Fixory Subscription Terms

1. About these terms

1.1 These terms (the Terms) are between Ezone Repairs Nuneaton Limited, a company registered in England and Wales with company number 13990058, whose registered office is at 9 Harefield Road, Nuneaton, England, CV11 4HA (we, us, our), and the business that subscribes to Fixory (you, your).

1.2 Business customers only. Fixory is supplied only to businesses, for use in the course of their business. By subscribing, you confirm that you are acting for the purposes of your trade, business or profession, and not as a consumer. You expressly represent and warrant that you enter into these Terms solely for the purposes of your trade, business, craft or profession, and not as a consumer, and you acknowledge that consumer protection legislation (including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013) does not apply to these Terms. The person accepting these Terms for you also confirms this positively, by ticking a separate box: “I confirm that the business is entering into these Terms wholly or mainly for the purposes of its trade, business, craft or profession, and not as a consumer.”

1.2A Who may subscribe. You may be a company, a limited liability partnership, a partnership or a sole trader. Whichever you are, you may subscribe to Fixory, to Fixory Business (Schedule 2) and to any Add-on we offer, on these Terms, provided you are a business under clause 1.2. If you are a sole trader, you means you, the individual carrying on the business. If you are a partnership (other than a limited liability partnership), you means all the partners for the time being, each of whom is jointly and severally liable under these Terms, and any partner may accept these Terms and give instructions for the partnership.

(a) Changes of partners. The partnership remains bound by these Terms despite any change in its partners (a partner joining or retiring). A retiring partner remains liable for Fees and other obligations incurred up to the date they leave, until we release them in writing.
(b) Dissolution. If the partnership is dissolved, all its partners and former partners remain jointly and severally liable for Fees and other obligations outstanding. We may end access to Fixory by written notice, unless a remaining partner takes over these Terms, as a sole trader or as a new business, with our agreement in writing.

1.3 The person accepting these Terms confirms they have authority to bind the business.

1.4 The agreement is made up of these Terms, Schedule 1 (Data Processing Agreement), Schedule 2 (Fixory Business) where you subscribe for several shops under it, and the subscription details shown when you subscribe or in your account, including your plan, Add-ons and Fees (your Subscription Details). If there is a conflict: Schedule 1 prevails on the processing of personal data; Schedule 2 prevails over the rest of these Terms on the matters it covers; otherwise these Terms prevail over the Subscription Details.

1.5 How the agreement is formed. The agreement is formed when your first administrator, on setting their Fixory password, confirms that they accept these Terms on behalf of your business. We record the version of the Terms accepted and when.

2. Definitions

In these Terms:

Fixory or the Service: the hosted point-of-sale, repair, inventory and business-management software we provide as a service over the internet under the Fixory name, including any Add-ons you subscribe to.
Add-on: an optional feature we offer for a separate or additional fee, including Fixory AI.
Fixory AI: the optional AI features described in clause 8.
Authorised Users: your staff and other individuals you allow to use Fixory under your account.
Your Data: all data, including personal data, that you or your Authorised Users enter into, upload to, or generate through Fixory, including data about your customers and staff.
AI Output: text, suggestions, assessments or other content that Fixory AI generates for you.
Fees: the subscription charges for your plan and Add-ons, as shown in your Subscription Details.
Month: each monthly billing period of your subscription.
Business Day: a day other than a Saturday, Sunday or public holiday in England.
Data Protection Law: the UK GDPR, the Data Protection Act 2018 and any other law relating to personal data that applies in the United Kingdom, as amended from time to time (including by the Data (Use and Access) Act 2025, as commenced).

3. The Service

3.1 We will provide Fixory to you, for use by your Authorised Users, during your subscription, in accordance with these Terms.

3.2 Fixory is hosted by us (or our sub-processors) and accessed through a web browser. You do not install it.

3.3 What Fixory does. A description of Fixory’s features and plans is published at fixory.co.uk/features and fixory.co.uk/pricing. We may improve and change Fixory over time. We will give you at least 30 days’ notice of any change that materially reduces its functionality, and you may cancel before the change takes effect.

3.4 Availability. We will use reasonable care and skill to provide Fixory, but we do not promise that it will be uninterrupted or error-free, and we do not offer an uptime guarantee or service credits. We may suspend Fixory for planned maintenance (with notice where reasonably possible), security or reasons outside our control.

3.5 Support. We provide support by email on Business Days, at [email protected]. We will use reasonable efforts to respond within one Business Day.

