Terms of Service

These Terms of Service ("Terms") are a contract between you and T21 Film Studio LLC, a California limited liability company, 1424 Infinity Way, Mountain View, CA 94043, USA ("FIXER", "we", "us"). Please read them carefully. They include a binding arbitration clause and a class-action waiver (section 20), which do not apply to consumers in the EU, the EEA, Switzerland or the UK.

1. What these Terms cover

One set of documents applies to all FIXER services (the "Services"):

• the FIXER web app at app.fixer-app.com and the website fixer-app.com;
• the FIXER mobile apps for iOS and Android;
• FIXER Premiere, our independent film site at premiere.fixer-app.com (and the older address fixer-premiere.com);
• our APIs (fixer.live, ns.fixer.live), e-mails, notifications and support.

The following documents are part of these Terms: the Community Guidelines, the Disclaimer and, for the mobile apps, the End User License Agreement. The Privacy Policy and the Cookie Policy explain how we handle personal data; please read them too. Older documents dated 2023 and 2024 (including drafts that mentioned "FIXER Escrow", "FIXER Payroll", a 3.4% fee or a Facebook app) are replaced by the documents named above and no longer apply.

By creating an account, clicking "Continue", "Sign up" or a similar button, buying a ticket or otherwise using the Services, you agree to these Terms. If you use FIXER for a company, you confirm that you are allowed to bind that company, and "you" also means the company.

2. Who can use FIXER

• You must be at least 18 years old and able to enter into a binding contract. This applies to every Service, including FIXER Premiere, which shows films for adults.
• You may not use the Services if you are located or ordinarily resident in a country or region subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea and the Crimea, so-called Donetsk People's Republic and so-called Luhansk People's Republic regions of Ukraine), or if you are on, or owned or controlled by someone on, a U.S. government list of prohibited or restricted parties (such as OFAC's Specially Designated Nationals List).
• You may not use the Services if we have previously closed your account for a breach of these Terms, unless we agree in writing.

3. What FIXER is (and is not)

FIXER is a professional network for the film and video industry. It lets people and companies build a profile, show their work (show reels, "drops", works, journal posts), find each other, talk, and — when both sides are verified — agree on paid work ("deals") and pay through the platform. FIXER Premiere presents independent films to viewers.

FIXER provides software. FIXER is not an employer, talent agency, staffing agency, bank, escrow agent or money transmitter, and it is not the producer of the projects users agree on through FIXER. We do not supervise the work users agree on, and we do not guarantee that any user will perform, pay, be available or be who they claim to be, beyond the verification checks described in section 6. Any contract for work is between the users who make it (section 9). FIXER's search, alerts and Assistant show deals and profiles that match what users enter, but FIXER does not negotiate, promise or procure work or engagements for any user and does not act as anyone's agent, manager or representative, except as the limited payment collection agent described in section 10.

4. Your account

• Give accurate information and keep it up to date. Use your real name (or, for a company, its real business name).
• Keep one personal account. A company account represents a business, not an individual.
• Keep your password and sign-in methods safe. You are responsible for everything done through your account. Tell us at once at support@fixer-app.com if you think someone else has access to it.
• You can sign up with e-mail and password or, on the web, with Google.
• You can delete your account at any time in Settings (web) or in the app. What happens to your data is described in the Privacy Policy.

5. Company accounts and teams

A company account can invite team members (roles: admin, manager, member). Members keep their own personal accounts. A member can join a company by invitation or by confirming a work e-mail on the company's verified domain.

• The company is responsible for the actions its members take on its behalf, including deals, messages, contracts and payments.
• Only the company account and its admins can sign contracts and pay. Anyone who acts for a company in deals must have a verified identity.
• A company can remove a member at any time; access for that company ends immediately. We keep an audit log of team actions.

6. Verification

Some features, including all deals and deal payments, are available only to verified users. "Deals never work without full verification" is a core rule of FIXER.

