Fixie Terms of Service

Last Updated: May 22, 2025

Welcome, and thank you for your interest in Fixie.ai Inc. (“Fixie,” “we,” or “us”) and our Ultravox Realtime Voice AI platform (https://ultravox.ai), along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Fixie regarding your use of the Service. If you have signed a Service Agreement Order Form with Fixie, these Terms are incorporated by reference into the Order Form and its associated Terms and Conditions (collectively, the “Agreement”).


PLEASE READ THE FOLLOWING TERMS CAREFULLY:


BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FIXIE’S PRIVACY POLICY LOCATED HERE https://fixie.ai/privacy (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU SHOULD CEASE ALL SUCH USE. YOUR USE OF THE SERVICE, AND FIXIE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FIXIE AND BY YOU TO BE BOUND BY THESE TERMS.


Arbitration NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND FIXIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.


  1. Fixie Service Overview. As part of the Service, Fixie provides Ultravox Realtime, a Voice AI platform that allows users to build voice AI applications. Our Service also includes our software development kits (“SDKs”) and application programming interfaces (“APIs”), made available to developers who would like to build voice AI applications that extend the Service’s capabilities (each, a “Voice AI Application”).

  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  3. Accounts and Registration. To access features of the Service, you must register for an account. When you register, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@fixie.ai.

  4. Permission to Access. When you sign-in to the Service, the Service may ask your permission to access certain systems or applications necessary for the functioning of the Voice AI platform. You acknowledge and agree that failure to grant the necessary permissions may affect the performance of the Service and your ability to use certain features of the Service. Fixie is not responsible for any loss or consequences resulting from your failure to grant the necessary permissions under this Section 4 (Permission to Access).

  5. Licenses

     5.1      Limited License. Subject to your complete and ongoing compliance with these Terms, Fixie grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

     5.2      License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) access or use the Service in order to build a similar or competitive product or service, (e) use the Service in any manner that is likely to damage or impair its security or functionality, (f) upload or import any data that infringes, misappropriates or violates the intellectual property rights, privacy, publicity, or other rights of any person or entity, or (g) introduce any viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs, or conduct any other malicious activity on or through the Service. If you are prohibited under applicable law from using the Service, then you may not use it. We may impose limits on your use of the Service, for example, in the form of a daily usage limit (e.g., number of API calls, voice minutes, or interactions per day) or as otherwise specified by us on the Service (“Usage Limit”). You will not exceed the Usage Limit of the Service without our prior approval, and we reserve the right to suspend or block your access to the Service in the event you breached any restriction set forth in this Section 5.2 (License Restrictions).

     5.3      Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Fixie an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  6. Ownership; Proprietary Rights. The Service is owned and operated by Fixie. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Fixie (collectively, “Materials”) are protected by intellectual property and other laws. All Materials included in and related to the Service are the property of Fixie or its third-party licensors. Except as expressly authorized by Fixie, you may not make use of the Materials. There are no implied licenses in these Terms and Fixie reserves all rights to the Materials not granted expressly in these Terms.

  7. Third-Party Terms

     7.1      Third-Party Services and Linked Websites. Fixie may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that Fixie to transfer that information to the applicable third-party service. Third-party services are not under Fixie’s control, and, to the fullest extent permitted by law, Fixie is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Fixie’s control, and Fixie is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Fixie will have no control over the information that has been shared.

     7.2      Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

     7.3      Ultravox Model Terms. The Service is powered by Fixie’s Ultravox artificial intelligence (“AI”) models that generate voice and textual outputs in response to your input to the Service. Ultravox is built on top of open source models and enhanced by Fixie’s proprietary technology. Fixie does not use customer data to train or fine-tune the underlying AI models. By accessing or using the Service, you agree that:

     (a) Fixie retains all rights to the Ultravox models and technology;

     (b) Outputs generated by the Ultravox models are subject to the license terms in Section 8.2; and

     (c) You will comply with any usage guidelines or restrictions we may publish regarding the Ultravox models.

  8. User Content

     8.1      User Content Generally. The Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, inputs, images, folders, data, text, audio files, documents, websites, and any other works of authorship or other works (“User Content”). User Content also includes the output generated or produced by the Service in response to your input. You retain any copyright and other proprietary rights that you may hold in the User Content, subject to the licenses granted to Fixie in these Terms.

     8.2      Limited License Grant to Fixie. By Posting User Content to or via the Service, you grant Fixie a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Fixie’s exercise of the license set forth in this Section.

     8.3      Voice AI Application Development. We may allow you to use our SDKs and APIs (available at https://github.com/fixie-ai and/or other locations designated by Fixie) to create Voice AI Applications, subject to your continued compliance with these Terms and any additional terms and policies made available by us in connection with our SDKs and APIs (“SDK Terms”), which are incorporated into these Terms by this reference. You may publish or make available your Voice AI Applications for other users of the Service to utilize. Once published, your Voice AI Applications may be available to other users as permitted by you. You may disable or disconnect your Voice AI Application any time through the Ultravox Dashboard (https://app.ultravox.ai), by using our APIs, or by contacting us at support@fixie.ai.

