Business Use
If you use our Services to send SMS messages to your customers, you bear full responsibility for obtaining and documenting lawful consent. Specifically, you must:
- Obtain prior express written consent (PEWC) before sending any marketing or promotional SMS messages
- Clearly disclose at the point of opt-in: your business name, the types of messages to be sent, expected message frequency, that "Message and data rates may apply," and how to opt out (reply STOP) and get help (reply HELP)
- Never send messages to individuals who have not affirmatively opted in
- Never purchase, rent, or use third-party contact lists for SMS campaigns
- Maintain records of all opt-ins, including timestamp, method of consent, and the exact disclosure language presented at the time of consent
- Ensure your opt-in process is compliant with TCPA requirements and applicable state laws (including California, Florida, and others with enhanced SMS regulations)
Prohibited Consent Methods: Consent obtained via pre-checked boxes, buried fine print, verbal-only agreements without written confirmation, or any other method that does not constitute clear affirmative action is not valid for A2P messaging purposes and is not permitted on our platform.
4.3 Opt-Out and Keyword Handling
You must honor all opt-out requests immediately and without condition. Our platform processes the following standard keywords automatically:
Keyword
STOP, END, CANCEL, UNSUBSCRIBE, QUIT
Action
Immediate opt-out; no further messages sent
Keyword
HELP
Action
Automated response with business name and support contact
Keyword
START, UNSTOP, YES
Action
Re-subscription (only if the user has previously opted out)
You must not:
- Send any messages after receiving a STOP request, except for a single confirmation of the opt-out
- Require customers to complete any additional steps before honoring an opt-out
- Treat opt-out requests differently based on message type or campaign
- Opt-out records are retained by FixWebCo indefinitely to prevent accidental re-messaging.
4.4 Prohibited Message Content
You may not use our SMS Services to send messages containing:
- Adult content, pornography, or sexually explicit material (unless operating a lawfully compliant age-gated platform with proper carrier approvals)
- Cannabis, marijuana, CBD, or related products (regardless of local legality), unless operating under a carrier-approved cannabis program
- Alcohol or tobacco marketing directed at minors
- Firearms, ammunition, or weapon sales
- Hate speech, harassment, threats, or discriminatory content
- Phishing links, malware, or fraudulent content
- Deceptive or misleading claims
- Content that violates federal, state, or local law
These restrictions align with CTIA SHAFT guidelines and carrier acceptable use policies. Violations may result in immediate campaign suspension and account termination.
4.5 Campaign Registration
To send A2P messages through our platform, your business may be required to register a Brand and Campaign with The Campaign Registry (TCR) or equivalent carrier registration system. By using our SMS Services, you:
- Authorize FixWebCo to register your brand and campaign information (including business name, EIN, website, use case, and sample messages) with TCR and relevant carriers on your behalf
- Represent that all information provided for registration is accurate, complete, and up to date
- Acknowledge that carriers may approve, reject, or suspend campaigns based on their own review criteria
- Understand that registration does not guarantee message delivery and that carrier filtering may still apply
- You are responsible for keeping registration information current. Outdated or inaccurate registration data may result in carrier filtering, throughput restrictions, or campaign suspension.
4.6 Supported Carriers and Delivery
Our SMS services support major US carriers including AT&T, T-Mobile, Verizon, and others. International numbers and some regional carriers may not be supported. FixWebCo does not guarantee message delivery and is not liable for failed, delayed, or undelivered messages caused by network issues, carrier outages, device settings, or carrier filtering.
5. User Obligations and Acceptable Use
You Agree To:
- Provide accurate business and contact information
- Use the Services only for lawful business purposes
- Comply with all applicable laws and regulations
- Maintain security of your account
- Pay all fees on time
- Honor all customer opt-out requests immediately
- Use SMS services responsibly, ethically, and in compliance with Section 4
You Agree NOT To:
- Send spam, unsolicited, or bulk messages
- Send messages containing illegal content, threats, harassment, or hate speech
- Impersonate any person or entity
- Send phishing attempts or malicious links
- Violate privacy laws (TCPA, GDPR, CASL, etc.)
