Terms of Service

In these terms, the following terms have the following meaning:

• FixControl — the service and platform offered under the FixControl trade name.
• FixControl B.V. i.o. — the private limited company that operates FixControl as a trade name and provides the service; in these terms also referred to as “we”, “us” or “the supplier”.
• Customer — the legal entity or business that enters into an agreement or uses the service.
• User — a natural person who has access to the service on behalf of the customer.
• Service — the FixControl platform and its associated functionality, integrations and support.
• Account — the access through which the customer and its users use the service.
• Tenant / project / workspace — the logically separated environment(s) in which the customer’s data, configuration and workflows are housed.
• Integrations — connections with third-party systems, such as Slack, Freshdesk, Jira, Linear, GitHub, GitLab, Kubernetes/Argo and AI services, depending on configuration.
• AI functionality — components of the service that, using AI models, provide triage, summaries, planning, draft replies, remediation proposals and similar support.
• Customer data — all data that the customer or its users process in or through the service, including data from connected systems.
• Confidential information — non-public information that one party receives from the other and that should reasonably be regarded as confidential.
• Agreement — the entirety of the arrangements between the customer and FixControl B.V. i.o. regarding the use of the service, including these terms.

These terms apply to all quotes, pilots, accounts, access to the service and use of FixControl. Deviations apply only to the extent agreed in writing.

In the event of a conflict between documents, the following order of precedence applies:

1. a separate written agreement or order form;
2. the data processing agreement (DPA) for the processing of personal data;
3. an SLA or support arrangements, if agreed;
4. these terms of service.

The customer’s purchasing or other general terms are expressly excluded, unless we have accepted them in writing.

An agreement is formed by written acceptance, signature, agreement to a quote or order form, or by actual use of the service after access has been granted.

Pilots and trial set-ups may have their own scope, duration and limitations. Demos and previews create no obligation to deliver all the functionality shown.

The customer is responsible for correctly configuring users, roles and access rights. Users must keep their login credentials confidential and handle access with care.

The customer reports misuse or unauthorised access as soon as possible. We may restrict or suspend access in the event of misuse, a security risk or a breach of these terms.

Within the agreed scope, the following is permitted, among other things:

• managing support, engineering, deployment and governance workflows;
• configuring integrations within one’s own permissions;
• using AI-assisted proposals, reviews and workflows within the agreed scope.

The following is in any case not permitted:

• illegal activities;
• misuse of integrations or connected systems;
• circumventing security or governance measures;
• uploading or distributing malware;
• unauthorised access to the systems or data of others;
• use in breach of the law or of the rights of third parties.

FixControl includes AI functionality that supports workflows, such as triage, summarisation, planning, draft replies, remediation proposals and similar tasks.

AI output may be incorrect, incomplete or unsuitable. The customer remains responsible for the review, approval and use of that output. High-risk actions, production actions, customer communications and code or deployment decisions must be reviewed by authorised persons in accordance with the configured governance and approval gates.

FixControl is not a substitute for the professional judgement of engineering, security, legal, compliance or operations. Which AI services and models are used may depend on configuration, customer arrangements and availability. We do not guarantee that AI output is always correct or safe.

FixControl can, depending on configuration, connect with third-party systems. The customer is responsible for the lawful use of connected accounts, API keys and permissions.

The availability and operation of third-party systems are outside our full control. Changes or outages at third parties may affect functionality. We process secrets and tokens securely, but the customer keeps permissions minimal (least privilege) and follows an appropriate rotation policy.

The customer retains the rights to its customer data. We process customer data to deliver, secure and support the service.

Personal data is processed in accordance with our privacy policy and, where applicable, a data processing agreement (DPA). The customer is responsible for the lawful provision of data, including data from Slack, ticketing systems, repositories or deployment platforms.

We do not sell customer data. Regarding sub-processors and any use of data for model training, no further commitments apply than those laid down elsewhere contractually or in the privacy policy.

Both parties handle confidential information with care and use it only for the performance of the agreement.

The duty of confidentiality does not apply to information that is public, was already lawfully known, was independently developed, or that must be disclosed by law or by a competent authority. The confidentiality obligation continues to apply after termination of the agreement.

We take appropriate technical and organisational measures to protect the service and customer data. Examples are access control, logging and audit trails, tenant and project separation, secret management, encryption where appropriate, and monitoring.

Complete (100%) security cannot be guaranteed. The customer is itself responsible for its own security configuration, user permissions and the security of connected systems.

We strive for reliable availability of the service. Maintenance, updates and incidents may temporarily affect availability.

Support channels and response times apply in accordance with separate arrangements, unless stated otherwise. These terms contain no hard uptime guarantee or SLA; an SLA applies only if it has been separately agreed.

Fees are set out in the quote, order form or agreement. Invoices are paid within the agreed term. Prices are exclusive of VAT, unless stated otherwise.

In the event of late payment, we may suspend access after a reasonable warning, unless the law provides otherwise. Pilot prices and trial periods apply only to the agreed scope and duration.

FixControl, the software, documentation, designs, models and configurations and the associated know-how remain the property of FixControl B.V. i.o. or its licensors. The customer receives a limited, non-exclusive and non-transferable right of use for the duration of the agreement.

Customer data remains the customer’s. We may use customer feedback to improve the service, without disclosing confidential customer information.

For AI output, to the extent legally possible, the customer may use it for its own business processes. We do not guarantee without limitation the accuracy of output or that it does not affect the rights of third parties. Output may resemble output for other customers where it concerns generic patterns.

Approvals via Slack, FixControl or connected channels may, within the configured workflow, constitute operational approval. The customer is responsible for who is granted approval rights.

An approval may lead to follow-up actions, such as starting a mission, executing a retry, sending a draft reply or promoting a deployment, depending on the configuration. We record audit events where appropriate. The customer remains responsible for the production impact of its own approvals and of connected systems.

To the extent permitted by law, we are not liable for indirect damage, such as loss of profit, loss of revenue, missed savings, reputational damage, data loss or consequential damage.

Our total liability is limited to the amount the customer paid for the relevant service in the twelve months preceding the event causing the damage, or to a reasonable maximum if nothing has yet been paid.

These limitations do not apply in the event of intent or wilful recklessness by FixControl B.V. i.o., nor to the extent that a limitation is not permitted by law.

The customer indemnifies FixControl B.V. i.o. against third-party claims arising from unlawful customer data, misuse of accounts or integrations, breach of the law, or use of the service outside the agreed scope. This indemnification remains reasonable and proportionate to the relevant claim.

The term follows from the agreement, order form or pilot arrangement. Termination takes place in accordance with the agreed notice period.

We may suspend the service or terminate the agreement in the event of a serious breach, misuse, a security risk or non-payment, after a reasonable warning. After termination, access may be closed off. Export or deletion of data takes place in accordance with the agreement, the privacy policy or the DPA.

We may amend these terms. A new version is published at fixcontrol.ai/terms. In the event of material changes, we may actively inform the customer.

For ongoing written agreements, changes apply in accordance with the contractual arrangements or after a reasonable announcement.

We are not liable for shortcomings resulting from circumstances beyond our reasonable control, such as outages at cloud providers, internet outages, war, government measures, strikes, cyberattacks or outages at third-party integrations.

These terms and the agreement are governed by Dutch law. The parties first try to resolve disputes by mutual consultation.

If that does not succeed, disputes are submitted to the competent court in the Netherlands, preferably the District Court of Noord-Holland, unless mandatory law designates a different court.