• Personal verification has four steps: (1) a code sent by SMS to your phone; (2) a card check — a one-time, non-refundable charge of US $0.99 to confirm that the card works (if you want to be hired, note that payouts currently require a U.S. Stripe payout account, see section 10); (3) a photo of a government ID (passport, national ID or driving licence); (4) a selfie holding that document. A FIXER staff member reviews steps 3 and 4 manually.
• Company verification additionally requires a business e-mail on the company's own domain (free e-mail services are not accepted) and the personal verification of the person who represents the company.
• You authorize us to check the information and documents you give us. We may refuse, pause or revoke verification if something does not match or looks fraudulent. A verification badge means only that these checks were passed at that time; it is not a guarantee of anyone's skill, honesty or performance.

7. Your content

"Content" means anything you post or send: profile details, photos, videos, show reels, drops, works and links, journal posts, messages, deals, applications, contracts, reviews and files.

• You keep ownership of your content.
• You give FIXER a worldwide, non-exclusive, royalty-free license to host, store, copy, transcode, resize, crop, create previews and thumbnails of, analyze (including with automated and AI tools, see section 8), display and distribute your content in order to operate, secure, improve and promote the Services. Promotion means showing content you made visible on FIXER inside the Services and in FIXER's own marketing of FIXER (for example a public profile or drop shown on our website or social channels). You can ask us to stop using a specific item in marketing at any time by writing to support@fixer-app.com.
• The license ends when the content is deleted from FIXER (when you delete it, or when your account is erased after your deletion request as described in the Privacy Policy), except for copies that other users already received (for example messages), content we keep as described in the Privacy Policy (for example contract and deal records, and content kept for legal claims or as evidence), and backup copies until they expire.
• Content you make public (your profile, drops, reels, works, journal, company page and the public business card at app.fixer-app.com/u/your-nickname) can be seen by other users and, for public cards and profiles, by people outside FIXER, including search engines and link previews.
• You promise that you own your content or have all the rights, licenses and consents needed for it — including from every person who can be recognized in it, from music and footage owners and from your clients or employers — and that it does not break the law or the Community Guidelines.
• When you import work (from a website, YouTube, Vimeo, IMDb, an Instagram export or files), you confirm before publishing that the work is yours or that you are credited on it and are allowed to show it. Imported items you do not publish are deleted automatically.
• YouTube. FIXER uses YouTube API Services to read the details of YouTube videos and channels that you import or link (for example titles, descriptions and thumbnails) and to play YouTube videos inside FIXER (for example in a smart reel). By using these features you agree to be bound by the YouTube Terms of Service.
• We may remove or hide content, limit its reach or suspend accounts if we believe the content breaks these Terms, the Community Guidelines or the law, or creates risk for users or for FIXER. We are not obliged to review content before it is posted.

8. AI features and automated tools

FIXER uses AI and automated tools, provided by third parties (currently Google Gemini, OpenAI and Amazon Web Services), for example to:

• fill in a draft profile from your text, files and links ("AI fill" / profile import) and to suggest titles, descriptions, professions and categories;
• power the Assistant, search and BrainMatch (matching people by a short phrase you write);
• build a "smart reel" from your videos;
• check uploads for explicit, illegal or unsafe content (moderation) and estimate whether media looks AI-generated;
• describe drops and reels so that they can be found in search.

AI output can be wrong. Always review suggestions before you publish them — you are responsible for what you publish. Suggestions are not professional, legal or financial advice. Automated moderation can make mistakes; if your content was hidden or removed and you think this was wrong, write to support@fixer-app.com and a person will review it.