- Scrape, data mine, or harvest information from our platform
- Interfere with or disrupt the Services
- Reverse engineer or attempt to access our source code
- Share or resell account access
- Use the Services in any way that could harm FixWebCo, other users, or consumers
TCPA Compliance (United States)
- If you send messages to US customers, you must:
- Obtain prior express written consent before sending marketing messages
- Maintain documented records of that consent
- Include clear opt-out instructions in every message
- Honor opt-out requests immediately
- Not send messages to numbers on the National Do Not Call Registry for marketing purposes
You are solely responsible for TCPA compliance. FixWebCo provides tools to support compliance but is not liable for your violations or the violations of any third party acting on your behalf.
6. Fees and Payment
Fees are based on your selected service plan and are due in advance (monthly, quarterly, or annually). All fees are non-refundable unless otherwise stated. We use Stripe for secure payment processing and you authorize us to charge your payment method on file.
Price Changes: We will provide 30 days' notice before any price changes. Changes apply to renewals, not current billing periods. You may cancel before renewal if you disagree with new pricing.
Late Payments: Accounts with overdue balances may be suspended. A late fee of 1.5% per month (or the maximum allowed by law) may apply. Services will be restored upon full payment.
Refund Policy: Services are generally non-refundable. Refunds may be issued at our sole discretion. No refunds are issued for partial months or unused services.
7. Data Ownership and Usage
You retain all ownership rights to your business data. You grant us a limited license to use your data solely to provide the Services. You are responsible for the accuracy, legality, and proper consent basis of any customer contact data you upload or use through our platform.
FixWebCo retains all rights to the platform, software, and underlying technology. Analytics and aggregated, de-identified data may be used for service improvement. We implement industry-standard security measures; however, you are responsible for securing your account credentials. We are not liable for data breaches resulting from your negligence.
8. Intellectual Property
All content, features, functionality, trademarks, logos, and technology related to our Services are owned by FixWebCo and protected by applicable intellectual property laws. You retain ownership of content you create using our Services and grant us a non-exclusive license to host and display that content as necessary to provide the Services.
You may not use our trademarks without written permission, copy or replicate our platform design or functionality, or create derivative works based on our Services.
9. Third-Party Services and Integrations
Our Services may integrate with third-party platforms (Google, Facebook, Stripe, etc.). We are not responsible for third-party services, their availability, or their practices. Third-party terms and privacy policies govern those services. We may discontinue integrations at any time. You must comply with all applicable third-party terms.
10. Service Availability and Modifications
We target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. We reserve the right to modify, suspend, or discontinue any aspect of the Services, update features, amend these Terms (with notice), or refuse service for legitimate business reasons.
11. Termination
Your Rights
You may terminate your account at any time by contacting [email protected], following the cancellation procedures in your dashboard, or providing 30 days' notice for annual contracts.
Our Rights
We may suspend or terminate your account for violations of these Terms (including Section 4), non-payment, fraudulent or illegal activity, actions that harm our business, other users, or consumers, or if we discontinue the Services.
Effect of Termination
Upon termination, your access to Services will cease. You remain liable for outstanding fees. We may delete your data per our retention policy. No refunds will be issued for prepaid services. Certain provisions of these Terms survive termination.
12. Warranties and Disclaimers
We warrant that our Services will perform substantially as described. This warranty does not cover issues caused by your misuse or negligence, third-party service failures, or specific business outcomes (rankings, review counts, etc.).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, SEARCH ENGINE RANKINGS, MESSAGE DELIVERY RATES, OR UNINTERRUPTED SERVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR $500, WHICHEVER IS LESS.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR DATA; SERVICE INTERRUPTIONS; THIRD-PARTY ACTIONS; YOUR VIOLATIONS OF LAW (INCLUDING TCPA VIOLATIONS); OR UNAUTHORIZED ACCOUNT ACCESS DUE TO YOUR NEGLIGENCE.
Some jurisdictions do not allow limitation of liability; these limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless FixWebCo, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, violation of any applicable law or regulation (including TCPA, CASL, and GDPR), infringement of third-party rights, content you submit or transmit, and your SMS marketing practices — including any claims from consumers, regulators, or carriers relating to your A2P messaging campaigns.
15. Compliance with Laws
You must comply with all applicable laws, including:
- TCPA (Telephone Consumer Protection Act) — United States
- CAN-SPAM Act — United States email marketing
- CTIA Messaging Principles and Best Practices — United States
- GDPR — EU/UK
- CASL (Canadian Anti-Spam Legislation) — Canada
- Privacy Act 1988 & Spam Act 2003 — Australia
- Local telecommunications and privacy laws
If using our Services from outside Italy/EU, you are responsible for compliance with local laws. We may disclose your information in response to lawful government requests or legal processes.
16. Dispute Resolution
Governing Law
These Terms are governed by the laws of Italy and the European Union.
Jurisdiction
EU Residents: Disputes will be resolved in the courts of Milan, Italy, or your local jurisdiction as required by EU consumer protection laws.
Non-EU Residents: You agree to the exclusive jurisdiction of the courts of Milan, Italy.
Mandatory Arbitration (US Customers)
US-based customers agree to resolve disputes through binding arbitration rather than in court, except for small claims court matters under $10,000.
Class Action Waiver
You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits.
17. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via email or dashboard notification with at least 30 days' notice. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services and may terminate your account.
18. General Provisions
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and FixWebCo.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Failure to enforce any right or provision does not constitute a waiver.
Assignment: You may not assign these Terms without our consent. We may assign them to affiliates or successors.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
Language: If these Terms are translated, the English version prevails in case of conflict.
19. Region-Specific Terms
RegionApplicable ProtectionsEU / Italy14-day cooling-off period; EU consumer rights; Italian Consumer Code; GDPRUnited StatesTCPA compliance is your sole responsibility; CCPA rights for California residentsUnited KingdomConsumer Rights Act 2015; UK GDPRSwitzerlandSwiss Consumer Protection Act; Swiss FADPCanadaCASL compliance required; provincial consumer protection lawsAustraliaAustralian Consumer Law; Spam Act 2003; Privacy Act 1988
20. Contact Information
FixWebCo — Legal Department
Email: [email protected]
Subject line: "Terms of Service Inquiry"
Website: fixwebco.com
Location: Via Mameli 25, Giussano, Italy
For SMS opt-out or compliance matters, reply STOP to any message or email [email protected] with subject "SMS Opt-Out Request."
By using FixWebCo's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Terms of Service
FixWebCo | Last Updated: February 2026
Introduction
Welcome to FixWebCo. These Terms of Service ("Terms") govern your access to and use of FixWebCo's services, including website optimization, review management, customer communication, SEO services, CRM platform, SMS/text messaging services, and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Acceptance of Terms
By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
These Terms apply to individual users, business entities, and any person accessing the platform on behalf of a business.
2. Services Description
Core Services
- Website Development & Optimization: Professional website creation and maintenance (10–20 pages)
- Missed Call Text Back: Automated SMS response system
- 5-Star Review Management: Automated Google review collection and management
- On-Site SEO: Search engine optimization services
- Business Phone Number: Dedicated business phone services
- CRM/Mobile App: All-in-one customer relationship management system
Additional Features
- Automated customer communication workflows
- Performance reporting and analytics
- Google Business Profile optimization
- Customer engagement tools
3. Account Registration and Eligibility
Eligibility
You must:
- Be at least 18 years old
- Have the legal authority to enter into this agreement
- Operate a legitimate business
- Provide accurate and complete registration information
Account Security
You are responsible for maintaining the confidentiality of your credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. SMS/Text Messaging Terms — A2P 10DLC Compliance
This section governs all Application-to-Person (A2P) SMS messaging conducted through or enabled by our Services. These terms are designed to comply with CTIA Messaging Principles and Best Practices, carrier A2P 10DLC requirements, The Campaign Registry (TCR) guidelines, and the Telephone Consumer Protection Act (TCPA).