3.7 Services you connect. Fixory can connect to some services you hold with other providers, such as Stripe (for taking payments) and Xero (for accounting). To use one, you sign in to it with your own account and credentials, under that provider’s own terms. We only provide the connection: we are not a party to your contract with that provider and are not responsible for its service. Data that Fixory sends to it at your instruction is sent to your own account there, and the provider is your supplier, not our Sub-processor.

3.6 Your responsibility for your business. Fixory is a tool. You remain responsible for your business decisions, your prices, your dealings with your customers, and your compliance with the laws that apply to your business (for example rules on second-hand goods dealing, right-to-work checks and record-keeping). Fixory’s features for recording seller identity checks, device checks, staff attendance or sponsor-worker records help you keep records; they do not carry out those legal duties for you.

4. Accounts and Authorised Users

4.1 We will set up your account and send your first administrator a one-use link to choose a password. Your administrators can add Authorised Users and set their roles and permissions.

4.2 You are responsible for:

(a) who you allow to use Fixory, and what permissions you give them;
(b) your Authorised Users’ use of Fixory, as if it were your own;
(c) keeping sign-in details confidential, and telling us promptly if you suspect unauthorised access;
(d) removing access for people who leave your business.

4.3 We may, for security or to protect Fixory or other customers, suspend an Authorised User’s access, and will tell you as soon as reasonably practicable.

5. Fees and payment

5.1 Subscription. Your subscription runs month to month and renews automatically at the start of each Month until it is cancelled or terminated under clause 13.

5.1A Yearly plans. If your Subscription Details show a yearly plan, your subscription runs for 12 months from its start date and then renews automatically for a further 12 months, unless either of us gives notice not to renew at least 30 days before the renewal date. The Fees for a yearly plan are payable yearly in advance. If you cancel part-way through a 12-month period for your convenience, no part of the Fees for that period is refunded, and you keep access until its end. If you terminate because of our uncured material breach (clause 13.5), we refund the Fees paid for the rest of the period. The Fees for a yearly plan do not change during a paid 12-month period: a change under clause 5.6 takes effect from the next renewal date.

5.2 Fees. You will pay the Fees for your plan and any Add-ons, as shown in your Subscription Details. Our current plans and prices are published at fixory.co.uk/pricing.

5.3 Payment. Fees are payable monthly in advance, at the start of each Month (or yearly in advance for a yearly plan, clause 5.1A), by bank transfer, quoting the invoice number as the payment reference.

5.4 VAT. We are not currently registered for VAT. If we register, VAT will be added to the Fees at the applicable rate from the date of registration, and we will tell you in advance.

5.5 Free trial. New subscriptions start with a 14-day free trial, free of charge. When the trial ends, Fixory becomes read-only until you start your paid subscription and pay the first Fees under clause 5.3: you can still view and download Your Data, but not add or change anything. We will email your administrators 7 days and 1 day before the trial ends. Ending the trial does not delete Your Data straight away: if you have not started your paid subscription within 30 days after the trial ends, your subscription ends and clause 14 applies, as if you had cancelled on the day the trial ended.

5.6 Price changes. We may change the Fees by giving you at least 30 days’ notice. You may cancel before the change takes effect. For a yearly plan, a change takes effect only from your next renewal date (clause 5.1A).

5.7 Late payment. If you do not pay an amount when due, we will send you a written reminder. If the amount is still unpaid 14 days after the reminder, we may suspend your access to Fixory (including your Authorised Users’ access) until it is paid. Suspension does not delete Your Data, and we will restore access promptly once the overdue amount is paid.

6. Your Data

6.1 You own Your Data. As between you and us, you own Your Data. You give us a non-exclusive licence to host, copy, process and display Your Data only as needed to provide Fixory to you, to meet our obligations under these Terms, and as required by law.

6.2 What we will not do with Your Data. We will use Your Data only to provide Fixory to you. We will not:

(a) use Your Data to train artificial intelligence or machine-learning models;
(b) share Your Data with any other customer of Fixory; or
(c) sell Your Data or use it for our own marketing.

6.3 Pooling features. We may in future offer features that combine information from several subscribing businesses. We will not include Your Data in any such feature unless you opt in under separate written terms.

6.4 Personal data. Schedule 1 (Data Processing Agreement) applies to the personal data in Your Data that we process for you. For that data, you are the controller and we are your processor.