How automated moderation works. Shortly after you post or change your profile photo, your "About me" text, a feed post, a journal post, a comment, a show reel or a drop video, it is checked automatically. Texts are checked by an AI model (Google Gemini or OpenAI), pictures by Google Gemini and videos by Amazon Rekognition. A BrainMatch phrase is checked before it is accepted, and a phrase that fails the check is refused. The checks look for sexual content (including any involving minors), explicit nudity, graphic violence, hate, harassment or threats, self-harm, illegal activity, and spam or scams. Depending on the category and how certain the check is, flagged content is either hidden or removed at once, or left visible until a moderator looks at it. Either way it goes to a FIXER moderator, who decides whether it breaks our rules and puts back anything hidden by mistake where that is possible. When content is hidden or removed, we e-mail you what we did, why, whether automated tools were involved and how to appeal (see section 16).

AI is an aid, not a decision-maker. Matches, search rankings and Assistant suggestions are only suggestions. FIXER does not use AI to decide who is hired or paid. Companies make their own hiring decisions and must not use FIXER's AI features as the only basis for a hiring decision, or where the law regulates automated employment decision tools (for example New York City Local Law 144, the Colorado AI Act, California's regulations on automated-decision systems in employment, Illinois law on AI in employment, or the EU AI Act), without meeting that law's requirements. When you use the Assistant or AI fill, you are interacting with an AI system.

AI content labels. When you upload media you must honestly declare whether it was filmed, AI-assisted or fully AI-generated. We may show this label, use it in filters and search, and correct it if our checks or reports show that it is wrong. Repeatedly mislabeling content breaks these Terms.

9. Deals and contracts between users

Who is who. In these Terms, the company (or client) is the party that orders and pays for the work — the business behind a FIXER company account (only fully verified companies can post deals, see section 6) — and the talent is the party that performs it.

How a deal works. A verified company posts a deal (work, budget, dates). Verified talent can apply. The company creates a contract in FIXER with a description, deadline and price. The contract names both parties, and each party sees the other's details: the company with the legal name and mailing address it enters when it creates the contract, and the talent with the name on its FIXER account and the mailing address it enters when it accepts; the contract PDF also records the price, the service fee and the total charged, the dates, the drawn signatures and the version of these Terms that applies to it. The contract becomes binding between the company and the talent when the talent signs it in FIXER (a drawn electronic signature) and accepts it, and FIXER confirms the acceptance. FIXER confirms it only after the company's card has been successfully charged (section 10). If the charge fails, the contract is not accepted and nothing is charged.

FIXER is not a party to contracts between users. The company and the talent are responsible for their own agreement: scope, quality, deadlines, rights, permits, insurance, safety on set, taxes, visas, union rules and how the relationship is classified (employee or independent contractor). "Company" and "talent" are only product labels; they do not decide employment status. Some freelance-work laws (for example California's Freelance Worker Protection Act, New York's Freelance Isn't Free Act, the Illinois Freelance Worker Protection Act and city ordinances in Los Angeles and New York City) require the hiring party to give the freelancer a written contract with specific information, such as both parties' names and mailing addresses, the services and their value, and how and when payment is made, and to keep it for several years. The company is responsible for meeting these requirements and should download the contract PDF from FIXER and keep it as long as the law requires.

Default terms. Unless the company and the talent agree otherwise in writing in the contract:

• the price is in U.S. dollars and is the full amount the company owes the talent for the described work. FIXER's service fee is not part of the price: the company pays it to FIXER on top of the price, as described in section 10, and the company and the talent cannot agree to remove it or move it to the talent;
• the talent delivers the described work by the deadline, and the company reviews a delivery within a reasonable time;
• copyright in the deliverables is not transferred automatically. The talent grants the company a worldwide, non-exclusive, perpetual, royalty-free license to use, copy, edit, publish and distribute the deliverables for the project described in the contract and its promotion, and to let the project's distributors, broadcasters, festivals and other partners do the same for that project. The license becomes irrevocable when payment for the deliverables is released to the talent (on completion, or the talent's share under a dispute decision); if a dispute decision releases nothing to the talent, the license ends and the company must stop using the deliverables. A broader transfer (assignment or "work made for hire") or an exclusive license must be written in the contract expressly;
• each party keeps the materials it had before the contract;
• the talent is responsible for third-party rights (music, stock footage and so on) included in the delivery, unless the company supplied that material;
• confidential information received for the project is used only for the project;
• the talent may show the finished work in its portfolio after public release, unless the contract says otherwise.

10. Payments for deals

Stripe. Payments on FIXER are processed by Stripe, Inc. and its affiliates ("Stripe"). Card details are entered into Stripe's secure fields; FIXER does not see or store full card numbers.

When the company pays. When the talent accepts a contract, the company's saved card is charged the contract price plus FIXER's service fee (see "FIXER service fee" below). The company authorizes FIXER and Stripe to make this charge when it creates the contract.

Payment collection agent. For each contract it accepts, the talent appoints FIXER as its limited payment collection agent: to accept the contract price from the company on the talent's behalf, to hold it until it is released under this section, and to return to the company any part of it that a dispute decision under this section, a cancellation agreed by both parties, or the law requires. When the company's payment to FIXER (through Stripe) succeeds, the company's obligation to pay the talent the contract price is met, as if it had paid the talent directly. FIXER then owes the talent the payout described below. FIXER's service fee is FIXER's own charge to the company for its services and is not collected on the talent's behalf. This is not escrow and the funds are not a deposit with FIXER.

When the talent gets paid. The talent submits the work in FIXER. The payment is released to the talent's Stripe account when the company confirms completion ("Finish"), or automatically by FIXER's daily run once 14 days have passed since the talent's latest submission, unless the company has confirmed or requested changes, or either party has opened a dispute (the time a dispute is open does not count toward the 14 days). If the company requests changes, the 14 days start again when the talent submits again. The company can request changes at most twice per contract; after that it can only confirm completion or open a dispute. Stripe then pays out to the talent's bank account according to Stripe's schedule.

Payouts through Stripe Connect. To receive payouts through FIXER, the talent must create a Stripe connected account and give Stripe the information it requires (for example legal name, date of birth, address, tax or social security number, bank account and an ID document). For now these accounts can be opened only in the United States: they need a U.S. address, a U.S. Social Security number and a U.S. bank account. Talent who cannot open one cannot yet be hired through FIXER deals, but can use the rest of the Services. Payment processing services for users who receive payouts are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to receive payouts through FIXER, you agree to the Stripe Services Agreement, as Stripe may modify it. As a condition of FIXER enabling payment processing services through Stripe, you agree to provide FIXER accurate and complete information about you and your business, and you authorize FIXER to share it and transaction information related to your use of the payment processing services provided by Stripe.

Disputes about a deal. If the company is not satisfied with the work, it must open a dispute with the dispute form on the contract before the payment is released. Either party (the company or the talent) can open a dispute on an accepted contract until the payment is released; an open dispute puts the payment on hold. Both sides may send evidence; the other party has 4 days to answer, after which FIXER staff decide on the information available. FIXER staff review the contract, messages and files and decide how the held payment is split between the talent and the company (for example 100/0, 50/50 or 0/100). The talent's share of the contract price is paid to the talent's Stripe account in full. The company's share of the contract price, plus the service fee on that share, is refunded to the card the company paid with (if that card can no longer receive the refund, we return it by another method agreed with the company). FIXER keeps the service fee only on the part paid to the talent. This decision only settles how the payment held through FIXER is released; it does not stop either party from pursuing other legal rights against the other.

