Terms of Service
FieldServicely, presented by Apploye Inc., is a field service management tool structured to enhance productivity.
The following terms and conditions (the “Agreement”) govern all use of the FieldServicely website (the “https://fieldservicely.com”) and its related services (“the Service”) subject to your compliance with the terms and conditions (“Terms of Service/TOS”) set forth below. The service is connected to the management of field service operations.
Acceptance of Terms
By accessing or using FieldServicely, you acknowledge and agree to be bound by these Terms of Service (ToS), which encompass a legal agreement between you and FieldServicely.
Your use of FieldServicely is conditional upon your acceptance of these terms and any additional terms and conditions presented to you upon registration or use of the service. These ToS govern your access to and use of FieldServicely, and any services, software, and content provided on or through the platform.
If you are entering into these ToS on behalf of a company, organization, or another legal entity, you represent that you have the authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these ToS, you must not accept this agreement and may not use the services. Your continued use of FieldServicely signifies your ongoing agreement to these ToS and any subsequent changes made to them.
You are responsible for reviewing the ToS periodically for any modifications.
User Registration and Account Integrity
To gain full access to FieldServicely’s suite of field service management tools, users must complete a registration process. This process involves providing accurate and current information as prompted by the service's registration form, which may include but is not limited to, your name, company affiliation, address, phone number, and email address. Upon successful registration, you will create a unique username and password that will serve as your credentials for accessing FieldServicely.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account due to your conduct, inaction, or negligence. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) to enhance the security of your account.
In the event of any unauthorized use of your account or any other breach of security, you agree to immediately notify FieldServicely. FieldServicely will not be liable for any loss or damage arising from your failure to comply with this obligation or from any unauthorized access to or use of your account.
If FieldServicely determines that account information was falsified, or that the service is being used in a manner contrary to the intended purpose and policies, or that the account is being used for unlawful or unauthorized activities, we reserve the right to suspend or terminate the account. Consequences of account misuse may include, but are not limited to, loss of access to services, deletion of information associated with your account, and legal action, depending on the severity of the misuse.
We commit to ensuring the integrity and security of the service and expect all users to adhere to these principles for the benefit of all stakeholders involved.
Privacy Policy
Our detailed privacy policy is outlined in (https://fieldservicely.com/privacy-policy). Agreeing to these Terms of Service implies that you also agree to our Privacy Policy.
FieldServicely is dedicated to safeguarding the privacy and security of our users' data. Our Privacy Policy is designed to inform you about the collection, use, protection, and sharing of information that you provide when using our services.
When you register for FieldServicely, you will be asked to provide personal information that may include your name, company name, contact details, and payment information. This information is used to create your account, facilitate billing processes, provide customer support, and enhance your user experience.
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. These measures include data encryption, firewalls, and secure socket layer technology (SSL) to protect information transmitted over the internet.
FieldServicely will not share, sell, rent, or trade your personal information with third parties for their commercial purposes. We may disclose information to third parties when it is necessary to provide you with services, comply with the law, enforce our site policies, or protect our or others' rights, property, or safety.
We may use your contact information to communicate with you about our services, inform you of changes to our policies, send periodic emails, and for internal marketing purposes. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Cookies and similar technologies may be used to enhance your experience, gather general visitor information, and track visits to our service. This information helps us understand and save your preferences for future visits and compile aggregate data about site traffic and interaction so that we can offer better site experiences and tools in the future.
Our Privacy Policy may be updated from time to time to reflect changes to our information practices. We encourage you to review it periodically.
By using FieldServicely, you consent to our Privacy Policy and agree to its terms. If you have any questions about our privacy practices or this Privacy Policy, please contact us at the information provided in our contact section.
Modification of Terms and Service
FieldServicely reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the FieldServicely service following the posting of any changes to this Agreement constitutes acceptance of those changes. FieldServicely may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
We will endeavor to notify users of any significant changes to the Terms of Service or to the FieldServicely platform itself. Notifications may be provided by any one or more of the following methods: (1) via an email sent to the address specified in your account, (2) through an announcement on the service itself, or (3) through a message sent to your FieldServicely dashboard.
