Terms of Service

Last updated: September 4, 2023

AGREEMENT TO TERMS

These Repair Terms of Service (the “Agreement”) apply generally to all repair services (the “Services”) and govern your use of the Services and the associated website (the “Site”). Fix Your Surface, Zolla Technologies, LLC (together with its officers, directors, managers, employees, successors, and assigns; the “Company”, “we”, “our”, or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

By accessing the Site, submitting your device for repair, or utilizing any of our Services, you confirm that you have read, understood, and agree to be bound by this Agreement and the terms in Terms of Use. If you do not agree with all of these terms, you are expressly prohibited from using the Site and Services and must discontinue use immediately.

Supplemental terms or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site or Services following the posting of any changes constitutes acceptance of those changes.

IMPORTANT NOTICE:

This Agreement contains a mandatory arbitration provision. By agreeing to this Agreement, you expressly agree to resolve any disputes through binding arbitration and waive specific rights to participate in a jury trial or class action. If you do not agree to arbitrate disputes as set out in this Agreement, you must not use our Services. Details of the arbitration provision are further outlined in the Dispute Resolution section of this Agreement.

Terminology and Interpretation

1. Clarifications: For the purpose of this Agreement:

• Company/Our/Us/We: Refers to both Fix Your Surface and Zolla Technologies, LLC, inclusive of their parent companies, subsidiaries, affiliates, representatives, employees, successors, and assigns. Except for Sections 14, 21, and 23, this definition also encompasses its System Operators.
• You/Your/Yourself: Denotes any individual or business entity availing our Services and any other party they might represent.
• Service Estimate: The document provided to you, which you agree to before the initiation of Services. It outlines the tasks to be performed and their estimated costs.
• Device: The specific eligible equipment, as mentioned in this Agreement and the Service Estimate, that we're authorized to service.
• Website: Our official online portal, accessible at https://www.fixyoursurface.com/.

Data Collection and Privacy Concerns

2. Acknowledgment of Data Practices: By using our Services or visiting our Website, you:

• Understand that we may employ various methods, such as cookies and web beacons, to gather information about you and your Device.
• Recognize that certain information may be mandatory for accessing our Services.
• Accept opportunities to share personal details with other users or entities.
• Agree to our Privacy Policy, which details our data collection, usage, and sharing practices. We urge you to review it thoroughly.

Given the inherent risks associated with online data transmission, you provide your personal details at your own discretion. If you believe your Device's passwords might have been compromised during our Service, we strongly recommend updating or resetting them immediately for security.

Ownership and Authority Assertions

3. Your Declarations: By seeking our Services, you:

• Assert that you either own the Device or possess the necessary authority to allow its inspection and repair.
• Understand that we may decline to offer Services if we believe you're neither the owner nor an authorized user of the Device.
• Confirm that any data or information you share with us isn't confidential or proprietary, either to you or any third party.

It's crucial for you to provide accurate representations, as they form the basis of our service agreement and ensure transparency in our interactions.

Permissions and Service Implications

4. Grant of Authority: By engaging with us, you:

• Permit us to carry out the Services outlined in the Service Authorization Estimate, adhering to this Agreement's terms.
• Explicitly allow the inspection and repair of your Device.
• Empower us to make changes to your Device as required to deliver the Services. Understand that these alterations might be permanent and irreversible.

It's essential to be aware that by authorizing us, you accept the potential lasting modifications to your Device as part of the service process.

Service Details and Implications

5. Nature of Services: Our Services encompass:

• Repair of your Device.
• Technical support related to the repair or optimization of your Device's usage.
• Assistance with the operating systems and software applications on your Device or those intended for it.
• Technology recycling, which might be governed by separate terms and conditions.

Parts Used: During the repair process, we might utilize new, rebuilt, reconditioned, or refurbished parts. These parts could be original components from the manufacturer or compatible non-original parts.

Warranty Implications: Our Services are distinct from any original manufacturer’s warranty that might be applicable to your Device. If your Device is still under the manufacturer's or any other warranty, be aware that our Services might void that warranty.

Service Availability and Conditions

6. Operating Hours and Locations: Our Services are accessible for all qualifying Devices during the operational hours of our store(s) and/or service center(s) as established by the System Operators.

Company Affiliation: If an individual is seeking Services on behalf of a company, they may need to provide specific identification details. This could include their role within the company, such as owner, member, partner, director, manager, employee, or agent.

