Terms and Conditions

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Smashley OÜ, doing business as Jobfixe ("Jobfixe", "we", "us", or "our"), concerning your access to and use of the Jobfixe website and application (collectively, the "Service").

By accessing or using the Service, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Service.

2. Services Description

Jobfixe provides a maintenance management application designed for retirement homes. The Service includes:

• QR code-based location identification system
• Multi-modal issue reporting (voice, video, image, text)
• AI-powered issue categorization and assignment
• Real-time tracking and analytics
• Staff and maintenance worker management

3. User Registration and Account

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or provide false information.

4. Subscription and Payment

4.1 Subscription Fees

The Service is provided on a subscription basis at €300 per month per retirement home facility, unless otherwise agreed in writing. All fees are in Euros (EUR) and exclude applicable taxes.

4.2 Payment Terms

Subscription fees are billed monthly in advance. Payment is due upon receipt of invoice. Failure to pay within 14 days may result in service suspension.

4.3 Price Changes

We reserve the right to modify our pricing with 30 days' written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or viruses
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Harass, abuse, or harm other users
• Use the Service for any fraudulent or illegal purpose
• Reverse engineer or attempt to extract source code

6. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Smashley OÜ and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of the content you upload to the Service (maintenance reports, images, videos, etc.), but grant us a license to use, store, and process this content solely to provide the Service.

7. Data Privacy and GDPR Compliance

We are committed to protecting your data and complying with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

As a data processor, we implement appropriate technical and organizational measures to ensure the security of personal data. You, as the data controller, are responsible for ensuring you have appropriate legal bases for processing personal data through our Service.

8. Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or due to circumstances beyond our control.

Email support is included with all subscriptions. We aim to respond to support requests within 48 hours during business days.

9. Termination

9.1 Termination by You

You may terminate your subscription at any time by providing 30 days' written notice. You remain responsible for all fees incurred prior to termination.

9.2 Termination by Us

We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees, or engage in activities that harm the Service or other users.

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will provide you with an export of your data within 30 days of termination, after which all data may be permanently deleted.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMASHLEY OÜ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Smashley OÜ and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of the Service or violation of these Terms.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions. Any disputes arising from these Terms or use of the Service shall be subject to the exclusive jurisdiction of the courts of Estonia.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smashley OÜ regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us: