Terms of Use

You may use the Platform only if you are of legal age and capacity to form a binding contract under applicable law. If you access or use the Platform on behalf of any other person, entity, or organization, you represent and warrant that you have full authority to bind such person, entity, or organization to these Terms, and all references to "you" herein shall include both you individually and such person, entity, or organization.

The Platform is not a substitute for emergency services (including 911), law enforcement, medical services, roadside assistance, municipal service channels, or professional advice of any nature, including but not limited to financial, legal, navigational, automotive, environmental, or safety advice. You must not rely on the Platform for any urgent, life-safety, health-related, time-critical, or high-stakes matter. For emergencies, contact the appropriate emergency services directly. For municipal inquiries, contact the applicable public authority.

• You are solely responsible for all activity that occurs under your account, session, or credentials, whether or not authorized by you.
• You must maintain the confidentiality of your credentials and must promptly notify us of any suspected unauthorized access or security breach.
• We reserve the right to suspend, restrict, limit, monitor, investigate, or permanently terminate any account or access at any time, for any reason or no reason, with or without notice, in our sole and absolute discretion.

As between you and CapitalFix, you retain whatever ownership rights you may have in content you submit through the Platform ("User Content"). By submitting, posting, uploading, transmitting, or otherwise making User Content available, you grant CapitalFix a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) licence to use, reproduce, host, store, cache, process, adapt, modify, translate, publish, display, distribute, analyze, create derivative works from, commercialize, and otherwise exploit such User Content in any form, medium, or technology now known or hereafter developed, for any purpose whatsoever, without further notice, consent, or compensation.

You represent and warrant that: (a) you own or have all necessary rights, licences, permissions, and authority to submit the User Content and to grant the foregoing licence; (b) the User Content does not infringe, misappropriate, or violate any third-party rights; and (c) the User Content complies with all applicable laws and these Terms.

You agree not to, and shall not permit any third party to, directly or indirectly:

• Submit false, misleading, fraudulent, fabricated, manipulated, deceptive, defamatory, obscene, unlawful, infringing, or privacy-violating material of any kind.
• Interfere with, disrupt, degrade, impair, or compromise the integrity, security, or performance of the Platform or any connected systems, networks, or infrastructure.
• Attempt unauthorized access to, or probe, scan, or test the vulnerability of, the Platform or any related system, or circumvent any security, authentication, or access restriction measure.
• Use the Platform to harass, threaten, stalk, abuse, deceive, impersonate, or harm any person or entity.
• Scrape, crawl, harvest, mine, or extract data from the Platform through automated or manual means, except as expressly authorized in writing.
• Use any automated system, bot, script, or similar tool to access or interact with the Platform.
• Exploit, manipulate, or abuse any feature, function, reward, incentive, or system of the Platform, including through the use of multiple accounts, false submissions, or coordinated activity.
• Upload or submit content containing personal information of third parties without lawful authorization.

We reserve the right to investigate violations, preserve evidence, remove or refuse content, disable features, terminate accounts, pursue legal remedies, and cooperate with law enforcement and other authorities, all without notice and at our sole discretion.

CapitalFix may, in its sole and absolute discretion, and without obligation or liability, review, verify, moderate, edit, redact, reorder, summarize, refuse, delay, withhold, unpublish, archive, restrict, or remove any content, submission, account, feature, or material at any time, for any reason or no reason, with or without notice. We have no obligation to publish, preserve, display, maintain, or return any content.

We reserve the right to add, modify, suspend, limit, or discontinue any feature, function, content, data, service, or aspect of the Platform at any time, temporarily or permanently, with or without notice, and without liability.

All data, information, content, prices, rates, fees, schedules, locations, maps, imagery, analyses, recommendations, estimates, summaries, and other material displayed on or through the Platform (collectively, "Platform Information") is provided for general informational and convenience purposes only. Platform Information may be inaccurate, incomplete, outdated, delayed, estimated, interpolated, unverified, or erroneous. CapitalFix makes no representation or warranty of any kind regarding the accuracy, completeness, currency, reliability, availability, or suitability of any Platform Information.

Without limiting the generality of the foregoing, you expressly acknowledge and agree that:

• Fuel prices displayed may differ materially from actual prices charged at any location. You are solely responsible for verifying prices before making any purchase.
• Traffic, road, and construction information may not reflect current conditions. You are solely responsible for assessing actual road and driving conditions.
• Parking information, including rates, hours, availability, restrictions, and locations, may not reflect current conditions. You are solely responsible for reading and complying with posted signage, bylaws, and regulations at any parking location.
• Collection schedules, waste and recycling information, and related data may not reflect current schedules or policies. You are solely responsible for verifying schedules with the applicable authority.
• Any points, rewards, incentives, or promotional items offered through the Platform have no monetary value, do not constitute currency, are not redeemable for cash, are not transferable, and may be modified, suspended, forfeited, or terminated at any time without notice or compensation.
• Any content generated, suggested, or processed by automated systems, including artificial intelligence, may contain errors, omissions, inaccuracies, or fabrications and does not constitute professional advice.
• User-submitted content has not been independently verified by CapitalFix and may be false, misleading, or inaccurate.

