Please read this terms of service agreement carefully. d/b/a fieldy (“fieldy”/“we”/“us”/“our”) owns and operates the website located at https://getfieldy.com/ (the “website”) and any subdomains used in connection with or related to the same, and the fieldy mobile application made available by fieldy and through third-party marketplaces (the “app”). these terms of service (as amended from time to time, these “terms of service”) apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, users who download the app, and users who simply view the content on or available through this website.
1. Registration of Accounts
(a) Accounts
To use the Service, you must sign up for and keep an account with us. You are required to provide information that is accurate and comprehensive when registering and to promptly update this information. We have the right to suspend or terminate your account and use of the Service if you provide inaccurate or incomplete information or if we have reason to believe that the information is inaccurate or incomplete. Your account can only be used to use the Service and do other things with us by authorized users. You are accountable for everything that happens through your account. Keep your user identification and password, as well as those of your authorized users, secure to prevent unauthorized use of your account. Any unauthorized use of your account or other security breach should be reported to us right away. You promise to take all reasonable measures to stop any unauthorized use by anyone who gained access to the Service either directly or indirectly through you. You promise to work with Fieldy on any efforts to stop or terminate unauthorized use of the Service.
(b) Qualification
To use the Service, you must be at least the age of majority in the country where you live, which is typically 18 or 19 in most countries. By accepting this Agreement, you guarantee to us that: a) You are at least the age of majority in your local jurisdiction; b) You have not been removed from the Service or suspended in the past; c) Your registration and use of the Service are in accordance with all laws and regulations in force.
(c) Organizational Units
The person accepting this Agreement on your behalf represents and warrants that they are authorized to bind the Corporate Entity to this Agreement, and the Corporate Entity agrees to be bound by this Agreement. If you are a company, organization, or other legal entity (the “Corporate Entity”), this Agreement applies to the Corporate Entity only. As long as the number of Managed Technicians working for you and all of your Affiliates does not exceed the number of Managed Technicians you are paying for through your subscription and as long as they are used in the operation of a single business, Managed Technicians working for your Affiliates may use the Service as part of your subscription. If you allow your Affiliates’ Managed Technicians to use your account, you agree to the following: a) you will consistently be obligated and liable for all demonstrations and oversights of your Partners that utilization the Help (and any clients utilizing the Assistance for the Member) like those demonstrations and exclusions were committed by you; b) You agree, on behalf of your Affiliates, that all data and information accessible through your account can be accessed by your Affiliates and their end users, and that Fieldy is not in charge of enforcing data access restrictions between you and your Affiliates. Your failure to do so will violate your obligations under this Agreement. The term “affiliate” refers to any entity that you control, either directly or indirectly, through one or more intermediaries, either through majority stock ownership or the ability to otherwise influence management and policies. We may from time to time require you to verify that all licenses purchased by you are used only by you and your Affiliates and in the operation of a single business if you registered for the Service under a name other than the legal name of a business. At the time of registration and renewal for the Service, you are required to inform us of your use of multiple Managed Technicians accounts for the operation of multiple businesses. This is because each business requires its own separate agreement with us. Your failure to do so will violate your obligations under this Agreement.
2. Support
Fieldy will provide you with its standard technical support services for the Service in accordance with its published support policies if you are currently paying for the Service and subject to any other agreement you may have for support for the Service.
3. Fees and Payment
(a) The General Terms of Payment. You may be required to pay fees, including any applicable taxes, for some aspects of the Service. You will have the opportunity to review and accept the fees that you will be charged prior to making any payments. All charges are made in US dollars and cannot be refunded unless otherwise agreed upon. Fieldy reserves the right, with notice to you, to alter the required payment method at any time. You are liable for refreshing your record data should the necessary installment strategy change. You are required to pay for at least that number of managed technician licenses during the applicable term if you agreed to purchase a minimum number of licenses as part of your registration for the Services (the “Minimum License Level”). During the term, additional licenses can be purchased at the same prices, with fees based on how many months you use. You can also change the number of licenses you buy from time to time, as long as you always have to buy more than the Minimum License Level. The number of users at the beginning of the month will be used to calculate the monthly fee, which will be prorated for any additional users and not reduced for users who are removed during the month. All fees paid under this agreement cannot be recouped or refunded. You acknowledge and agree that neither the delivery of any future Service functionality or features nor any public comments made by us regarding such functionality or features are necessary for you to make purchases in accordance with this Agreement.