FIXER service fee (15%). Every contract carries the service fee: the company (the party that orders the work) pays FIXER 15% of the contract price, on top of the price, on every contract — also when the company and the talent have worked together before, on FIXER or elsewhere. The talent receives the full contract price. Example: for a US $1,000 contract the company is charged $1,150, the talent receives $1,000 and FIXER keeps $150. The fee and the total are shown to the company before it creates the contract, and the talent sees that it receives the full price before accepting. The fee is kept only on amounts released to the talent: if a dispute ends with only part of the price released to the talent, the fee on the rest is returned to the company together with that part, and if everything is returned to the company, FIXER keeps nothing. The only exception is a contract created before FIXER introduced the service fee (for such a contract, the company's contract screen and the contract PDF show no service fee): the company pays only the contract price for it, with no fee, and the talent receives that price. The exception covers only that contract; every later contract carries the fee, also between the same company and talent.

The service fee pays for the platform: verification, contract tools, payment processing (FIXER pays Stripe's processing costs out of its fee), holding and releasing payments, and dispute handling. It is paid by the party that buys the services, not taken from the talent's pay. We may change the fee only for contracts created after the change, with notice as described in section 11.

Refunds, chargebacks and holds. A refund to the company is made only through a dispute decision, a cancellation agreed by both parties, or where required by law. If a payment is reversed by the company's bank (a chargeback) after the talent was paid, we may recover the amount from the talent's future payouts to the extent Stripe and the law allow. We may delay, hold or refuse a payment or payout if we reasonably suspect fraud, a breach of these Terms, a legal requirement or an open dispute.

Taxes. Each user is responsible for their own taxes. We and Stripe may collect tax information and issue tax forms where the law requires.

Keep payments on FIXER. Payments for deals agreed on FIXER must go through FIXER. Do not ask for or offer payment outside FIXER for work agreed through a FIXER deal, including to avoid the service fee, verification or dispute protection. We may suspend accounts that do this.

11. Paid features and pricing

Creating an account and using the main features of FIXER is currently free; FIXER earns the service fee on deals described in section 10.

New paid features. FIXER may introduce paid features and services at any time — for example subscriptions or plans, premium or AI tools, extra storage or longer videos, promoted profiles, deals or placements, credits, and fees for specific services — and may change prices. We will announce them in the Services. Before you pay for anything, we show the price, what it includes, the billing period and whether it renews automatically. We never charge you for a paid feature unless you agree to it.

Changes. If we make a feature you use for free paid, raise a price, or change a fee, we will tell you in the Services or by e-mail at least 30 days before the change affects you. A change never applies to periods you have already paid for or to deal contracts already created. The notice periods in this paragraph and in section 21 do not delay the 15% service fee in section 10: it applies to every new deal contract, also for accounts created earlier and between users who have worked together before. Before creating each contract, the company is shown the fee and the total, and by creating the contract it agrees to them for that contract.

Paid features on the web are paid through Stripe. Subscriptions renew automatically at the end of each billing period until you cancel them in Settings; you can cancel online at any time, and the cancellation takes effect at the end of the paid period. Before a free trial ends or an annual plan renews, we will remind you as the law requires. Payments are non-refundable except where the law requires otherwise or we say so at purchase.

Purchases in the mobile apps (for example a subscription or credit packs) are sold through the Apple App Store or Google Play and billed by Apple or Google under their terms; prices are shown in the store before you pay. Subscriptions renew automatically until you cancel them in your App Store or Google Play account settings at least 24 hours before the renewal date. Refunds for these purchases are handled by Apple or Google under their policies.

Credits have no cash value and cannot be transferred or exchanged for money.

12. FIXER Premiere

Tickets. A ticket for a film gives you a personal, non-exclusive, non-transferable license to stream that film for private, non-commercial viewing, through the personal access link we show after payment (and send to your e-mail where this is available; you can always get it again on the "My access" page). Access lasts for as long as the film is available on FIXER Premiere. If we stop showing a film, we will tell ticket holders by e-mail at least 30 days before where we can, and if this happens within 12 months after your purchase we will refund your ticket on request. The price at checkout is the full price; there is no subscription and no automatic renewal. Payments are processed by Stripe.

Rules. You may not share, sell or publish your access link; download, record, copy, re-stream or publicly screen a film; bypass access controls; or show a film to anyone under 18. We may suspend a link that is misused (for example opened by many different people).