6.5 Your responsibilities for Your Data. You are responsible for:

(a) having a lawful basis, and giving your customers and staff the privacy information the law requires, for the personal data you put into Fixory;
(b) the accuracy and lawfulness of Your Data;
(c) not entering data into Fixory that it is not designed to hold, including special categories of personal data (for example health information) and criminal-offence data, except where the law allows you to process it and it is necessary for your business.

6.6 Where Your Data is kept. We will store and process Your Data in the United Kingdom, except for data you send to Fixory AI, which is dealt with in clause 8.6.

6.7 Backups. We keep backups of Your Data for no longer than 30 days.

7. Our intellectual property

7.1 We (or our licensors) own all intellectual property rights in Fixory, including its software, design and documentation. Nothing in these Terms transfers them to you.

7.2 During your subscription we grant you a non-exclusive, non-transferable right for your Authorised Users to use Fixory for your internal business purposes, in accordance with these Terms.

7.3 You must not, and must not allow anyone else to:

(a) copy, modify, reverse-engineer or decompile Fixory, except to the extent the law does not allow this to be restricted;
(b) use Fixory to build a competing product;
(c) resell, sub-license or make Fixory available to anyone other than your Authorised Users;
(d) attempt to access other customers’ data or to bypass security or access controls;
(e) use Fixory for anything unlawful, or to send spam or malicious code.

7.4 Feedback. If you give us suggestions about Fixory, we may use them freely and without obligation to you.

8. Fixory AI

8.1 Optional. Fixory AI is an optional Add-on. It is only active for your account if you subscribe to it and it is switched on.

8.2 What it does. Fixory AI suggests things to your staff: for example draft customer messages, price suggestions for used devices, repair triage and appraisal findings. Your staff review suggestions and decide what to do. Fixory AI does not make decisions for you.

8.3 Suggestions can be wrong. AI Output may be inaccurate, incomplete or unsuitable. You are responsible for checking AI Output before relying on or using it, including before sending any message to a customer or agreeing any price.

8.4 You own AI Output. As between you and us, you own the AI Output generated for you, and we claim no rights in it.

8.5 No training. Clause 6.2 applies to Fixory AI: we do not use Your Data or AI Output to train AI models, and our AI supplier must not use them to train its models.

8.6 Where Fixory AI processes data. Fixory AI uses an AI model provider that processes data outside the United Kingdom. By switching Fixory AI on, you instruct us to send that provider the data needed to provide Fixory AI, and agree that it is processed outside the United Kingdom, as described in Schedule 1, clause 4.3, with the safeguards set out in Schedule 1, clause 4.2. The rest of Your Data stays in the United Kingdom under clause 6.6.

8.7 Pausing. We may pause Fixory AI for your account, or for all customers, where we reasonably need to (for example for security, cost or supplier reasons). If a pause lasts more than 48 hours and was not caused by your breach of these Terms, we will credit you a pro-rata share of the Fixory AI Fee for the period of the pause. If our AI supplier stops providing its service to us, we may end Fixory AI on the notice we receive from that supplier (and in any case as soon as we reasonably can), and clause 13.6 then applies as if we had given the notice it requires, with a refund of any Fixory AI Fees paid in advance for the period after it ends.

8.8 When Fixory AI ends. If Fixory AI stops for your account, your AI data is kept for 90 days in case you resume, and then deleted, except usage records.

9. Confidentiality

9.1 Each of us will keep confidential the other’s non-public business information that it receives under these Terms, and use it only for the purposes of these Terms, except where disclosure is required by law or the information is already public (other than through a breach of this clause).

10. Indemnities

10.1 Our intellectual property indemnity. If a third party claims that your use of Fixory in accordance with these Terms infringes its intellectual property rights in the United Kingdom, we will defend the claim and pay the damages and costs finally awarded against you (or agreed by us in settlement), provided that you:

(a) tell us promptly in writing about the claim;
(b) let us control its defence and settlement;
(c) give us reasonable help, at our cost; and
(d) do not admit liability or settle without our written agreement.

10.2 Our options. If such a claim is made or we reasonably think it likely, we may, at our choice and cost: modify or replace the affected part of Fixory so it no longer infringes; obtain the right for you to keep using it; or end your subscription and refund any Fees you have paid in advance for the period after termination.

10.3 Exclusions. Clause 10.1 does not apply to claims arising from Your Data, from your modification of Fixory, from combining Fixory with anything we did not supply, or from use not in accordance with these Terms.