4.1 Program Description
FixWebCo's SMS services are used to send transactional, operational, and (where consent is obtained) marketing messages on behalf of registered businesses. Message types include:
- Service alerts and account notifications
- Appointment reminders and confirmations
- Review requests following customer interactions
- Promotional offers and business updates (marketing, with prior express written consent only)
- Customer communication responses
- System updates and security alerts
Message Frequency: Varies based on your service plan and customer interaction volume. Account holders may receive up to 10 messages per month for account notifications, plus additional messages based on configured customer engagement workflows. Marketing messages are subject to frequency settings you control.
Costs: Message and data rates may apply. Charges are determined by your mobile carrier. FixWebCo is not responsible for carrier charges.
4.2 Consent Requirements for Business Use
If you use our Services to send SMS messages to your customers, you bear full responsibility for obtaining and documenting lawful consent. Specifically, you must:
- Obtain prior express written consent (PEWC) before sending any marketing or promotional SMS messages
- Clearly disclose at the point of opt-in: your business name, the types of messages to be sent, expected message frequency, that "Message and data rates may apply," and how to opt out (reply STOP) and get help (reply HELP)
- Never send messages to individuals who have not affirmatively opted in
- Never purchase, rent, or use third-party contact lists for SMS campaigns
- Maintain records of all opt-ins, including timestamp, method of consent, and the exact disclosure language presented at the time of consent
- Ensure your opt-in process is compliant with TCPA requirements and applicable state laws (including California, Florida, and others with enhanced SMS regulations)
Prohibited Consent Methods: Consent obtained via pre-checked boxes, buried fine print, verbal-only agreements without written confirmation, or any other method that does not constitute clear affirmative action is not valid for A2P messaging purposes and is not permitted on our platform.
4.3 Opt-Out and Keyword Handling
You must honor all opt-out requests immediately and without condition. Our platform processes the following standard keywords automatically:
Keyword
STOP, END, CANCEL, UNSUBSCRIBE, QUIT
Action
Immediate opt-out; no further messages sent
Keyword
HELP
Action
Automated response with business name and support contact
Keyword
START, UNSTOP, YES
Action
Re-subscription (only if the user has previously opted out)
You must not:
- Send any messages after receiving a STOP request, except for a single confirmation of the opt-out
- Require customers to complete any additional steps before honoring an opt-out
- Treat opt-out requests differently based on message type or campaign
- Opt-out records are retained by FixWebCo indefinitely to prevent accidental re-messaging.
4.4 Prohibited Message Content
You may not use our SMS Services to send messages containing:
- Adult content, pornography, or sexually explicit material (unless operating a lawfully compliant age-gated platform with proper carrier approvals)
- Cannabis, marijuana, CBD, or related products (regardless of local legality), unless operating under a carrier-approved cannabis program
- Alcohol or tobacco marketing directed at minors
- Firearms, ammunition, or weapon sales
- Hate speech, harassment, threats, or discriminatory content
- Phishing links, malware, or fraudulent content
- Deceptive or misleading claims
- Content that violates federal, state, or local law
These restrictions align with CTIA SHAFT guidelines and carrier acceptable use policies. Violations may result in immediate campaign suspension and account termination.
4.5 Campaign Registration
To send A2P messages through our platform, your business may be required to register a Brand and Campaign with The Campaign Registry (TCR) or equivalent carrier registration system. By using our SMS Services, you:
- Authorize FixWebCo to register your brand and campaign information (including business name, EIN, website, use case, and sample messages) with TCR and relevant carriers on your behalf
- Represent that all information provided for registration is accurate, complete, and up to date
- Acknowledge that carriers may approve, reject, or suspend campaigns based on their own review criteria
- Understand that registration does not guarantee message delivery and that carrier filtering may still apply
- You are responsible for keeping registration information current. Outdated or inaccurate registration data may result in carrier filtering, throughput restrictions, or campaign suspension.