Refunds. If you cannot watch a film you paid for because of a technical problem on our side that we cannot fix, write to support@fixer-app.com and we will refund the ticket. A fully refunded ticket, or one whose payment is reversed by a chargeback, no longer gives access. This does not limit your rights under consumer law.

Right of withdrawal (EU, EEA and UK consumers). If you are a consumer in the EU, the EEA or the UK, you can withdraw from a ticket purchase within 14 days for a full refund until you start streaming. Before a ticket first plays, we ask you to confirm, for that ticket, that you want streaming to start now and that you then lose the right of withdrawal. We save the time of your confirmation on your purchase and e-mail you a confirmation. Until you have confirmed, the film does not play. To withdraw before that, tell us clearly, for example by e-mail to support@fixer-app.com from the e-mail address you paid with. You may use this model withdrawal (cancellation) form, but you do not have to: "Model withdrawal form (complete and return this form only if you wish to withdraw from the contract). To T21 Film Studio LLC, 1424 Infinity Way, Mountain View, CA 94043, USA, support@fixer-app.com: I hereby give notice that I withdraw from (cancel) my contract for the supply of the following digital content: [film title]. Ordered on: [date]. Name of consumer: [your name]. Address of consumer: [your address]. E-mail used for the purchase: [e-mail]. Signature of consumer (only if this form is sent on paper). Date: [date]." To meet the deadline, it is enough to send your message before the 14 days end. We refund the full price without undue delay and within 14 days after we receive your withdrawal, to the payment method you used, at no cost to you.

Donations are voluntary gifts to T21 Film Studio LLC, the for-profit company that runs FIXER Premiere and makes independent films such as "La Plage"; we decide how to use them. A donation is not a gift to a charity, is not tax-deductible as a charitable contribution, and gives no ownership, profit share, repayment, screen credit or other rights. Donations do not buy access to a film and are not refundable, except for an obvious error or where the law requires.

Mature content. Films on Premiere are independent works that may contain strong language, drug use, violence and sexual content. Their views are those of their creators. Viewer discretion is required.

Filmmakers. Submitting a film through the Premiere form does not oblige us to list it and does not by itself create any payment obligation. A film is listed only under a separate written agreement that sets out the license, territory, term and any revenue share. You confirm that you hold all rights in any film and materials you submit.

13. Acceptable use

In addition to the Community Guidelines, you must not:

• break the law, or use FIXER to harass, threaten, discriminate against, defraud or impersonate anyone;
• post sexual content involving anyone under 18 (real or fictional), non-consensual intimate images, pornography, or explicit sexual content or nudity on the network (mature independent films that we list on FIXER Premiere may contain scenes of a sexual nature, but we do not list pornography);
• upload content you do not have the rights to, or remove copyright or other notices;
• scrape, crawl, harvest or bulk-download data from FIXER, or use bots or scripts to access the Services, except through interfaces we provide;
• send spam or unsolicited advertising, or collect users' contact details for purposes unrelated to FIXER;
• create fake accounts, fake reviews, fake verification documents or fake deals;
• interfere with the Services: probe, test or breach security, overload our systems, spread malware, or reverse-engineer our software except where the law allows;
• mislabel AI-generated content as filmed content.

14. FIXER's rights

The Services, our software, design, the FIXER and FIXER Premiere names and logos, and T21 Film Studio's own films belong to us or our licensors. We give you a limited, personal, revocable, non-transferable license to use the Services according to these Terms. If you send us ideas or feedback, we may use them without any obligation to you.

15. Reporting content: copyright, intimate images and other illegal content

You can report any content or account with the report button or by e-mail to support@fixer-app.com. Our point of contact for users and for authorities (including under the EU Digital Services Act) is support@fixer-app.com; we communicate in English.