10.4 Cap. Our liability under this clause 10 is subject to the cap in clause 11.4 and counts towards it.

10.5 Your indemnity. You will indemnify us against third-party claims, and the resulting losses, damages, costs and reasonable legal fees, arising from:

(a) Your Data, including any claim that you collected or used personal data unlawfully; or
(b) your or your Authorised Users’ use of Fixory in breach of these Terms or the law.

Your liability under this clause 10.5 is not subject to the cap in clause 11.5.

10.6 Clauses 10.1–10.3 are your only remedy for third-party intellectual property claims.

11. Limits on liability

11.1 What is never limited. Nothing in these Terms limits or excludes either party’s liability for:

(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.

11.2 Your obligation to pay the Fees is not limited by this clause 11.

11.3 Losses neither of us is liable for. Subject to clauses 11.1, 11.2 and 10.5, neither of us is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

(a) loss of profits, revenue or sales;
(b) loss of business, contracts or opportunity;
(c) loss of goodwill or damage to reputation;
(d) loss or corruption of data; or
(e) indirect or consequential loss.

11.4 Our total liability. Subject to clauses 11.1 and 11.3, our total liability to you arising out of or in connection with these Terms and Fixory, in any 12-month period, is limited to the greater of:

(a) the total Fees you paid to us in the 12 months immediately before the event giving rise to the claim; and
(b) £2,000.

This cap applies to all our liability, including under Schedule 1 (data protection) and clause 10.1.

11.5 Your total liability. Subject to clauses 11.1 and 11.3, your total liability to us, other than for Fees and under clause 10.5, is limited in the same way as ours in clause 11.4.

12. Suspension

12.1 We may suspend your access to Fixory:

(a) for non-payment, as set out in clause 5.7;
(b) immediately, where reasonably necessary to prevent or respond to a security threat, a serious breach of clause 7.3, or harm to Fixory or other customers. We will tell you why as soon as reasonably practicable and restore access once the reason has been dealt with.

13. Term, cancellation and termination

13.1 Term. Your subscription starts on the date in your Subscription Details and continues month to month (or, for a yearly plan, for successive 12-month periods under clause 5.1A) until cancelled or terminated under this clause.

13.2 Your right to cancel. You may cancel at any time by emailing [email protected]. Cancellation takes effect at the end of the Month you have already paid for, and you will not be charged for later Months. No refund is given for the rest of that Month. For a yearly plan, cancellation takes effect at the end of the 12-month period you have paid for, as clause 5.1A sets out.

13.3 We cannot end your subscription without a reason. We may end your subscription only under clause 10.2, 13.4 or 13.6.

13.4 Our right to terminate for cause. We may terminate your subscription by written notice if:

(a) Fees remain unpaid 30 days after your access was suspended under clause 5.7;
(b) you commit a material breach of these Terms and, if it can be remedied, do not remedy it within 30 days of our written notice asking you to; or
(c) to the extent the law allows, you become insolvent, enter administration, liquidation or a voluntary arrangement with creditors, or (if you are an individual or partnership) are made bankrupt, or anything equivalent happens.

13.5 Your right to terminate for cause. You may terminate immediately by written notice if we commit a material breach of these Terms and, if it can be remedied, do not remedy it within 30 days of your written notice. You may also terminate under Schedule 1 if you object to a new or replacement sub-processor. In either case we will refund any Fees you have paid in advance for the period after termination.

13.6 If we stop offering Fixory. We may stop offering Fixory (or an Add-on) to all customers by giving you at least 90 days’ written notice. We will refund any Fees you have paid in advance for the period after it stops, and clause 14 applies.

14. What happens when your subscription ends

14.1 When your subscription ends, your Authorised Users’ access ends, except as needed for clause 14.2.

14.2 Export window. For 30 days after your subscription ends, you may export Your Data.

14.3 Deletion. Within 30 days after the export window ends, we will delete Your Data from our live systems, unless the law requires us to keep it. Deletion is permanent; we do not keep an anonymised copy. Copies in backups are deleted as those backups expire, within 30 days (clause 6.7). If we ever restore a backup, we will delete your data from it again. On your written request, we will confirm in writing that deletion has been completed. Separately from Your Data, we keep our own records of your subscription, the payments you made and your acceptance of these Terms for 6 years after your subscription ends, as the law requires and to deal with any claims, and then delete them.

14.4 Clauses that by their nature should continue after the subscription ends (including clauses 6, 9, 10, 11, 14 and 16) continue in force.