Eligibility for Onsite or In-home Services: When scheduling onsite or in-home Services, availability is contingent upon:

1. The presence of our onsite or in-home Services in your geographical area.
2. The eligibility criteria outlined in this Agreement.

We retain the right to decline or cancel Services when deemed necessary. This includes situations where the location for the Service is deemed too remote or costly for our Service technicians to access.

Service Eligibility Criteria

7. Devices and Conditions: Devices that may be eligible for our Services encompass a wide range, including but not limited to cellular phones, laptops, tablets, gaming devices, televisions, printers, smart home products, and other devices as we may determine. The initiation and eligibility of Services for a device are contingent upon:

1. A thorough visual and physical examination of the device in question.
2. Verification that the device meets our service eligibility criteria, which we set at our sole discretion.
3. Assurance that no alterations or modifications have been made to the device that might render it ineligible or unsafe for our Services.

We reserve the right to determine the eligibility for onsite and in-home Services during the appointment scheduling phase. Final confirmation of eligibility will be based on the stipulations of this Agreement and will be ascertained at the specified Service location.

Back Up Responsibilities

8. Data Protection and Responsibility: It's crucial for you to back up all software and data stored on your Device. Additionally, ensure that you take necessary measures to delete, encrypt, or safeguard your data against unauthorized access. We won't be held accountable for any changes, loss, or damage to your hardware, software, data, or files, irrespective of the cause.

If we determine that you haven't taken adequate backup precautions, we may choose not to provide our Services. In the event of data loss or alteration, you'll be responsible for restoring and reconstructing any affected files, data, or programs. Please note that we don't consider data on your Device as confidential, and we aren't obligated to treat it as such.

Abandonment

9. Notification and Device Retrieval: Once the Services are completed, we will notify you that your Device is ready for collection. If, despite our attempts to reach out, you do not collect your Device or make arrangements for its return within ninety (90) days (or any longer duration mandated by law) post the completion of Services, your Device will be considered as abandoned and will become our property, in line with the relevant legal provisions.

In such cases, we reserve the right to handle or use the abandoned property as we see fit, adhering to the applicable legal guidelines. This might include selling the abandoned Device, with the proceeds being used to cover administrative and repair expenses.

Replacement Devices

10. Responsibility and Replacement: In line with this Agreement's stipulations about your duty to back up your data, we commit to ensuring the physical safety of your Device when it's with us for service, as mandated by applicable laws. If, in the rare event, your Device gets lost, stolen, or damaged while under our care for service, we will take the necessary steps to either repair your Device or replace it. The replacement will be of a similar type and quality, determined solely by our discretion, and could be either brand new or refurbished.

Limited Warranty Provisions

11. Scope of Warranty: The services, components, and any replacement devices provided under this Agreement are backed by a ninety (90) day warranty from the date of service completion, referred to as the "Limited Warranty." This warranty is governed by specific terms and exclusions detailed below.

A. Exclusions to the Warranty: The Limited Warranty does not cover devices that have been exposed to unintended moisture or liquid beyond the manufacturer's intended use, even if the services aimed to address such damage. It also excludes devices subjected to misuse, external damage, natural disasters, normal wear and tear that doesn't affect the device's intended functionality, battery leakage, or damage resulting from such leakage. Additionally, defects or damages resulting from mishandling, unauthorized repairs, or modifications are excluded. Devices that show signs of tampering, corrosion, excessive heat exposure, moisture, vibration, or any conditions beyond our control are not covered. The warranty only covers software services performed by us. Devices that have post-service software modifications by third parties, including software updates, unauthorized software installations, viruses, or malware, are not covered. The warranty is strictly non-transferable and does not apply to devices with altered or missing serial numbers.

B. Rights to Repaired or Replaced Components: Any device, part, or component that is replaced or repaired under this Agreement becomes our property, unless otherwise mandated by law. By accepting the service, you waive any ownership rights to these replaced or repaired items.

C. Warranty Claim Process: If a device that was repaired or replaced under this Agreement malfunctions within the ninety (90) day warranty period, you should return it to our designated store or service center for assessment. You will be responsible for any associated shipping costs. If our evaluation determines that the malfunction was due to faulty parts or service, or if the replacement device is found to be defective, we will carry out the necessary repairs at no additional cost to you.

D. Replacement Policy: For devices that are replaced, if we have conducted three (3) repairs covered by the warranty and a fourth (4th) repair becomes necessary within the warranty duration, we will provide a replacement for the device. This replacement may be either brand new or refurbished, based on our discretion. The warranty for the subsequent replacement device will remain valid for the remainder of the original ninety (90) day warranty period.