4.6 Supported Carriers and Delivery
Our SMS services support major US carriers including AT&T, T-Mobile, Verizon, and others. International numbers and some regional carriers may not be supported. FixWebCo does not guarantee message delivery and is not liable for failed, delayed, or undelivered messages caused by network issues, carrier outages, device settings, or carrier filtering.
5. User Obligations and Acceptable Use
You Agree To:
- Provide accurate business and contact information
- Use the Services only for lawful business purposes
- Comply with all applicable laws and regulations
- Maintain security of your account
- Pay all fees on time
- Honor all customer opt-out requests immediately
- Use SMS services responsibly, ethically, and in compliance with Section 4
You Agree NOT To:
- Send spam, unsolicited, or bulk messages
- Send messages containing illegal content, threats, harassment, or hate speech
- Impersonate any person or entity
- Send phishing attempts or malicious links
- Violate privacy laws (TCPA, GDPR, CASL, etc.)
- Scrape, data mine, or harvest information from our platform
- Interfere with or disrupt the Services
- Reverse engineer or attempt to access our source code
- Share or resell account access
- Use the Services in any way that could harm FixWebCo, other users, or consumers
TCPA Compliance (United States)
- If you send messages to US customers, you must:
- Obtain prior express written consent before sending marketing messages
- Maintain documented records of that consent
- Include clear opt-out instructions in every message
- Honor opt-out requests immediately
- Not send messages to numbers on the National Do Not Call Registry for marketing purposes
You are solely responsible for TCPA compliance. FixWebCo provides tools to support compliance but is not liable for your violations or the violations of any third party acting on your behalf.
6. Fees and Payment
Fees are based on your selected service plan and are due in advance (monthly, quarterly, or annually). All fees are non-refundable unless otherwise stated. We use Stripe for secure payment processing and you authorize us to charge your payment method on file.
Price Changes: We will provide 30 days' notice before any price changes. Changes apply to renewals, not current billing periods. You may cancel before renewal if you disagree with new pricing.
Late Payments: Accounts with overdue balances may be suspended. A late fee of 1.5% per month (or the maximum allowed by law) may apply. Services will be restored upon full payment.
Refund Policy: Services are generally non-refundable. Refunds may be issued at our sole discretion. No refunds are issued for partial months or unused services.
7. Data Ownership and Usage
You retain all ownership rights to your business data. You grant us a limited license to use your data solely to provide the Services. You are responsible for the accuracy, legality, and proper consent basis of any customer contact data you upload or use through our platform.
FixWebCo retains all rights to the platform, software, and underlying technology. Analytics and aggregated, de-identified data may be used for service improvement. We implement industry-standard security measures; however, you are responsible for securing your account credentials. We are not liable for data breaches resulting from your negligence.
8. Intellectual Property
All content, features, functionality, trademarks, logos, and technology related to our Services are owned by FixWebCo and protected by applicable intellectual property laws. You retain ownership of content you create using our Services and grant us a non-exclusive license to host and display that content as necessary to provide the Services.
You may not use our trademarks without written permission, copy or replicate our platform design or functionality, or create derivative works based on our Services.
9. Third-Party Services and Integrations
Our Services may integrate with third-party platforms (Google, Facebook, Stripe, etc.). We are not responsible for third-party services, their availability, or their practices. Third-party terms and privacy policies govern those services. We may discontinue integrations at any time. You must comply with all applicable third-party terms.
10. Service Availability and Modifications
We target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. We reserve the right to modify, suspend, or discontinue any aspect of the Services, update features, amend these Terms (with notice), or refuse service for legitimate business reasons.
11. Termination
Your Rights
You may terminate your account at any time by contacting [email protected], following the cancellation procedures in your dashboard, or providing 30 days' notice for annual contracts.
Our Rights
We may suspend or terminate your account for violations of these Terms (including Section 4), non-payment, fraudulent or illegal activity, actions that harm our business, other users, or consumers, or if we discontinue the Services.