     8.4      Voice Cloning and Voice Outputs. The Service may allow you to submit audio files for the purpose of creating cloned voices and generating voice outputs. By submitting audio files for voice cloning, you represent and warrant that:

     (a) You have all necessary rights, licenses, and permissions to use the voice in the audio files;

     (b) You will not clone voices of public figures or other individuals without their express written consent;

     (c) You will not use cloned voices for illegal, deceptive, harmful, or unauthorized purposes;

     (d) You will not use the Service to create voice content that impersonates another person without clear disclosure that the voice is AI-generated; and

     (e) You will comply with all applicable laws and regulations related to voice synthesis, including those regarding consent, disclosure, and fraud prevention.

     8.5      Ultravox Corpus Service. The Service may allow you to submit documents or websites to be stored in the Ultravox Corpus service for use as a knowledge base for your Voice AI Applications. By submitting content to the Ultravox Corpus service, you represent and warrant that:

     (a) You have all necessary rights to submit such content;

     (b) The content does not violate any third-party rights or applicable laws;

     (c) You understand that the content will be stored and processed by Fixie to enable retrieval and use within your Voice AI Applications; and

     (d) You retain ownership of your submitted content, subject to the licenses granted in these Terms.

    Fixie will maintain appropriate security measures to ensure isolation between different customers’ knowledge bases and will not use your submitted content to train or fine-tune the underlying large language models (LLMs).

     8.6      You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Fixie disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

     (a)       you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Fixie and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Fixie, the Service, and these Terms;

     (b)       you will not create, publish, distribute, or otherwise make available any Voice AI Application that: (i) generates or returns content that infringes, misappropriates, or violates third-party rights, including intellectual property rights and rights of privacy and publicity; (ii) generates content that is harmful, pornographic, inaccurate, misleading, or otherwise objectionable or offensive; or (iii) violates any applicable law or regulations;

     (c)       your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Fixie to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

     (d)       your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

     8.7      User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content, including Voice AI Applications published by other users. Fixie may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you may have access to Voice AI Applications from a variety of sources and acknowledge that Voice AI Applications may generate content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Fixie with respect to User Content, including Voice AI Applications. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Fixie does not permit infringing activities on the Service.

     8.8      Monitoring Content. Fixie does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Fixie reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Fixie chooses to monitor the content, then Fixie still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Fixie may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service. Fixie may remove or block any Voice AI Application that is, in Fixie’s sole discretion, in violation of these Terms or applicable laws (even if it has been accepted by Fixie or made available to other users on the Service), and Fixie reserves the right to ban or block the developer of such Voice AI Application from the Service.

     8.9      Content Filter. Certain features of our Service are based on AI models and we do not control all of their outputs. We reserve the right to implement content filters and/or other moderation tools to monitor and remove the outputs generated by Voice AI Applications if, in our sole discretion, they fail to comply with these Terms.

  9. Communications

     9.1      Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

  10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

     10.1    use the Service for any illegal purpose or in violation of any local, state, national, or international law;

     10.2    use the Service to generate content that: (a) harasses, bullies, threatens, or could reasonably be expected to harm or cause distress to any individual; (b) promotes hate, discrimination, self-harm, or violence; (c) is obscene or pornographic (excluding sex education and wellness); (d) attempts to influence the political process or is intended to be used for campaigning purposes; (e) attempts to defraud individuals or is otherwise false or misleading; (f) is ransomware, keyloggers, viruses, or other harmful software or code; or (g) impersonates another person without proper disclosure that the content is AI-generated;

     10.3    violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

     10.4    access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Fixie;

     10.5    interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

     10.6    interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

     10.7    perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

     10.8    sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;

     10.9 use the Service for robocalling, spam calling, automated telemarketing, or any activities prohibited by telecommunications regulations;

     10.10 use cloned voices to create content that would reasonably mislead or deceive listeners about the involvement of the person whose voice was cloned, unless such content contains clear disclosures about its synthetic nature; or

     10.11  attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

  11. Intellectual Property Rights Protection

     11.1    Respect of Third Party Rights. Fixie respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

     11.2    DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

     Fixie.ai Inc. Attn: Legal Department (IP Notification) 4311 11th Ave NE, Suite 500, Seattle WA 98105 Email: ip-infringement@fixie.ai

     11.3    Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

     (a)       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

     (b)       a description of the copyrighted work or other intellectual property right that you claim has been infringed;

     (c)       a description of the material that you claim is infringing and where it is located on the Service;

     (d)       your address, telephone number, and email address;

     (e)       a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

     (f)        a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

     Your Notification of Claimed Infringement may be shared by Fixie with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Fixie making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

     11.4    Repeat Infringers. Fixie’s policy is to: (a) remove or disable access to material that Fixie believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Fixie will terminate the accounts of users that are determined by Fixie to be repeat infringers. Fixie reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

     11.5    Counter Notification. If you receive a notification from Fixie that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Fixie with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Fixie’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:

     (a)       your physical or electronic signature;

     (b)       identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

     (c)       a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

     (d)       your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Fixie may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.