Disclaimer and Limitation of Liability

12. DISCLAIMER OF WARRANTIES: The limited warranty provided above outlines our complete obligations and your sole remedy concerning any work we perform or parts we supply in connection with the services for your device. The following disclaimers are applicable to the fullest extent allowed by law:

• You understand and agree that both the services and our website are provided "as is" and "as available". Any reliance or use of them is solely at your risk.
• We expressly disclaim all warranties and guarantees related to the services, whether they are express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as explicitly mentioned in this agreement.
• We do not guarantee that: (a) the services will meet your specific needs; or (b) the services will always be available, timely, reliable, free from errors, secure, or complete.
• Any advice or information, whether oral or written, that you receive from us does not create any warranty or representation not expressly stated in this agreement.
• We are under no obligation to provide ongoing support or maintenance for the services.
• Due to the disclaimers and limitations mentioned above, there might be situations where we cannot offer the services.
• Except for what's stated in this agreement, we have no other warranty obligations. Any claims, losses, liabilities, damages, costs, or expenses due to any failure to meet a warranty are solely your responsibility.

Limitation of Liability

13. LIMITATION OF LIABILITY: The limitations mentioned below are applicable to the fullest extent allowed by applicable law:

• We are not liable for any indirect, incidental, consequential, special, or exemplary damages resulting from your use or inability to use the services or the website. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses, even if we were informed of the potential for such damages.
• Our liability for any damages related to the services, whether based on contract, negligence, or other legal theories, will not exceed the greater of the fees you paid for the services or $100.00.
• We are not responsible for any loss, alteration, or corruption of your device, data, software, or files. Additionally, we are not liable for any failure to backup or receive your data or any other related issues.
• The above limitations apply even if the remedies under this agreement do not fulfill their essential purpose.

It's crucial to understand that these limitations are in place to define the extent of our responsibility and to protect us from claims that exceed the value of the services provided.

Modification of Agreement

14. MODIFICATION:

• We may update or change this Agreement at our discretion. If you continue to use the Services or Website after any modifications, it means you accept and agree to the changes.
• We have the authority to suspend or terminate your access to the Services or Website for reasons including, but not limited to, misuse, excessive use, or non-payment of any fees.
• We can adjust the scope or nature of the Services whenever we deem necessary.
• No third party, including agents, employees, dealers, or representatives, has the authority to alter this Agreement or make any commitments on our behalf concerning the Services.

It's essential to regularly review this Agreement to stay updated on any changes. Your continued use of our Services indicates your acceptance of any modifications.

Severability and Waiver

15. SEVERABILITY WAIVER:

• If any provision of this Agreement is deemed invalid or unenforceable, the intention is to adjust that provision to make it enforceable while preserving its original intent. If such modification isn't feasible, the provision will be excluded from this Agreement.
• Not enforcing any specific right or provision of this Agreement at any given time does not mean we waive that right or provision for the future.

Both parties understand and agree to the importance of each term, and the intention is to uphold each provision to the fullest extent permitted by law.

Meta-Data Collection

16. META-DATA:

• You acknowledge and consent to our collection of Meta-Data logs during the diagnostic evaluation. This collection aims to enhance the diagnostic tool's functionality and improve the symptom evaluation in the repair process.
• The collected data will be exclusively used by us to refine and advance this process. It may also be shared with our affiliated entities.
• We will not distribute, share, or disclose the collected data further without obtaining your explicit consent.
• Types of data that might be collected from your Device include, but are not limited to: Device phone number, Device model number, Device IMEI, Device serial number, settings of downloaded applications, and settings of host applications.

Your privacy is of utmost importance to us, and we commit to maintaining the confidentiality and security of the collected Meta-Data.

Arbitration Agreement

17. Initial Dispute Resolution: Most concerns regarding the Services can be resolved by contacting us at support@fixyoursurface.com. Before initiating any formal dispute resolution, you agree to first reach out to us and attempt to resolve the dispute informally.

A. Binding Arbitration

Any dispute, controversy, or claim related to these Terms of Use (collectively, “Disputes”) brought by either you or us will be exclusively resolved through binding arbitration. By agreeing to this, you understand that you are waiving the right to sue in court or have a jury trial. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, when applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, both available at the AAA website.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules. The arbitration may be conducted in various ways: in person, through document submission, by phone, or online. The arbitrator's decision will be in writing, but a statement of reasons will only be provided upon request by either party. The arbitrator must adhere to applicable law, and any award can be challenged if the arbitrator fails to do so.