Copyright (DMCA)

If you believe content on FIXER infringes your copyright, send a notice to our copyright agent:

T21 Film Studio LLC — Attn: Copyright Agent
1424 Infinity Way, Mountain View, CA 94043, USA
E-mail: support@fixer-app.com (subject "DMCA")

The notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material and its location on FIXER (links); your contact details; a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner. We will remove or disable access to the material and notify the user. A user whose content was removed may send a counter-notice with the information required by 17 U.S.C. § 512(g). We close the accounts of repeat infringers.

Intimate images shared without consent

If an intimate image or video of you (including an AI-generated one) was published on FIXER without your consent, you — or someone authorized to act for you — can send a removal request to support@fixer-app.com with the subject "Take It Down". Include the physical or electronic signature of the person shown or of their authorized representative, a link or description that lets us find the content, a short statement that the person shown believes in good faith that it was published without their consent (with any information that helps us confirm this), and how we can contact the person shown or their representative. We remove the content named in a valid request as soon as possible and no later than 48 hours after we receive the request and make reasonable efforts to remove known copies, as the U.S. TAKE IT DOWN Act requires.

Child sexual abuse material

We remove child sexual abuse material as soon as we become aware of it, preserve it as the law requires and report it to the National Center for Missing & Exploited Children (NCMEC), which makes reports available to law enforcement, and, where appropriate, to law enforcement directly.

Other illegal content

To report other content you believe is illegal, tell us where it is (link), why you believe it is illegal, and your name and e-mail (not required for reports of child sexual abuse material), and confirm that your report is accurate and made in good faith. We confirm receipt (in the app, or by e-mail when you write to us), review the report without undue delay, and tell you our decision and how you can challenge it.

16. Suspension and termination

You can stop using FIXER and delete your account at any time. We may suspend or close your account, remove content or limit features if you break these Terms, if we must do so by law, if your account creates risk or harm for others or for FIXER, or if your account has been inactive for a long time. When we remove or restrict your content or account, we tell you what we did and why — the rule or law concerned, the facts, and whether automated tools were involved — unless the law or safety prevents it. You can appeal a decision within 6 months by writing to support@fixer-app.com; a person reviews it again and tells you the result. If you are in the EU, you can also refer the decision to a certified out-of-court dispute settlement body under Article 21 of the EU Digital Services Act, or go to court. Closing an account does not cancel money already owed to a talent for completed work or to a company after a dispute decision; it is still paid out under section 10, and only the reasons described there (for example an open dispute, suspected fraud or a legal requirement) can hold, reduce or stop it. Sections that by their nature should survive (for example 7, 10 on amounts owed, 14, 15, and 17 to 22) survive termination.

17. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Services will be uninterrupted or error-free, that AI suggestions, matches or search results are accurate, or that any user, film, profile or deal is suitable for you.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIXER AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) US $100 OR (B) THE AMOUNTS YOU PAID TO FIXER ITSELF (NOT AMOUNTS PAID TO OR FOR OTHER USERS) IN THE 12 MONTHS BEFORE THE CLAIM. These limits do not apply to our obligation to pay out amounts we collected for you under section 10 or amounts decided in a dispute, or to our fraud, gross negligence or willful misconduct, to death or personal injury caused by our negligence, or to liability that cannot be limited under applicable law. Some jurisdictions do not allow these limits, so they may not fully apply to you.

19. Indemnity and release

You will defend and indemnify FIXER against third-party claims arising from your content, your deals and work with other users, your tax or employment obligations, or your breach of these Terms or the law, except to the extent caused by our own misconduct. Because FIXER is not a party to contracts between users, you release FIXER from claims arising out of disputes with other users about their work or conduct, except claims that we failed to meet our own obligations under these Terms and claims based on our own fraud, gross negligence, willful misconduct or violation of law. If California Civil Code section 1542 applies, you waive it for this limited release only. Section 1542 says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

20. Disputes with FIXER: governing law and arbitration

Governing law. These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules.

Talk to us first. Before starting a formal claim, e-mail support@fixer-app.com with a description of the problem. We both agree to try to resolve it informally for at least 30 days.

Arbitration. If we cannot resolve it, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA). If you are an individual (including an individual who uses FIXER as talent, or a sole proprietor who uses a company account), the AAA Consumer Arbitration Rules apply. If you use FIXER for a business entity, such as a corporation or an LLC, the AAA Commercial Arbitration Rules apply. In either case, the AAA may decide that other AAA rules apply. The arbitration will take place in Santa Clara County, California, or by video, or in your home county if the AAA rules require. The Federal Arbitration Act governs this clause. If you are an individual, we pay all AAA filing, administrative and arbitrator fees, whichever AAA rules apply. The only exception is the AAA filing fee: you pay it up to the amount you would have paid to file the same claim in court. The arbitrator may shift fees to you only if your claim is found to be frivolous or brought for an improper purpose.

Exceptions. Either of us may bring an individual claim in small-claims court, and either of us may ask a court for an injunction to protect intellectual property or the security of the Services.

No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding. If this class waiver is found unenforceable for a claim, that claim will be decided in court, not in arbitration. Nothing in these Terms waives a right to seek public injunctive relief that California law does not allow to be waived; such a claim will be decided by a court, after the individual claims in arbitration are resolved.

Changes to this section. If we change this section 20, the change does not apply to claims that arose before the change took effect.

30-day opt-out. You may opt out of this arbitration agreement by e-mailing support@fixer-app.com (subject "Arbitration opt-out", with your name and account e-mail) within 30 days after you first become bound by this arbitration agreement. If you had a FIXER account before this arbitration agreement was added to these Terms, the 30 days start when we notify you of these Terms in the Services or by e-mail.

Courts. Any claim not subject to arbitration will be brought in the state or federal courts located in Santa Clara County, California, and you and we consent to their jurisdiction.

If you are a consumer living in the EU, the EEA, Switzerland or the UK, the arbitration agreement, the class-action waiver and the choice of California courts in this section do not apply to you. You can bring a claim against us in the courts of the country where you live, and we can bring a claim against you only there. You also keep the protection of the mandatory consumer laws of that country, whatever law these Terms choose. The same applies in any other country whose mandatory law does not allow these clauses for consumers. In any case, nothing in this section takes away rights you have under the mandatory law of the country where you live.

21. Changes to these Terms

We may update these Terms. If a change is material, we will tell you in the Services or by e-mail at least 30 days before it takes effect, unless the change is required by law, is needed urgently to protect users or the Services from fraud, malware, spam, data breaches or other security risks, or concerns only a new feature. The date at the top shows the latest version. If you had a FIXER account before this version was published, it applies to you from the earlier of (a) the day you accept it in the Services (for example in the "We updated our Terms" notice, or by ticking a box that agrees to these Terms when you create or accept a contract or set up payouts) and (b) 30 days after we tell you about it in the Services or by e-mail. If you keep using the Services after a change takes effect, the new Terms apply; if you do not agree, stop using the Services and delete your account.

22. General

• Electronic communications and signatures. You agree that we may send notices electronically (in the Services, by e-mail or push), and that contracts signed and accepted electronically in FIXER are valid under the U.S. ESIGN Act and the California Uniform Electronic Transactions Act.
• Entire agreement. These Terms and the documents listed in section 1 are the whole agreement between you and FIXER about the Services. If one part is unenforceable, the rest stays in force. Our failure to enforce a right is not a waiver.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in a merger, acquisition or sale of assets.
• App stores. For the mobile apps, the End User License Agreement also applies, and Apple and Google are third-party beneficiaries of it.
• Language. The English version of these documents controls.

23. Contact

T21 Film Studio LLC
1424 Infinity Way, Mountain View, CA 94043, USA
E-mail: support@fixer-app.com