     A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

     11.6    Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Fixie in response to a Notification of Claimed Infringement, then Fixie will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Fixie will replace the removed User Content or cease disabling access to it in 10 business days, and Fixie will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Fixie’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Fixie’s system or network.

     11.7    False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Fixie relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Fixie reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

  12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  13. Term, Termination, and Modification of the Service

     13.1    Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).

     13.2    Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Fixie may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by deleting your account on the Ultravox Dashboard (https://app.ultravox.ai) or by contacting customer service at support@fixie.ai.

     13.3    Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) all definitions and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 11 (Intellectual Property Rights Protection), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Fixie), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

     13.4    Modification of the Service. Fixie reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Fixie will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

  14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend, hold harmless, and indemnify Fixie, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Fixie Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  15. Disclaimers; No Warranties by Fixie

     15.1    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE (INCLUDING THE SDKS AND APIs) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FIXIE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Fixie DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Fixie DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. IN PARTICULAR, FIXIE IS NOT RESPONSIBLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES WITH RESPECT TO: (A) THE OUTPUT GENERATED BY THE SERVICE OR A VOICE AI APPLICATION IN RESPONSE TO YOUR INPUT, INCLUDING ANY ERRORS OR MISTAKES CONTAINED IN SUCH OUTPUT; (b) YOUR USE OF A VOICE AI APPLICATION MADE AVAILABLE TO YOU THROUGH THE SERVICE; (C) YOUR ACCESS TO OR USE OF THE SDK’S and API’S; (D) THE ACCURACY, QUALITY, OR APPROPRIATENESS OF VOICE OUTPUTS OR VOICE CLONING; AND (E) ANY USE OR MISUSE OF VOICE OUTPUTS OR CLONED VOICES BY YOU OR THIRD PARTIES. FURTHER, FIXIE IS NOT RESPONSIBLE FOR ANY LOSS OR CONSEQUENCES RESULTING FROM YOUR FAILURE TO GRANT THE NECESSARY PERMISSIONS TO YOUR SYSTEM UNDER SECTION 4 (PERMISSION TO ACCESS).

     15.2    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FIXIE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FIXIE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE, ANY USER CONTENT, AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND ANY USER CONTENT AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

     15.3    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMER; NO WARRANTIES BY FIXIE) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. FIXIE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT FIXIE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

16. Limitation of Liability

16.1     TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FIXIE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FIXIE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.


16.2     EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FIXIE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO US$100.


16.3     EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


17. Dispute Resolution and Arbitration


17.1     Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Fixie agree that every dispute arising in connection with these Terms, the Service, or communications from us that cannot be resolved by the parties informally first will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FIXIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


17.2     Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.


17.3     Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Fixie.ai Inc., Attention: Legal Department – Arbitration Opt-Out, 4311 11 Ave NE, Suite 500, Seattle, WA 98105 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Fixie receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.


17.4     Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Fixie.


17.5     Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Fixie’s address for Notice is: Fixie.ai Inc., 4311 11th Ave NE, Suite 500, Seattle, WA 98105. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fixie may commence an arbitration proceeding. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.


17.6     Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Fixie must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.


17.7     Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Fixie before an arbitrator was selected, Fixie will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$2,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.


17.8     No Class Actions. YOU AND FIXIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fixie agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.


17.9     Modifications to this Arbitration Provision. If Fixie makes any material change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Fixie’s address for Notice of Arbitration, in which case your account with Fixie will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.


17.10   Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Fixie receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.


18.       Miscellaneous


18.1     General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Fixie regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent, including but not limited to assigning these Terms to any successor in interest, affiliate, or in connection with a merger, acquisition, or sale of assets. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.


18.2     Governing Law. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. You and Fixie submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Washington, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.


18.3     Privacy Policy. Please read the Fixie Privacy Policy located here https://fixie.ai/privacy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Fixie Privacy Policy is incorporated by this reference into, and made a part of, these Terms.


18.4     Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.


18.5     Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.


18.6     Consent to Use of Logo. By using the Service, you grant Fixie a non-exclusive, royalty-free, worldwide license to use your logo and trademarks for the sole purpose of identifying you as a customer of Fixie on our website and in our marketing materials. If you provide your brand guidelines, Fixie will use commercially reasonable efforts to follow those guidelines in the use of your logo. If you wish to revoke this consent to use your logo, you may do so at any time by providing written notice to Fixie, and we will promptly cease using your logo as permitted by this clause.


18.7     Contact Information. The Service is offered by Fixie.ai Inc., located at 4311 11 Ave NE, Suite 500, Seattle, WA 98105. You may contact us by sending correspondence to that address or by emailing us at support@fixie.ai.


18.8     Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.


18.9     No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies, which may be modified or terminated at any time.


18.10   International Use. While the Service is hosted in the United States, we welcome users from around the world. Different countries may have laws that apply to your use of the Service. You are responsible for ensuring that your use of the Service complies with all applicable laws in your jurisdiction. If the Service is prohibited in your country or subject to specific regulations not addressed in these Terms, you are responsible for compliance with those local requirements.