Unless otherwise required by the AAA rules or applicable law, the arbitration will be held in Alameda County, California. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award given by the arbitrator.

If a Dispute proceeds in court rather than through arbitration, it will be prosecuted in the state and federal courts located in Alameda County, California. The Parties hereby consent to the personal jurisdiction of these courts and waive any defenses related to jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. Disputes must be brought within one (1) year after the cause of action arises.

If any part of this provision is deemed illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable. Such a Dispute will be decided by a court of competent jurisdiction within the courts listed above.

B. Restrictions

The Parties agree that any arbitration will be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• (a) No arbitration will be combined with any other proceeding.
• (b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures.
• (c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the public or other individuals.

C. Exceptions to Arbitration

If any part of this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable. Such a Dispute will be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

Class Action Waiver

18. Individual Claims Only: Building upon Section 17A of this Agreement, any claims that arise out of or after the termination of this Agreement must be pursued individually, not as a member or representative of a class, collective, or group action ("Class Action"). Both parties explicitly waive any right to participate in a Class Action. The arbitrator will not have the authority to consolidate similar claims or conduct any Class Action. The arbitrator also cannot award damages to anyone not directly involved in the arbitration. Any challenge to the enforceability or validity of this Class Action Waiver will be determined solely by a court of competent jurisdiction, not by an arbitrator. This Section 18 will remain in effect even if the Agreement is terminated or canceled.

Understanding of Rights: BOTH PARTIES ACKNOWLEDGE THAT THEY WOULD HAVE HAD THE RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY CHOOSE TO HAVE ANY CLAIMS RESOLVED INDIVIDUALLY THROUGH ARBITRATION. If any part of this Section 18 is deemed unenforceable, then the entirety of this Section 18 and the arbitration provision becomes null and void.

Claim Limitation

19. Time Limit for Claims: Any claim related to the Services must be initiated within one (1) year from the occurrence of the events leading to the claim. If a claim is not brought forward within this one (1) year timeframe, it will be permanently forfeited and cannot be pursued in the future.

Third-Party Content

20. Interaction with External Content: The Services might direct you to content, websites, products, or services offered by third parties ("third-party content"). We neither endorse nor are responsible for any third-party content, including its accuracy, reliability, or any other attribute. We are not liable for any harm or damages related to your interaction with third-party content. While third-party content is provided for your convenience, you engage with it at your own risk. It's essential to understand that our Agreement and Privacy Policy do not govern third-party content. Always review the terms and conditions of third-party providers when accessing their content or services.

Intellectual Property Rights

21. Ownership and Use of Intellectual Property: All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, related to the Services are the exclusive property of Our company. Any rights not explicitly granted to You in this Agreement remain with Us. If you provide feedback, suggestions, or ideas about the Services ("Ideas"), you acknowledge that such contributions are voluntary and without obligations on Our part. We are free to use, disclose, or implement these Ideas without any compensation or acknowledgment to You. Furthermore, the submission of Ideas does not restrict Us from using similar concepts or techniques that might have been previously known to Us or sourced from other parties.

Indemnification

22. Your Responsibilities: You commit to defend, indemnify, and hold Us, including our affiliates, officers, agents, and employees, free from any claims, damages, liabilities, losses, or expenses (including attorney fees) arising from: (a) Your misuse or inappropriate use of the Services; (b) Your breach of any terms in this Agreement; (c) Any violation by You of applicable laws or regulations; (d) Actions taken by You that are negligent or intentionally harmful; and (e) Any infringement by You on the rights, including intellectual property rights, of third parties. Should any such claim arise, We retain the right to take over the defense at Your cost, and You must provide full cooperation in such defense.

Assignment of Rights

23. Transferability: While You cannot transfer or assign any rights or licenses provided in this Agreement, We retain the right to do so without any limitations. Any efforts by You to transfer or assign rights in violation of this section will be considered null and void.

Entire Agreement & Jurisdiction

24. Comprehensive Agreement: This Agreement, along with any referenced documents, represents the complete understanding between You and Us regarding the Services, superseding any prior or simultaneous agreements or understandings.