In some cases, we may seek your explicit agreement to the updated terms before you can continue using the service, while in other cases, your affirmative continuation of use of the FieldServicely service will represent your acceptance of the changes. We encourage you to review the published Terms of Service regularly to be aware of any changes that may affect you.
Payments, Renewals, and Billing
FieldServicely operates on a subscription-based model, with payments due at the beginning of each billing cycle. The billing cycle is typically monthly or annually, depending on the type of subscription plan you select. Paddle.com serves as the merchant of record for FieldServicely's services.
Payment Structure: When you sign up for FieldServicely, you will choose a subscription plan and provide a valid payment method. We will charge your chosen payment method for any applicable fees associated with your subscription plan, including setup fees, subscription fees, and any usage-based fees, as detailed in your service agreement.
Billing Cycle: Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month or year without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or year until you cancel. We will automatically charge you the applicable amount using the payment method you have on file with us.
Renewal Procedures: Your subscription will renew automatically unless you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the billing of the next period’s fees to your payment method.
Cancellation Policy: You may cancel your FieldServicely subscription at any time. Upon cancellation, your service will remain active until the end of the current billing cycle. You must cancel at least 24 hours before the next scheduled renewal date to avoid being charged for the next billing cycle.
Refund Policy: Payments are non-refundable and there are no refunds or credits for partially used periods, except as required by law or as otherwise specifically permitted in this Agreement. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Changes to Fees: FieldServicely reserves the right to change our subscription plans or adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes or changes to your subscription plan will take effect following notice to you.
Outstanding Payments: If any fees owed to FieldServicely by you (excluding amounts disputed reasonably and in good faith) are fourteen (14) or more days overdue, FieldServicely may, without limiting our other rights and remedies, suspend your access to the service until such amounts are paid in full.
For any financial or billing inquiries or issues, please contact our billing department. We are committed to providing clear and transparent billing, and we’re happy to assist with any questions or concerns you may have.
Limitation of Liability
To the fullest extent permitted by applicable law, FieldServicely, its affiliates, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use FieldServicely; (ii) any conduct or content of any third party on FieldServicely; (iii) any content obtained from FieldServicely; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
Disclaimer of Warranties
FieldServicely and all related services are provided "as is" and "as available," without any warranties of any kind, either express or implied. FieldServicely expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing or usage of trade.
FieldServicely makes no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through FieldServicely.
No advice or information, whether oral or written, obtained from FieldServicely or through the service, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of FieldServicely and with other persons with whom you communicate or interact as a result of your use of the service.
You acknowledge that FieldServicely does not control the transfer of data over communications facilities, including the Internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. FieldServicely is not responsible for any delays, delivery failures, or other damage resulting from such issues.
Your use of FieldServicely and any content accessed through our service is entirely at your own risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system, or the loss of data that results from the download or use of such content or service.
Indemnification
You agree to defend, indemnify, and hold harmless FieldServicely, its officers, directors, employees, and agents, from and against any and all claims, charges, actions, liabilities, investigations, lawsuits, and damages (including, but not limited to, all direct, indirect, special, consequential, or exemplary damages, loss of profits, personal injury, death, property damage, and claims of third parties), arising out of or related to (i) your access to or use of the FieldServicely service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you.
You will cooperate as fully required by FieldServicely. in the defense of any claim. FieldServicely reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of FieldServicely.