(b) Cost. Fieldy reserves the right to set the Service’s price. Fieldy will make reasonable efforts to keep the website’s pricing information up to date. We urge you to frequently check our website for the most recent pricing information. If Fieldy notifies you in advance of any changes to the fees for any feature of the Service, including any additional fees or charges, they will take effect. Any of Fieldy’s customers may receive promotional offers with different pricing and features at its sole discretion. Unless specifically made to you, neither this Agreement nor your offer will be affected by these promotional offers.
(c) The Service by Subscription The “Subscription Service” includes payments that are set to occur on a regular basis. Fieldy is authorized to charge all accrued sums on or before the payment due date for the accrued sums on a continuing basis until either the recurring payments or your account are canceled if you activate a Subscription Service. The date on which you purchase your first subscription to the Service is referred to as the “Subscription Billing Date.” Your record will be charged naturally on the Membership Charging Date every appropriate expense and assessments for the following membership time frame. Unless you cancel your subscription or we terminate it, the subscription will continue. To avoid having the next Subscription Fee billed to your account, you must cancel your subscription before it renews. Contact us at: to cancel the Subscription Service.
(d) Accounts in Delinquency Any account that owes money but hasn’t paid it can have access to the Service, including the fee-based parts, suspended or terminated by Fieldy. A delinquent account will be charged anything related to a chargeback or collection of any unpaid amount, including collection fees, in addition to the amount due for the Service (including attorneys’ fees).
4. Termination and Term
(a) Term
The term of this Agreement begins when you sign up for a subscription to the Service and continues throughout that subscription period. Unless terminated in accordance with the provisions of this Section, annual subscriptions will continue to be charged at the same rate for subsequent annual periods. Notice of non-renewal must be given at least ninety (90) days prior to the renewal for the purposes outlined in this paragraph. It will be considered sufficient to send an email notice to Fieldy at billing@getfieldy.com. Your access to the Service and any information it has stored will also end when it is shut down. Fieldy might end this Understanding out of the blue upon 30 days’ earlier composed notice for its benefit, and will discount to you a favorable to rate part of any unused, prepaid expenses.
(b) Dissolution
For any of the following reasons, we reserve the right to immediately and without notice suspend or terminate your access to the Service and terminate this Agreement: (a) You violate any of the terms of this Agreement; b) you attempt to breach the Service’s security, or we determine that your use of the Service poses a security threat to us or another Service user;( c) You introduce a malicious program or virtual machine instance into the network; d) you interfere with the network, affecting other customers’ service performance; ( e) you use the Service in a manner that, in our sole judgment, is abusive or that interferes with or threatens the Service’s performance or availability; or on the other hand (f) we get notice or we in any case decide, in our only prudence, that you might be involving the Help for an unlawful reason or in a manner that disregards the law or abuses, encroaches, or misuses the privileges of any outsider.
(c) Termination early:
You will be responsible for a termination fee that is equal to the sum of all outstanding payments if you decide to terminate this Agreement prior to the end of its term. If Fieldy materially violates this Agreement and fails to remedy the situation within thirty (30) days of receiving your written notice, you may terminate with thirty (30) days’ notice.
(d) The Impact of Termination
If for any reason this Agreement is terminated: i) Fieldy will be reimbursed for any fees or other charges incurred prior to the termination’s effective date; ii) Any debts incurred prior to the termination’s effective date will continue to exist; (iii) The following sections will continue to exist: The chapters 5, 7, 8, 9, and 11-30. Additionally, if you cancel this agreement before the end of its term, you will be responsible for a termination fee that is equal to all outstanding payments. The main special case is that you might end with thirty (30) days’ composed notification in the event that Fieldy tangibly penetrates this Arrangement and doesn’t fix the break inside thirty (30) days’ of accepting your composed notification. Fieldy will make reasonable efforts to export and provide you with the information in your account in electronic format upon your request and subject to any specific restrictions applicable to you or your data following termination. Service fees may apply; however, Fieldy is not obligated to retain that information following termination and makes no representation regarding the integrity, completeness, or timeliness of any data so exported.
(e) Customer data retrieval
Fieldy will grant Customer limited access to the Service for up to sixty (60) days, free of charge, solely for the purpose of retrieving Customer Data, upon written request made by Customer prior to the Agreement’s expiration or termination. The term “Customer Data” refers to any electronic data, information, or business data that the Customer, an authorized user, or a third party directly creates for the Customer’s use in connection with the Service. Despite the prior, Client Information does exclude non-recognizable accumulated information ordered by Fieldy regarding Client’s utilization of the Administrations. Fieldy is free to delete Customer Data by deleting Customer’s account, unless legally prohibited, after this Retrieval Period and subject to Fieldy’s legal obligations regarding access to and correction of personal information, including but not limited to the following: given, nonetheless, that Fieldy won’t be expected to eliminate duplicates of the Client Information from its reinforcement media and servers until such time as the reinforcement duplicates are booked to be erased, gave further that in all cases Fieldy will keep on safeguarding the Client Information as per the Understanding. In either the standard Microsoft Tape Format (MTF) or Microsoft SQL Server backup format (BAK), authorized points of contact will have access to customer data. To be clear, Fieldy’s standard web services can be used by Customer to extract Customer Data during the Term.
5. The Service’s Access
Changes to the Service We do not provide the necessary hardware for you to use the Service. All third-party fees (such as Internet access fees) for using the Service are your responsibility. You agree and acknowledge that Fieldy may update or otherwise modify the Service at any time during or after your Subscription Service term, provided that such modifications do not significantly diminish the Service’s features or functionality. Without prior notice, we reserve the right to modify or discontinue the Service in whole or in part, either temporarily or permanently. Except in the event that we permanently discontinue the Service, we will not be responsible to you or any third party for any modification, suspension, or termination of the Service.
6. Restrictions
When using the Service, you are responsible for adhering to all applicable laws, including privacy laws; To make things clear, you will be in charge of informing parties that phone calls are being recorded and making sure that all text messages are sent with the valid consent of the recipients, include required information, and have an effective way to unsubscribe, if necessary. You will not do, and you will not permit anyone else to do, anything that is not expressly permitted by applicable law or by us in writing.
a. Use the Service in a way that is against the law or against any laws at the local, state, national, or international level;
b. Harass, threaten, ridicule, or harm another user of the Service in any other way;
c. Infringe upon or misappropriate any intellectual property rights of a third party, or encourage others to do so;
d. Use the Service in a way that violates any advertising or marketing laws, such as CAN-SPAM, the Telephone Consumer Protection Act, the Telemarketing Sales Rule of the Federal Trade Commission, Canada’s Anti-Spam Legislation (CASL), or the CRTC Unsolicited Telecommunications Rules, including those pertaining to
- (i) Permitted calling times;
- (ii) The consent of customers to be contacted via phone and/or text message (including, where applicable, opt-in and opt-out consent and do not call lists);
- (iii) The text message content requirements and timeframes for responding to unsubscribe requests;
- (iv) Any do not call lists-related registration requirements; and
- (v) Any notices that need to be handed out to potential clients when they call. e. import or transfer any data that is sensitive or regulated, such as financial information (such as credit card numbers), health information, medical information, pharmaceutical information, information about children under the age of 13, or other sensitive or regulated data (such as Social Security numbers); f. tamper with the Service’s security-related features, such as by:(I) Crippling or dodging highlights that forestall or restrict use or duplicating of any satisfied; or (ii) Attempting to decipher the source code of any portion of the Service through reverse engineering or any other method, unless specifically permitted by applicable law; g. disrupt the Service’s operation or any user’s enjoyment of the Service, such as by: I) transferring or in any case spreading any infection, adware, spyware, worm, or other pernicious code;
(ii) Contacting another Service user with an unsolicited offer or advertisement;
(iii) Obtaining personal information without a user’s or third party’s permission; or
(iv) Disrupting or interfering with any network, equipment, or server that is connected to or utilized in the provision of the Service; h. engage in any fraudulent behavior, such as pretending to be someone or something else, claiming a false affiliation, accessing another Service account without permission, or lying about your age or date of birth; i. sell or transfer the access granted by this Agreement or any right to view, access, or use the Service; or on the other hand j. endeavor to do any of the demonstrations portrayed in this Segment 7 or help or license any individual in participating in any of the demonstrations depicted in this Part 7.
7. Ownership
We retain all rights, title, and interest in and to the Service, including all related intellectual property rights, with the exception of the access rights explicitly granted to you in this Agreement. Intellectual property laws, such as copyright laws in the United States and Canada and international treaties, safeguard the Service.
8. Feedback
By providing us with feedback about the Service or Fieldy’s website (collectively, “Feedback”), you grant us permission to use it without restriction or compensation. As a result, you grant us a non-exclusive, fully compensated, royalty-free, perpetual, and irrevocable license to use the Feedback for any purpose.
9.
Information You can integrate your data from other services by uploading information to the Service and linking it to other services. We may also collect information about your use of the Service, such as your registration information. You grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, transmit, distribute, and otherwise exploit all such information in the following ways: a) internally, subject to Fieldy’s Section 11 obligation of non-disclosure and compliance with applicable laws, including privacy laws; and (b) in accordance with our Privacy Policy and California Data Processing Addendum, whether internally or externally, in aggregate or anonymous form. Content, which includes text, images, videos, and other forms of audiovisual or informational content (collectively, “Content”), may only be uploaded to the Service by you or with permission from another rights holder. On Fieldy’s website and other marketing materials, you consent to Fieldy using your name, logo, and other marks to identify you as a customer.
10.
(a)
Definition of Confidential Information: Confidentiality All information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure is considered “Confidential Information” by one party (the “Disclosing Party”) to be communicated to the other party (the “Receiving Party”) orally or in writing. Anything you upload to the Service that is not public information is included in your Confidential Information. Fieldy’s services and content, as well as the terms and conditions of all Customer Success Agreements and Order Forms (including pricing), are all considered confidential information. Business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by each party are all considered confidential information. However, information that (i) is or becomes generally known to the public without violating the obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without violating the obligation owed to the Disclosing Party, (iii) is received from a third party without violating the obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party is not included in the definition
(b)
Non-Use and Non-Divulgence of Secret Data. Receiving Party will only use Confidential Information to receive or provide the Service, unless otherwise specified in this Agreement or the Privacy Policy. Without your consent, Fieldy will not disclose your Confidential Information to any third party, with the exception of Fieldy’s rights under Sections 10, 16, and 17. This includes information regarding the prices of the goods and services that you might market and sell through the Service. However, Fieldy may share your Confidential Information if required to do so by law or if Fieldy reasonably believes that doing so is necessary to safeguard Fieldy or any third party from harm. If you access Fieldy or your Fieldy data through a third-party application, you will be considered to have given your consent to disclosure for the sole purpose of disclosure in connection with your use of that third-party application. Fieldy will make all reasonable efforts to notify you in writing as soon as possible if Fieldy is required by law to disclose any of that information or material. In addition, we reserve the right to share information about your account with a referral or other promotional partner or an industry or trade group with whom we have a commercial relationship in connection with that commercial relationship if you sign up for the Service through one of these channels. Fieldy will not contact your customers directly or provide any personally identifying or contact information about your customers to any third party without your permission, with the exception of what is required by law. However, if you access Fieldy or your Fieldy data through a third-party application, you will be considered to have given consent only to the disclosure in connection with your use of that third-party application.
(c)
Confidential Information Security The Confidential Information of the Disclosing Party must be kept secret and protected from unauthorized use by the Receiving Party through reasonable measures. Prior to any disclosure of Confidential Information to the Receiving Party, the Receiving Party is required to sign a nonuse and nondisclosure agreement that is at least as protective of the Disclosing Party’s Confidential Information as the provisions of this Agreement, and it is also required to take at least those measures that it employs to protect its own Confidential Information of a similar nature (but in no event less than a commercially reasonable standard of care). On any copies made by the Receiving Party, the proprietary rights notices of the Disclosing Party must be reproduced in the same manner as they were on the original Confidential Information.
11.
You will defend and indemnify Fieldy and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “Fieldy Entities”) from and against every claim brought by a third party, as well as any related liability, damage, loss, and expense, including reasonable attorneys’ fees, arising out of or connected with: (a) Your use of the Service is your sole responsibility to the fullest extent permitted by law. (a) Your improper or unauthorized use of the Service; ( b) Your breach of any provision of this Agreement, any representation, warranty, or agreement referred to in this Agreement, or any applicable law or regulation; (c) your violation of any third-party right in connection with your use of the Service or any data, materials, or information you provide to the Service, including intellectual property rights, publicity rights, confidentiality rights, or privacy rights; or (d) any issue or disagreement you have with a third party. Without limiting your obligation to indemnify, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you agree to cooperate with our defense of those claims.
12.
If circumstances beyond Fieldy’s reasonable control cause Fieldy to delay or fail to perform any obligation under this Agreement, Fieldy will not be liable to you.
13.
Ability to Assign Without Fieldy’s prior written consent, you may not assign this Agreement or any of its rights, duties, or obligations, including, to avoid confusion, to any business acquirer. Your heirs and assigns will be bound by this Agreement if you consent. You are not allowed to transfer any of your rights, responsibilities, or obligations under this Agreement unless specifically stated to do so. Without your consent, Fieldy may transfer this Agreement or any of its rights, responsibilities, or obligations.
14.
Subcontractors Fieldy may use one or more subcontractors or other third parties to carry out its responsibilities under this Agreement so long as Fieldy is still accountable for all of its responsibilities.
15.
Any notice required or permitted to be given in accordance with this Agreement must be in writing, sent by certified or registered mail, insured courier, return receipt requested, to the appropriate party at the addresses listed below for Fieldy and in your account for you, with the appropriate postage attached, unless otherwise expressly stated in this Agreement. In accordance with this Section, either party may notify the other of a change to its address for notice receipt.
16. Severability
In the event that a court of competent jurisdiction finds any part of this Agreement to be illegal, unenforceable, or invalid, the remaining parts will remain in full force and effect. Your right to use the Service will be immediately revoked if any material restriction imposed by this Agreement is found to be illegal, unenforceable, or invalid.
17. Privacy Statement
The Service gathers information about your use of the Service through technological means as well as information provided by you explicitly and knowingly. Fieldy may collect, use, disclose, and retain your personal information in accordance with the Fieldy Privacy Policy (https://www.getfieldy.com/privacy-policy), as amended from time to time, and as otherwise permitted by applicable law, if you use the Service.
18.
Additional Terms Any additional terms, policies, rules, product documentation, published materials, or guidelines that we may post on the Service or link to from the Service (the “Additional Terms”) that apply to the Service or certain features of the Service are subject to your use of the Service. By way of this reference, this Agreement is made a part of all Additional Terms.
19.
Use in Other Countries The Service is made for people who come to the United States and Canada. We do not warrant that the Service is suitable for use in locations other than the United States and Canada. It is against the law for individuals or nations where such access is prohibited to access the Service.
20. Maps by Google
Google powers the Google Maps that are made available to you through the Service. By using Google Maps, you agree to be bound by the terms of the Google Maps Terms of Service, which can be found online at https://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.google.com/intl/ALL/policies/privacy/index.html
21. Notice to Apple
This Section 29 only applies to the extent that you use our iOS-based mobile application. You acknowledge that Fieldy and you are the sole parties to this Agreement, not Apple Inc. (“Apple”), and that Apple is not accountable for the Service or its content. Apple has no commitment to outfit any upkeep and backing administrations regarding the Help. You can notify Apple if the Service does not comply with any applicable warranty, and Apple will reimburse you for any applicable purchase price for the mobile application; Additionally, Apple is exempt from any other warranty obligation with regard to the Service to the fullest extent permitted by applicable law. Apple is not liable for responding to any claims you or any third party may have regarding the Service or your possession and/or use of the Service, including but not limited to: (a) claims for product liability; (b) any claim that the Service does not meet any legal or regulatory requirement; or (c) claims brought about by consumer protection or legislation similar to it. The investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe intellectual property rights of a third party are not the responsibility of Apple. When you use the Service, you agree to abide by any applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and if you accept it, Apple will have the right to enforce it against you as a third-party beneficiary. You will be deemed to have accepted this right upon acceptance. You warrant and represent that: (i) You are not located in a country that the United States Government has designated as a “terrorist supporting” country or subject to an embargo; Secondly, you are not on any list of restricted or prohibited parties maintained by the United States government.
22. The Entire Agreement
The terms of this agreement, together with any additional terms, represent the entire agreement between the parties regarding your use of the service. All prior written and oral communications regarding these issues are merged into this Agreement, which supersedes and governs them in their entirety. If a statement, representation, warranty, or other expression is not specifically outlined in this Agreement, no Fieldy employee, agent, or other representative has the authority to bind Fieldy. No utilization of exchange or other customary practice or technique for managing between the gatherings will be utilized to adjust, decipher, supplement, or change the provisions of this Understanding. Additional Terms for Fieldy Phones and Phone Functionality
(a)
If you register to use Fieldy’s Phones ProTM services or use other telephony services or functionality on Fieldy, your use of such services or functionality is subject to these additional terms and conditions. Fieldy specifically objects to any term, condition, or other provision that is different from or in addition to this Agreement (whether or not it would materially alter this Agreement) that is proffered by Subscriber in any receipt, acceptance, confirmation, correspondence, or otherwise
(b)
Phone additions and subtractions. Fieldy Phones Pro can be upgraded at any time during the month. For permit moves up to our Fieldy Telephones Genius, you will be charged the allocated contrast between the Norm and High level permit expenses until the end of the dynamic charging cycle. You may purchase additional licenses for these services at the same pricing throughout the term, with fees prorated for partial months. You may also make periodic adjustments to the actual number of licenses purchased, provided that you must always purchase a number of licenses that are at least equal to or greater than the Minimum License Level outlined in your Customer Success Agreement.
(c)
Dialpad powers it. The VoIP calling technology developed by Dialpad Inc. powers Fieldy Phones Pro. In order to provide Fieldy Phones Pro and support it, you agree that we may share your personal and business information with Dialpad in accordance with our Privacy Policy.
(d)
Fieldy Phones determine fees. Our charges for communication administrations may likewise incorporate Bureaucratic General Assistance, Administrative and Regulatory Charges, and we may likewise incorporate different charges connected with our administration costs. These fees are set by Fieldy; they may likewise comprise of assessments legally necessary. Fieldy keeps them in whole or in part, and he can change the amounts and what they pay for at any time.
(e)
No matter if you use Fieldy Phones Pro or not, the rules for “local number portability” (LNP) set by the Federal Communications Commission (FCC) apply to the porting of phone numbers into Fieldy. Customers can use Fieldy to port local and toll-free numbers for call tracking and recording in the Service. As the owner of record, a Customer will own any number that they port to Fieldy or obtain through Fieldy. Fieldy will not try to prevent an authorized port or hold or restrict the transfer of any such number. Customers who host numbers through Fieldy are still the owner of records for those numbers, and they are eligible to port those numbers out at any time. There are no fees for entering or exiting the port at Fieldy.