You assume all risk arising from your access to, use of, or reliance on the Platform or any Platform Information. No information provided on or through the Platform shall create any warranty, representation, or guarantee not expressly stated in these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL PLATFORM INFORMATION ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WHERE IS," AND "WITH ALL FAULTS" BASIS. CAPITALFIX AND ITS OPERATORS, AFFILIATES, LICENSORS, CONTRACTORS, SUPPLIERS, PARTNERS, OFFICERS, DIRECTORS, MODERATORS, EMPLOYEES, ADVISORS, AND AGENTS (COLLECTIVELY, THE "CAPITALFIX PARTIES") HEREBY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF:

• Accuracy, completeness, correctness, currency, timeliness, or reliability of any Platform Information.
• Merchantability, quality, fitness for a particular purpose, or fitness for ordinary use.
• Title, non-infringement, quiet enjoyment, or absence of encumbrances.
• Security, uninterrupted access, error-free operation, or freedom from viruses, malware, or harmful components.
• Availability, continuity, or performance of any feature, function, or service.
• Results, outcomes, savings, or benefits from use of the Platform.

No oral or written information or advice given by CapitalFix or any CapitalFix Party shall create a warranty or in any way increase the scope of the obligations set forth in these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY CAPITALFIX PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY:

• Indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages.
• Loss of data, revenue, profits, goodwill, business, opportunity, anticipated savings, or reputation.
• Business interruption, work stoppage, or loss of use.
• Cost of procurement of substitute goods or services.
• Personal injury, property damage, fines, penalties, tickets, or towing charges.
• Damages arising from traffic incidents, road conditions, parking violations, fuel purchases, or reliance on any Platform Information.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE), EVEN IF ANY CAPITALFIX PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALL CAPITALFIX PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FIFTY CANADIAN DOLLARS (CAD $50.00) AND (B) THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO CAPITALFIX FOR ACCESS TO THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM.

You expressly acknowledge and agree that your use of the Platform is at your sole and exclusive risk. Without limiting any other provision of these Terms, you specifically assume all risk associated with:

• Any action taken or not taken based on Platform Information, including travel, driving, parking, fuel purchases, or any other decision.
• Any financial loss, personal injury, property damage, fines, penalties, or other harm arising from or related to your use of the Platform.
• The accuracy, reliability, or completeness of any user-submitted content, automated content, or any other Platform Information.
• Changes to, interruptions of, or discontinuation of any feature, function, reward, incentive, or service.

You shall defend, indemnify, and hold harmless each CapitalFix Party from and against any and all claims, demands, actions, proceedings, investigations, judgments, damages, losses, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of or related to: (a) your access to or use of the Platform; (b) your User Content; (c) your breach or alleged breach of these Terms; (d) your violation or alleged violation of any applicable law or regulation; (e) your infringement or alleged infringement of any third-party right; or (f) any dispute between you and any third party relating to the Platform. This indemnification obligation shall survive termination of these Terms.

To the fullest extent permitted by law, you agree to first provide written notice of any claim or dispute to CapitalFix and allow a period of not less than sixty (60) days for good-faith informal resolution before commencing any formal proceeding.

These Terms and any claim, dispute, or controversy arising out of or relating to these Terms, the Platform, or your use thereof shall be governed exclusively by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to any choice-of-law or conflict-of-law rules or principles that would cause the application of the laws of any other jurisdiction.

Subject to any mandatory consumer protection rights that cannot be lawfully waived, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario and all courts of appeal therefrom, and you irrevocably waive any objection to such jurisdiction or venue. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR PROCEEDING.

All intellectual property rights in and to the Platform, including but not limited to software, code, design, text, graphics, logos, trademarks, trade names, service marks, data compilations, and all other proprietary materials, are and shall remain the exclusive property of CapitalFix or its licensors. Nothing in these Terms grants you any right, title, or interest in or to the Platform or any intellectual property of CapitalFix, except the limited right to access and use the Platform in accordance with these Terms.

We may suspend, restrict, or terminate these Terms or your access to the Platform, in whole or in part, at any time, for any reason or no reason, with or without notice, and without liability. Upon termination, your right to access and use the Platform shall immediately cease. Sections of these Terms relating to intellectual property, licence grants, disclaimers, limitation of liability, assumption of risk, indemnification, governing law, dispute resolution, and any other provision that by its nature should survive, shall survive any termination or expiration of these Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The failure of CapitalFix to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with the Privacy Policy and any other policies or guidelines posted on the Platform, constitute the entire agreement between you and CapitalFix with respect to the subject matter hereof and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written. We reserve the right to amend, modify, or replace these Terms at any time by posting the revised Terms on the Platform with an updated effective date. Your continued use of the Platform after any such amendment constitutes your acceptance of the amended Terms. It is your responsibility to review these Terms periodically.

Legal inquiries may be directed to [email protected].