15. Changes to these Terms

15.1 We may change these Terms by giving you at least 30 days’ notice by email. The notice will remind you that, if you do not wish to accept the changed Terms, you may end your subscription without penalty before the change takes effect. We will also ask you to accept the changed Terms in Fixory when you sign in. Where a change is needed sooner to comply with law or for security reasons, we will give as much notice as we reasonably can.

16. General

16.1 Events outside our control. Neither of us is liable for any delay or failure to perform these Terms (other than paying Fees) caused by events outside its reasonable control. The affected party will tell the other promptly and take reasonable steps to limit the effect. If such an event prevents performance for more than 30 days, either of us may terminate by written notice.

16.2 Assignment and subcontracting. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights and obligations, for example on a sale of our business, by giving you written notice; this does not affect your rights under these Terms. We may use sub-processors and subcontractors in accordance with Schedule 1 and remain responsible for them.

16.3 Notices. Notices under these Terms must be in writing and sent by email: to us at [email protected], and to you at the email address of your account’s main administrator (or another address you give us).

16.4 Entire agreement. These Terms (with Schedule 1 and your Subscription Details) are the whole agreement between us about Fixory. Neither of us relies on any statement not set out in them. Nothing in this clause limits liability for fraud.

16.5 Third parties. No one other than you and us has any right to enforce these Terms.

16.6 Severance and waiver. If any provision is found invalid, the rest continues in force. A delay in enforcing a right is not a waiver of it.

16.7 Governing law and courts. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Schedule 1 — Data Processing Agreement

Schedule 1 is the Fixory Data Processing Agreement, version 1.0, which forms part of these Terms.

Schedule 2 — Fixory Business (organisations of several shops)

Definitions. In this Schedule: Organisation means the group of your shops that we set up in Fixory under one Fixory Business subscription; Shop means each business location in your Organisation, with its own Fixory account; Owner means a person you designate in Fixory as an Owner of your Organisation.
Who the customer is. Where you subscribe to Fixory Business, you are the business that owns the Shops (a company, a limited liability partnership, a partnership or a sole trader, as in clause 1.2A), and these Terms apply to you for all the Shops in your Organisation. Each Shop’s data is kept separately in Fixory.
Owners. Your Owners alone have authority to bind you under these Terms, to ask us to add Shops to or remove them from your Organisation, and to change your billing settings. They also manage your staff’s access across all your Shops: giving staff access to a Shop, changing their role there, and choosing which Shop they sign in through. Each Shop’s administrators keep the rights in clause 4 for their own Shop.
One business only. An Organisation is limited to a single business (you) and its own Shops: one company, one limited liability partnership, one partnership or one sole trader. Corporate groups (several companies, even under common ownership or control) and independent franchises cannot share an Organisation under these Terms. Before we join a Shop, we check that it is run by you: for a company or a limited liability partnership, by its registration number at Companies House, which we record; for a sole trader, that every Shop is owned by the same named individual (for example, “Jane Smith trading as Smith Repairs”); for a partnership, that the partners shown on each Shop’s trading disclosures are the same.
Accepting these Terms. One acceptance by an Owner on your behalf binds you for every Shop in your Organisation. The acceptance reads: “I accept the Fixory Subscription Terms on behalf of {Business Name} (whether a company, LLP, partnership or sole trader) for all its current and future shops using Fixory, and I confirm I am authorised to bind the business.” For a sole trader or partnership, {Business Name} is the business’s legal name (for example, “Jane Smith trading as Smith Repairs”). We record the time, the IP address, the user and your registration number at Companies House where you have one.
Shops added or removed mid-period. “If a shop is added to or removed from an organisation mid-billing cycle, the adjusted subscription rate will take effect from the commencement of the next billing date. No pro-rata charges or partial refunds apply for the remainder of the current billing cycle.”
Fees. The Fees for your Organisation are shown in your Subscription Details: a monthly or yearly price for the number of Shops, or a price agreed with you by quote for more than 10 Shops. Clause 5 applies to them as to any other Fees, including clause 5.1A for a yearly plan and clause 5.6 for price changes.
A Shop leaving your Organisation. When a Shop is removed from your Organisation by us at your request (made through an authorised Owner), access to Fixory for that Shop’s personnel shall immediately terminate, unless the Shop enters into an independent Fixory subscription. The 30-day data export window shall commence on the effective date of such removal. Clauses 14.2 and 14.3 then apply to that Shop’s data as if its subscription had ended.