Effect of Termination
Upon termination, your access to Services will cease. You remain liable for outstanding fees. We may delete your data per our retention policy. No refunds will be issued for prepaid services. Certain provisions of these Terms survive termination.
12. Warranties and Disclaimers
We warrant that our Services will perform substantially as described. This warranty does not cover issues caused by your misuse or negligence, third-party service failures, or specific business outcomes (rankings, review counts, etc.).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, SEARCH ENGINE RANKINGS, MESSAGE DELIVERY RATES, OR UNINTERRUPTED SERVICE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR $500, WHICHEVER IS LESS.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, OR DATA; SERVICE INTERRUPTIONS; THIRD-PARTY ACTIONS; YOUR VIOLATIONS OF LAW (INCLUDING TCPA VIOLATIONS); OR UNAUTHORIZED ACCOUNT ACCESS DUE TO YOUR NEGLIGENCE.
Some jurisdictions do not allow limitation of liability; these limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless FixWebCo, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, violation of any applicable law or regulation (including TCPA, CASL, and GDPR), infringement of third-party rights, content you submit or transmit, and your SMS marketing practices — including any claims from consumers, regulators, or carriers relating to your A2P messaging campaigns.
15. Compliance with Laws
You must comply with all applicable laws, including:
- TCPA (Telephone Consumer Protection Act) — United States
- CAN-SPAM Act — United States email marketing
- CTIA Messaging Principles and Best Practices — United States
- GDPR — EU/UK
- CASL (Canadian Anti-Spam Legislation) — Canada
- Privacy Act 1988 & Spam Act 2003 — Australia
- Local telecommunications and privacy laws
If using our Services from outside Italy/EU, you are responsible for compliance with local laws. We may disclose your information in response to lawful government requests or legal processes.
16. Dispute Resolution
Governing Law
These Terms are governed by the laws of Italy and the European Union.
Jurisdiction
EU Residents: Disputes will be resolved in the courts of Milan, Italy, or your local jurisdiction as required by EU consumer protection laws.
Non-EU Residents: You agree to the exclusive jurisdiction of the courts of Milan, Italy.
Mandatory Arbitration (US Customers)
US-based customers agree to resolve disputes through binding arbitration rather than in court, except for small claims court matters under $10,000.
Class Action Waiver
You agree to resolve disputes on an individual basis and waive the right to participate in class action lawsuits.
17. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via email or dashboard notification with at least 30 days' notice. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Services and may terminate your account.
18. General Provisions
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and FixWebCo.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Failure to enforce any right or provision does not constitute a waiver.
Assignment: You may not assign these Terms without our consent. We may assign them to affiliates or successors.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
Language: If these Terms are translated, the English version prevails in case of conflict.
19. Region-Specific Terms
RegionApplicable ProtectionsEU / Italy14-day cooling-off period; EU consumer rights; Italian Consumer Code; GDPRUnited StatesTCPA compliance is your sole responsibility; CCPA rights for California residentsUnited KingdomConsumer Rights Act 2015; UK GDPRSwitzerlandSwiss Consumer Protection Act; Swiss FADPCanadaCASL compliance required; provincial consumer protection lawsAustraliaAustralian Consumer Law; Spam Act 2003; Privacy Act 1988
20. Contact Information
FixWebCo — Legal Department
Email: [email protected]
Subject line: "Terms of Service Inquiry"
Website: fixwebco.com
Location: Via Mameli 25, Giussano, Italy
For SMS opt-out or compliance matters, reply STOP to any message or email [email protected] with subject "SMS Opt-Out Request."
By using FixWebCo's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
FixWebCo
Complete online growth systems for local businesses.
PRODUCTS
COMPANY
GET IN TOUCH
© 2026 FixWebCo. All rights reserved.
FixWebCo
Complete online growth systems for local businesses.
PRODUCTS
COMPANY
GET IN TOUCH
© 2026 FixWebCo. All rights reserved.