CALL FELIX TERMS AND CONDITIONS
Version February 13, 2025
Call Felix is a home management service that helps you keep your home safe, comfortable, and well maintained. Call Felix is not a property management company nor is it licensed to perform property management.
These Terms and Conditions constitute an agreement (this "Agreement") made by and between the person or company listed on the Customer Information Form (“you” or “your”) and Call Felix, LLC, an Arizona limited liability company (“us”, “we” or “our”) (you and us are collectively known as the "Parties"). You acknowledge and understand that we intend to make the Subscription Services available through an online website (www.callfelix.com) and that, in the event we do so, the terms of this Agreement will be posted on such website. By signing up for the Subscription Services and continuing to use them, you agree to be bound by this Agreement, including any updates or revisions posted on the Site or otherwise communicated to you in writing as well as our Privacy Policy
https://www.callfelix.com/privacy.
DEFINITIONS
“Additional Services” means the services the services published at https://www.callfelix.com/manufactured-home-services for manufactured home services, as may be amended by us from time to time and incorporated herein by reference.
“Initial Services” means the services the services published at https://www.callfelix.com/manufactured-home-inspection-services for manufactured homes, as may be amended by us from time to time and incorporated herein by reference.
“Maintenance Services" means the Preventive Maintenance and Additional Services.
“Preventive Maintenance” means the services published at https://www.callfelix.com/manufactured-home-preventive-maintenance-services for manufactured homes, as may be amended by us from time to time and incorporated herein by reference.
“Property” means the address listed on Customer Information Form incorporated herein by reference.
“Published Prices” means the prices listed on the https://www.callfelix.com/#Pricing, as may be amended by us from time to time.
“Subscription Fee” means the fees set out on the attached https://www.callfelix.com/#Pricing and incorporated herein by reference.
"Subscription Service" means providing you with i) home management services through a hosted software platform, whereby you are able to outsource maintenance management of major appliances, HVAC, plumbing, and general home maintenance issues, ii) the Maintenance Services, and iii) preferred access to Third Party Service Providers.
“Site” means the website located at www.callfelix.com.
“Subscription Start Date” means the date on which you agree to this Agreement.
“Term” means the time period during which you use the Subscription Services.
“Third Party Service Provider" means providers of services outside of the Maintenance Services.
TERM
The Term of this Agreement shall begin on the Subscription Start Date and shall continue on a month to month or annual basis depending on your subscription. You may cancel the Term at any time by providing no less than 30 days prior written notice to us. If you terminate the Term, you will not be entitled to a refund of any portion of the Subscription Fees previously paid. We reserve the right to terminate this Agreement at any time for any reason.
INITIAL SERVICES/PREVENTIVE MAINTENANCE
Within 90 days following the Subscription Start Date, we will schedule a time with you to perform an inspection of your Property and the Initial Services. During the initial inspection, we will perform the Initial Services. If, during the inspection of your Property, we determine that the Property is not suitable for the Maintenance Services for any reason, in our sole and absolute discretion, we reserve the right to refuse to provide the Subscription Services to you and to terminate the Term. If we terminate the Term at our initial inspection of the Property, we will not perform the Initial Services and we will refund any Subscription Fees paid by you. As part of the Subscription Service, we will provide the Preventive Maintenance twice during each twelve month period.
ADDITIONAL SERVICES
During the Term, at your written request, we will provide any of the Additional Services identified by you in accordance with a written quote provided by us to you. Payment for the Additional services will be due in accordance with the payment terms set forth on the quote.
THIRD PARTY SERVICES
At your request, we may recommend a Third Party Service Provider. If we recommend any Third Party Service Provider, you understand and acknowledge that different terms will apply to your use of such Third Party Service Providers pursuant to an agreement solely between you and the Third Party Service Provider. You further understand that if you uses the services of any Third Party Service Provider, we may receive a referral fee from such Third Party Service Provider. You acknowledge and understand that Third Party Service Providers are not agents, partners or employees of us, and we do not endorse and are not responsible for any claims or other disputes that may arise as a result of your use of a Third Party Service Provider. You further acknowledge and understand that if you have a dispute with any Third Party Service Provider, you must address such dispute directly with the Third Party Service Provider; provided however, that you agree to provide us with any information related to such dispute within three (3) days following the development of such dispute.
SCHEDULING
During the Term, we will contact you to schedule the Preventive Maintenance, or any Additional Service(s) requested by you. Online scheduling of the Maintenance Services is facilitated through Jobber. By using the Subscription Services, you agree to the terms and conditions of Jobber
https://www.getjobber.com/deepdive/terms/. You agree to be available and provide us access to the Property during the scheduled date and time.
ACCESS TO PROPERTY
You agree to provide us and our agents access to the Property during any scheduled Maintenance Service. You are solely responsible for ensuring that your Property is compliant with any Property requirements identified by us for the provision of the Maintenance Services, including without limitation, having a person 18 years of age or older at the Property and ensuring that all animals or pets are secured in areas away from areas that must be accessed by us.
