Terms and Conditions

The contracting and use of the FIXLAB services available on the Website is authorized in accordance with these Terms and Conditions, Legal Notice and Privacy Policy.

1. OWNERSHIP
The use and contracting of the services provided through this website, as well as the software available on it, are authorized in accordance with these Terms and Conditions by ENSAYOS Y CERTIFICACIONES XXI S.L., with NIF B01635440, with address for notifications at Estrada do Freixo, 45, C.P. 36214 Vigo (Pontevedra), registered in the Mercantile Registry of Pontevedra in Volume 4325, Book 4325, Folio 20, Section 8, Registry Sheet: 66890 (hereinafter, “FIXLAB”), with email address: hola@fixlab.es

2. BINDING NATURE OF THE TERMS AND CONDITIONS
Los presentes Términos y Condiciones de Uso de FIXLAB (en adelante, los "Términos y Condiciones" o los "TyC") tienen carácter vinculante y regulan las condiciones de uso, acceso y contratación de los servicios prestados de FIXLAB disponibles en su página web.

El acceso a los servicios de FIXLAB atribuye la condición de usuario a quien los utiliza (en adelante, “Usted” o el "Cliente") e implica la aceptación íntegra y completa de los presentes Términos y Condiciones, así como del Aviso Legal y la Política de Privacidad que rigen el uso de la página web de FIXLAB. La aceptación de estos Términos y Condiciones íntegra y sin reservas resulta indispensable para el uso y/o contratación de los servicios de FIXLAB. Usted manifiesta haber leído, entendido y aceptado íntegramente los presentes Términos y Condiciones. En el caso de que no esté de acuerdo con estos Términos y Condiciones, por favor, no acceda ni use los servicios de FIXLAB.

FIXLAB reserves the right to update these Terms and Conditions, in which case FIXLAB will publish the updated version of the Terms and Conditions on this site, which will become binding upon publication.

Contracting FIXLAB services is only permitted for people of legal age and legal capacity to contract.

In the case of services for companies, the Client guarantees that the person reading and accepting these Terms and Conditions is the legal representative and has sufficient legal capacity to contract on behalf of the company.

In the case of services directed at engineering firms, the Client declares and guarantees that they meet all the legally required qualifications to prepare and sign Technical Projects and/or the final work direction certificate for vehicle modifications.

3. DESCRIPTION OF THE SERVICES PROVIDED BY FIXLAB
FIXLAB has two differentiated services:

- Inspection and legalization service for vehicle modifications aimed at vehicle owners.

- Use of tools: A service for using digital tools unrelated to the inspection process, allowing for the facilitation and verification of data, calculations, and element compatibilities in vehicles, mainly aimed at engineering firms involved in modifications.

Tanto los titulares de vehículos como las ingenierías que hagan uso de dichos servicios deberán seguir el proceso de Alta o Registro de Usuario descrito en el apartado 4 de estos TyC, previa aceptación de la Política de Privacidad. Todos los usuarios que sigan el proceso de Alta o Registro de Usuario tendrán la condición de Cliente de FIXLAB y deben someterse a los presentes TyC, si bien a meros efectos de diferenciarles se referirán en este apartado como “Particulares” (referido a los titulares de vehículos) e “Ingenierías” (referido a los/as Ingenieros/as o empresas de Ingeniería que presten los servicios de elaboración de Proyectos técnicos y/ o certificado final de dirección de obra para reformas de vehículos).

FIXLAB is an inspection entity in charge of evaluating the conformity of any modification, addition or elimination of any system, component or part of a vehicle based on the legal requirements established in Royal Decree 866/2010 of July 2, which regulates the processing of vehicle reforms and Royal Decree 2822/1998, of December 23, General Vehicle Regulations.

The client, hereinafter APPLICANT, must be the owner of the vehicle or party authorized by them, who by accepting this offer and conditions admits to being legally authorized by them.

FIXLAB undertakes to provide the contracted service with total impartiality and confidentiality, following the policies present on the Fixlab website www.fixlab.es and that the client can request through the email hola@fixlab.es

FIXLAB offers two services aimed at individuals, understood as Customers who own vehicles:

a) Inspection Service
The inspection service offered by FIXLAB includes and is limited to the following:

a.1) Reception of the request and response to the same with the feasibility of the reform that will be carried out on the item to be inspected, in which case the APPLICANT can request clarification about the technical part or any type of requirements that help to define the object of the inspection.

Si la revisión inicial del objeto de inspección concretase la no viabilidad de ésta, el FIXLAB informará al cliente de dicha circunstancia a través de un formulario de “rechazo de solicitud”
If the reform is possible, FIXLAB will require the APPLICANT to send the relevant documentation to carry out the inspection activity with sufficient information to make a professional judgment and in accordance with the established legal requirements.

When requesting documentation, FIXLAB will ask the APPLICANT to follow precise instructions to provide dimensions, measurements, photographs and, if necessary, videos.

It is FIXLAB's responsibility to verify the legitimacy of said documentation through publicly available resources and tools, but this does not exempt the APPLICANT from the responsibility of ensuring the veracity of the documentation and information sent.

a.2) FIXLAB will make a professional judgment on the data and measurements obtained by the APPLICANT, so it is the latter's responsibility to adapt the collection of data and measurements to what is technically required for this type of processes.

a.3) Once the inspection is completed and in the case of concluding that the object of the inspection complies with the established legal requirements, the pertinent results will be reflected and presented in a correctly referenced conformity report that contains the data specified in point 7.4.2 of ISO/IEC 17020:2012.

The provision of inspection services by Fixlab is subject to a series of conditions and general aspects detailed below:

Offers issued by Fixlab have a validity period of one month.
The formalization of the payment of the offer implies the firm request of the inspection service and the beginning of the processing of the file, as well as the consequent acceptance of all the conditions stipulated in this document.
In the event that an update of the report is necessary due to a change in the applicable legislation between the issuance of this and the ITV inspection, four cases are differentiated:

1 - Update of reports up to 3 months old from the completion of the report or older than 3 months and less than a year, the reason for the review being an error on the part of FIXLAB: the update, if feasible, will be carried out at no cost.
2 - If the update is requested between 3 months and a year and the reason for the same, and an ITV inspection appointment has not been obtained before this period, it will have to provide some evidence that the ITV appointment was requested within the 3 months following the completion of the report.
3 - If the modification of the report contemplates the inclusion of reforms not notified in the initial issuance, FIXLAB reserves the right to invoice the cost of the modification after sending the corresponding offer.
4 - For reviews of initial reports issued one year or more old, FIXLAB will treat said modification as a new report, issuing the corresponding offer to the inspection service.

According to Real Decree 866/2010, the owner of the reformed vehicle or authorized person must present the vehicle to a technical inspection (ITV) within a maximum of 15 days, presenting the Conformity Report and other necessary documentation (Workshop Certificate and Technical Project / Construction Direction as the case may be).

The dates that will be taken into account for the billing of the inspections will be:

If more than one year has passed since the signature of the first report, the date of signature of the initial report will be taken into account.
If less than one year has passed since the signature of the first report, the date of signature of the last signed revision will be taken into account.

Fixlab's compliance reports are accessible and verifiable through the website for a minimum period of 1 year.

Urgent requests may have a surcharge on the usual rates depending on the resources that must be assigned and the workload of the technical service.

The subcontracting of certain parts or the entire process of evaluating the conformity of the inspected items is not considered by Fixlab as a work method.

FIXLAB reserves the right not to accept new inspection requests from clients with pending invoices under their responsibility.

b) Platform service:
FIXLAB makes available through its platform digitalized calculation tools that facilitate the process of verification and verification of vehicle data such as verification of measurements, mass adequacy and compatibilities of different vehicle characteristics.

Engineering firms interested in accessing the service must create a profile on the website using the process described in section 4 of these TyC.

FIXLAB at no time guarantees that the results are accurate nor does it exempt Engineering from the obligation to review the result and correct it manually if it deems necessary.

4. USER REGISTRATION OR SIGN-UP
In order to access FIXLAB services, the Client must follow the User Registration or Registration process through the website www.fixlab.es prior acceptance of the Privacy Policy and these T&C.