Intellectual Property
FieldServicely, its original content, features, functionality, and the software used to provide the service are and will remain the exclusive property of Apploye Inc. and its licensors. The service and the content provided within the service, including all intellectual property rights therein, are and shall remain the property of Apploye Inc. The trademarks, service marks, and logos of FieldServicely used and displayed in connection with the service are registered and unregistered trademarks or service marks of Apploye Inc. Other company, product, and service names used in the service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with FieldServicely Trademarks, the "Trademarks"). The offering of the service shall not be considered as granting, by implication or otherwise, any license or right to use any Trademarks displayed in the service without the prior written permission of Apploye Inc. or the Third-Party Trademark holder. Use of the Trademarks as part of a link to or from any service is prohibited unless Apploye Inc. approves the establishment of such a link by prior written consent. All goodwill generated from the use of FieldServicely Trademarks will ensure Apploye Inc.’s exclusive benefit.
You may not copy, modify, distribute, sell, or lease any part of our service, nor may you reverse engineer or attempt to extract the source code of the software, except as laws prohibit these restrictions or you have our written permission. Unauthorized use of any Trademarks, including reproduction, imitation, dilution, or confusing or misleading uses, is prohibited under the trademark law. You must not use FieldServicely’s intellectual property without the express written permission of Apploye Inc.
You are granted a limited, nonexclusive, non-transferable license to use FieldServicely and its content in accordance with these Terms of Service. This license is for the sole purpose of enabling you to use FieldServicely as provided by Apploye Inc., in the manner permitted by these Terms of Service. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Termination of Service
FieldServicely may terminate your access to and use of the FieldServicely service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service or may follow the instructions on the service that allow you to remove your account.
Upon termination of your account, your license to use the service will be revoked, and your access to any data or content stored within FieldServicely will be discontinued. FieldServicely reserves the right to retain or delete data in accordance with applicable laws and our data retention policy. You are advised to export your data before the end of your subscription term or before you initiate the cancellation of your account to ensure you retain all the information you require.
In the event of account termination, whether by you or by FieldServicely, we may delete any data associated with your account or may retain the data for a commercially reasonable time for backup, archival, or audit purposes. FieldServicely is not responsible for any loss or harm related to the inability to access or delete any content.
Furthermore, sections of the Terms of Service that, either explicitly or by their nature, must remain in effect even after termination of the Terms of Service, shall survive termination. This includes, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Dispute Resolution
Any dispute arising from or related to the use of FieldServicely or these Terms of Service shall first be addressed through friendly negotiations between you and FieldServicely. Should such informal negotiations fail to resolve the dispute, both parties agree to attempt to resolve the dispute through binding arbitration.
General Provisions
This Terms of Service constitutes the entire agreement between you and FieldServicely, concerning FieldServicely and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FieldServicely with respect to FieldServicely. No modification of the Terms of Service will be effective unless it is authored by FieldServicely or made by a physical change to the Terms of Service by an authorized representative of FieldServicely.
Assignment: You may not assign or delegate any rights or obligations under the Terms of Service without FieldServicely's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective. FieldServicely. may freely assign these Terms of Service and their rights and obligations hereunder without restriction.
Notification of Changes: FieldServicely reserves the right, at its sole discretion, to modify or replace any part of the Terms of Service. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of or access to FieldServicely following the posting of any changes to the Terms of Service constitutes acceptance of those changes. FieldServicely may also, in the future, offer new services and/or features through FieldServicely (including the release of new tools and resources). Such new features and/or services shall be subject to the current Terms of Service.
Severability: If any part of the Terms of Service is found to be invalid, illegal, or unenforceable, the remaining portions of the Terms of Service will remain in full force and effect and, if feasible, the invalid, illegal, or unenforceable portion will be replaced with an effective provision that most closely matches the intent of the original provision.
Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by FieldServicely via email (in each case to the address that you provide) or (ii) by posting to FieldServicely. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver: No waiver by either party of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FieldServicely to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Force Majeure: FieldServicely shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FieldServicely’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
These General Provisions shall survive any termination or expiration of the Terms of Service.
Contact Information
For any questions, concerns, or issues regarding these Terms of Service or any other aspect of your use of FieldServicely, please contact via email support@fieldservicely.com