CANCELLATION FEES/TRIP CHARGES
We reserve the right to charge to you a cancellation fee at the then current Published Price (a) for any cancellation by you of any Maintenance Services that occurs less than 24 hours from the scheduled date and time of such Maintenance Service, or (b) if you fail to provide access to the Property at the scheduled date and time of the such Maintenance Service. If any of our Property requirements are not met, we reserve the right, in our sole discretion, to cancel the provision of the Maintenance Services and charge you a trip charge at the then current Published Price.
PAYMENT OF FEES
During the Term, you agree to pay the Subscription Fee and any other applicable fees. By providing your credit card or banking ACH information, you authorize us to automatically charge your credit card or debit your account for all applicable fees including but not limited to the Subscription Fee, and consent to the terms and conditions of Stripe [hyperlink to Stripe’s T&Cs]. Monthly Subscription Fees will be charged or debited beginning on your Subscription Start Date and on every monthly anniversary of your Subscription Start Date during the Term. Fees for any Additional Services (including any replacement parts that may be required in connection with any Additional Service) will be charged or debited when the Additional Services are completed. You agree to provide accurate, current, and complete payment information and agree to promptly notify us of any updated information, including but not limited to expiration or cancellation of your credit card. If you fail to make any payment when due or if any credit card or automatic debit is rejected, we may suspend the provision of your Subscription Services until such amount is paid. We will charge interest on any past due amount at the lower of a rate of 1.0% per month or the highest rate permitted under applicable law. Additionally, we will charge a fee equal to $50.00 as a late payment charge. You further acknowledge and agree that we reserve the right to charge you for any payment processing fees associated with payments made by credit card or ACH.
LINKS
The Site may link to other websites operated by third parties. You acknowledge that we are not responsible for the content or accuracy of any off-Site pages or any other sites linked to the Site. By clicking on such links, you agree to the terms and conditions of such third party websites. Additionally, you acknowledge and agree that any such third party website is governed by the terms and conditions of such third party. For example, if we provide a link to x.com, which is subject to x.com’s Terms and Conditions of Use, and NOT this Agreement.
COMMUNICATIONS
By providing us your email address and cellular telephone number, you consent to receiving email and text communications regarding the Subscription Services and the scheduling and provision of the same.
NOTICE
We may deliver notice to you under this Agreement by means of electronic mail or by written communication delivered by first class U.S. mail to your address on the Customer Information Form. You may give notice to us at any time via electronic mail to us or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Call Felix, LLC
5416 E. Baseline Road, Suite 129
Mesa, AZ 85206
e-mail: felix@callfelix.com
DISCLAIMER OF WARRANTIES
ALL SERVICES WILL BE PERFORMED PROFESSIONALLY AND TO INDUSTRY STANDARDS. ANY ISSUES ARISING FROM WORK PERFORMED BY AN IN-HOUSE PROVIDER WITHIN 6 MONTHS FROM THE COMPLETION DATE WILL BE ADDRESSED BY THE SERVICE PROVIDER AT NO ADDITIONAL COST, PROVIDED THEY ARE NOT DUE TO IMPROPER USE OR LACK OF MAINTENANCE BY THE CLIENT. EXCEPT AS OTHERWISE STATED HEREIN, THE SUBSCRIPTION SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE NO WARRANTIES ABOUT SERVICES PROVIDED BY ANY THIRD PARTY SERVICE PROVIDER.
LIMITATION ON LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES) RESULTING FROM THE SUBSCRIPTION SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT WE MAY BE LIABLE TO YOU, YOU AGREE THAT THE EXTENT OF THE ACTUAL DAMAGES INCURRED BY YOU MAY NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO US. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
INDEMNIFICATION
You agree to defend, indemnify and hold us, our managers, members, officers, directors, employees and agents, licensors and suppliers harmless from and against any injury, claim, action or demand, liability and settlement, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from i) our provision of the Subscription Services at your Property, or ii) failure by you to pay for the Subscription Services. We shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. This indemnity does not include the intentional or grossly negligent acts or omissions of us or our agents, contractors or employees.
WAIVER OF JURY TRIAL
EACH PARTY HEREBY IRREVOCABLY WAIVES ITS RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS RELATING TO ITS SUBJECT MATTER.
OWNERSHIP
We retain full copyright ownership, rights and protection in all material contained on Site (including all software, HTML code, Java applets, Active X controls and other code) except to the extent such material has been provided by any third party, which ownership is retained by such third party (e.g., Stripe). Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, reproduce, publish, license, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images or other material found on this Site.
None of the material contained on the Site may be reverse engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of us.
All content of the Site is copyright © 2025 CALL FELIX, LLC. All rights reserved.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between the you and us and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. We, in our sole discretion may amend this Agreement, in which case we will notify you in writing delivered to you by email. This Agreement is governed by the internal substantive laws of the State of Arizona, without regard to conflict of law principles. You agree that service of process may be made upon you wherever you can be located or by certified mail directed to your address for notices under this Agreement. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the Subscription Services, resides in the state or federal courts of Maricopa County, State of Arizona. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to us must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. You may not assign this Agreement without the prior written consent of us, which consent we may withhold in our sole and absolute discretion.
SURVIVAL
The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification”, “Wavier of Jury Trial” and “General Provisions” will survive termination of this Agreement.
Still have a question?
If you have questions or concerns about this Terms and Conditions, please contact us:
