Effective Date: 2025-09-06
These Terms of Service (the “Terms”) are a legal agreement between you and FieldSynX (“FieldSynX,” “we,” “us,” or “our”) that govern your access to and use of the FieldSynX platform, including the web application for office users and the mobile application for field technicians (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms.
The Service is provided for business use only. You must be at least the age of majority in your jurisdiction and authorized to bind your organization. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
Access to the Service is provided on a subscription basis and auto‑renews monthly until cancelled. Pricing is in USD. The current plan includes two (2) seats in the base price; additional seats are billed per seat per month. If you add seats mid‑cycle, we may charge a prorated amount for the remainder of the billing period. Decreases to seat counts take effect on the next renewal. Except where required by law, fees are non‑refundable. We may change pricing with at least 30 days’ advance notice via email or in‑app notice.
We may offer a 30‑day free trial. Trial access is provided “as is” and may be suspended or terminated at any time. At the end of the trial, continued use requires a paid subscription.
The Service may include messaging and automation features (e.g., SMS/email reminders and notifications), technician location/GPS capabilities, payment processing integrations (e.g., Stripe and ACH), and other third‑party services. We do not store raw payment card data; payments are tokenized and processed by our payments partners. You are responsible for your use of communication features, including obtaining all required consents and complying with applicable laws (e.g., anti‑spam and telemarketing laws such as TCPA/CASL). You are responsible for informing and obtaining consent from your personnel for any location tracking features, and for using such features lawfully.
The Service is not designed for emergency services or life‑critical use. Third‑party fees (e.g., carrier messaging/data charges, payment processing fees) are your responsibility.
You retain all rights to data you submit to the Service (“Customer Data”). You grant FieldSynX a non‑exclusive license to host, process, transmit, and display Customer Data as necessary to provide and support the Service. We may use de‑identified and aggregated data to operate, improve, and analyze the Service. We engage subprocessors (e.g., cloud hosting, email/SMS providers) subject to appropriate safeguards. Our collection and use of personal information is described in our Privacy Policy.
During your subscription, you may request a data export. Upon termination, at your written request, we will delete or return Customer Data within 30 days, except where retention is required by law or resides in standard backups that will be purged on their normal cycle.
We implement commercially reasonable technical and organizational measures to protect the Service. The Service is provided without a formal uptime SLA unless otherwise agreed in a separate written order. We may suspend or limit access for security reasons, non‑payment, or violations of these Terms. Standard support is provided via email during posted business hours; enterprise arrangements may include extended support hours.
FieldSynX and its licensors own all right, title, and interest in and to the Service, including software, UI/UX, documentation, templates, and content, except for Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non‑exclusive, non‑transferable license to use the Service for your internal business purposes.
If you provide feedback or suggestions, we may use them without restriction or obligation.
“Confidential Information” means non‑public information disclosed by one party to the other that is designated as confidential or should reasonably be understood as confidential. The receiving party will use the same degree of care it uses to protect its own similar information (and no less than reasonable care) to protect the disclosing party’s Confidential Information, and will use it only as needed to perform under these Terms. Exclusions apply for information that is public, independently developed, or rightfully obtained without restriction.
We may offer optional beta or experimental features—including AI‑assisted functionality such as content generation or transcription—without guarantees, and they may be modified or discontinued at any time. You are responsible for reviewing outputs before relying on them.
These Terms remain in effect while you access the Service. You may cancel renewal at any time; your subscription continues until the end of the current billing period. We may terminate or suspend access for material breach (including failure to pay) after notice and a reasonable cure period, or immediately where required by law or to protect the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND INDEMNITY, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE FEES PAID OR PAYABLE BY YOU TO FIELDSYNX FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
You will defend and indemnify FieldSynX and its affiliates from and against claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your Customer Data; (b) your use of the Service in violation of these Terms or law; or (c) your communications sent through the Service (including SMS/email) without required consents.
We may modify the Service or these Terms from time to time. If we make material changes, we will provide at least 30 days’ advance notice via email or in‑app notice before they take effect. Your continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of Alberta, Canada, without regard to conflict of laws rules. Except for claims that may be brought in small claims court or for injunctive relief for IP misuse, any dispute will be resolved by binding arbitration on an individual basis. The place of arbitration is Edmonton, Alberta. Class actions and class‑wide arbitrations are not permitted. Each party waives any right to a jury trial to the extent permitted by law.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Notices to FieldSynX must be sent to [email protected]. We may provide notices to you via email to the address associated with your account or via in‑app notifications.
These Terms constitute the entire agreement between you and FieldSynX regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force. Neither party is liable for delays or failures caused by events beyond reasonable control (force majeure). No waiver of any term will be deemed a further or continuing waiver of such term or any other term.