El Cliente acepta expresamente y se obliga a proporcionar la información precisa, veraz, actual y completa que resulte necesaria al registrarse en la web de FIXLAB y en cualquier otro momento cuando sea necesario durante el uso de la misma (en adelante, los "Datos de Registro"), así como a mantener actualizados dichos datos.

FIXLAB reserves the right to deny access and use of the Services if it detects or has sufficient reasonable grounds to consider that the Client has provided inaccurate, false or fraudulent data.

The Client assumes responsibility for safeguarding their access credentials to their user profile on the FIXLAB website, and exonerates FIXLAB from any problem arising from or related to their account that is a result of not having protected or not having adopted reasonably adequate measures to protect their username and/or password.

Customer is solely responsible for all activity conducted on its account, including any misuse of its username and password, as well as any damage caused by such misuse.

The Client should note that if they choose to register or sign up using account authentication and verification services via Google or Facebook, the terms and conditions of these companies may also apply.

5. RULES OF USE
The Client may use the FIXLAB Services only for their own purpose in good faith, in accordance with current legislation, generally accepted morality and good customs, public order and these Terms and Conditions.

The use of the website and its contents, as well as the FIXLAB services, for purposes or effects that are effectively or potentially illegal, prohibited, harmful to the rights and interests of third parties, as well as the performance of any action that damages or may damage, disable, overload or deteriorate and/or cause damage or alterations of any type not consented to by FIXLAB on its website, its contents, or others is strictly prohibited.

In accordance with the above, FIXLAB reserves the right to deny access and use of the Platform and other services, including the suspension or deletion of your account, whenever the Client uses it contrary to these Terms and Conditions.

6. AVAILABILITY, ACCESS, AND SECURITY
In order to access and use FIXLAB services, a compatible device, Internet access, and a web browser are required, which may incur certain additional charges for the Client, as well as obtaining updates and new versions from time to time.

The Client expressly acknowledges and accepts that FIXLAB is not responsible in any case for:

(a) The availability and/or speed of their Internet connection or any costs their Internet connection may entail.

(b) The availability, compatibility, performance and renewal of licenses of the Client's software necessary to use FIXLAB, as well as the cost of such licenses.

The ability to use FIXLAB may be affected by the performance of these elements. Because using the Platform requires hardware, software, and Internet access.

7. PRICE AND PAYMENT METHOD
FIXLAB will always inform the Client of the price of the service prior to contracting it.

The payment method currently available is by debit or credit bank card.

In the event of non-payment, FIXLAB reserves the right to immediately interrupt the provision of services, as well as to suspend the Client's user account.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
FIXLAB is the owner or has obtained the corresponding license over the exploitation rights in terms of intellectual, industrial and image property on the content available through the Website, among others by way of example and not exhaustive: texts, graphic designs, drawings, codes, software, photographs, videos, sounds, databases, indexes, images, brands, logos, expressions and information and, in general,

All intellectual and industrial property rights over the Content are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the Content included on the Website, for public or commercial purposes, without the prior express written authorization of FIXLAB or, where applicable, the owner of the corresponding rights.

Access and contracting of FIXLAB services by the Client will in no case be understood as a total or partial waiver, transmission, license or transfer of the rights indicated above by FIXLAB.

References to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by FIXLAB or third-party companies, imply a prohibition on their use without the consent of FIXLAB or its legitimate owners.

9. DATA PROTECTION AND CONFIDENTIALITY
For more information about our data protection policy, please consult our Privacy Policy. Information about the client obtained from sources other than the client must be treated as confidential information.

10. MODIFICATION
FIXLAB reserves the right to modify these Terms and Conditions to adapt them to any change or new regulations, for technical reasons, due to changes in the Services offered by FIXLAB or due to strategic decisions of the company.

In any case, access and use of the FIXLAB Services after the modifications or changes come into force implies acceptance of the new Terms and Conditions.

12. CONTACT
The Client may contact FIXLAB for any question related to these Terms and Conditions at the following email address: hola@fixlab.es