Jurisdiction: Any disputes or interpretations arising from this Agreement will be governed by the laws of the State of California, without considering its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Misuse of Services & Website

25. Prohibited Actions: Users are strictly prohibited from engaging in the following actions while using the Services or Website:

• (a) Disrupting or interfering with the Services, Website, or any associated hardware, software, system, or network.
• (b) Harassing, threatening, stalking, or violating the privacy rights of others.
• (c) Accessing the Services or Website on a device without proper authorization.
• (d) Making unauthorized connections to any network, including wireless carriers.
• (e) Spreading viruses or harmful computer code that affects the functionality of the Services, Website, or other software/hardware.
• (f) Bypassing or tampering with any security or rights management features protecting the Services or Website.
• (g) Employing robots, spiders, or other automated means to access or use the Services or Website.

Exclusions from Technical Support Services

26. Limitations: Our technical support services come with certain limitations and exclusions. The following are areas or tasks that our support services do not cover:

• (a) Support for third-party software or services unrelated to Your Device.
• (b) Installation of third-party software or OEM drivers not officially supported by Your Device.
• (c) Addressing network coverage issues like dropped calls or data interruptions.
• (d) Over-the-air updates for operating systems, firmware, or certain software.
• (e) Diagnostic support that isn't directly related to Your Device.
• (f) Modifications to software provided by the Original Equipment Manufacturer ("OEM").
• (g) Hardware and equipment setup, repair, or maintenance.
• (h) Installation of applications that aren't officially sanctioned.
• (i) Support for enterprise-level software or industry-specific hardware/equipment.

Limitations on Technical Problem Resolution

27. Effort and Limitations: We are committed to providing quality services to our customers. However, there are certain limitations:

• (a) We will employ commercially reasonable efforts to address and resolve issues related to Your Device. This means that if, after exerting these efforts, we're unable to rectify the problem, we reserve the right to decline further action.
• (b) Sometimes, our ability to solve a problem is hampered by limited information from vendors, manufacturers, or developers. In cases where proprietary or other essential details are unavailable, we might not be able to address the issue.
• (c) On occasions, technical issues with Your Device may stem from unresolved errors by hardware or software vendors, manufacturers, or developers. If these third parties haven't provided a solution, we might not be able to resolve your specific problem.
• (d) Even if we can't resolve your issue due to the aforementioned reasons, you remain responsible for any fees or charges related to the services we provided.

Payment Terms

28. Payment Obligations: All fees for the services provided by us are due upon completion of the service unless otherwise specified.

• Accepted Payment Methods: We accept various payment methods, including credit cards, debit cards, and other electronic payment methods. The available payment methods will be indicated at the time of payment.
• Service Estimates: Before the initiation of any service, a Service Estimate will be provided outlining the tasks to be performed and their estimated costs. By agreeing to the Service Estimate, you commit to paying the specified amount upon completion of the service.
• Diagnostic Fee: The diagnostic fee, either $49 for standard or $89 for expedited service, is non-refundable and will be applied towards your repair. This fee covers the initial assessment of your Surface and the shipping costs.
• Additional Costs: In some cases, during the service process, additional issues may be identified that were not apparent during the initial assessment. Should this result in a change to the estimated cost, we will contact you for approval before proceeding.
• Late Payments: Payments not received within thirty (30) days of the service completion date will accrue interest at a rate of 3.5% per month or the highest rate permitted by applicable law, whichever is lower.

Refund and Warranty Policy

29. Service Satisfaction and Warranty: We strive to provide top-notch services to our customers. While we do not offer refunds for our services, we stand by the quality of our work. If you encounter any issues related to the service we provided, we offer a 90-day limited warranty on all repairs.

• Warranty Coverage: Our 90-day limited warranty covers any defects in materials or workmanship for the same issue that was serviced. If a part installed by us is found to be defective within the warranty period, or if the same issue recurs, we will provide warranty service at no additional cost.
• Non-refundable Services: Some services, due to their nature, are non-refundable. These include, but are not limited to, diagnostic fees, expedited service fees, consultation fees, and any service where the primary value is in the form of knowledge or advice.
• Warranty Exclusions: The warranty does not cover new damages unrelated to the original repair or issues caused by software problems. Any repairs done to the device after our service by someone else voids our warranty.
• Claiming Warranty: To claim the warranty, you must notify us within the 90-day period, detailing the issue you're facing. We will then assess and provide the necessary warranty service.

Contact Information

If you have any questions or comments about these terms, our practices, or your dealings with our services, please do not hesitate to contact us:

Phone: +1-415-903-0066
Website: https://www.fixyoursurface.com/contact
Email: support@fixyoursurface.com