Terms of Service

1. Accounts and eligibility

• You must be at least 18 and using Fieldplate for a business.
• Give us accurate information when you sign up and keep it current.
• Keep passwords private. Each login is for one person; do not share them.
• You are responsible for everything done under your account, including by the users you invite, and for giving each user only the access they need.
• Tell us right away at support@fieldplate.org if you think someone has used your account without permission.

2. Fees

Fieldplate is currently free. The app may show limits, such as the number of users on an account.

We may introduce paid plans. If we do, we will email the account owner at least 30 days before any change that affects what you pay. Nothing will be charged unless you choose a paid plan, and you may instead export your data and close your account.

3. Your data

“Customer Data” means the information you and your users put into the Service, including information about your customers and homeowners, photos, documents, and data you import. You own your Customer Data.

You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and as you direct — for example, sending an estimate to a homeowner or syncing an invoice to an accounting service you connect. We do not sell Customer Data. We may use aggregated statistics that do not identify you or any person (such as the total number of jobs created) to run and improve the Service.

You are responsible for your Customer Data: that it is accurate, that you have the right to collect and use it, and that you give homeowners and others any notice and get any consent the law requires. We process personal information in Customer Data on your behalf and under your instructions, as described in our Privacy Policy.

Do not put information into the Service that it is not designed to hold, such as Social Security numbers, full card or bank account numbers outside the payment form, or health records.

4. Texts and emails to your customers

When you send an email or text message through Fieldplate, you are the sender. You agree to:

• Send messages only to people who have agreed to receive them from you, and get any consent required by law, including the Telephone Consumer Protection Act, the CAN-SPAM Act and wireless carrier rules.
• Not send marketing texts without the recipient’s prior express written consent.
• Honor opt-outs. Fieldplate stops texting a number that replies STOP; you must not work around that or re-add a number without new consent.
• Not use the Service for bulk, unsolicited or deceptive messages.

5. Acceptable use

You agree not to:

• break any law, or use the Service to harass, defraud or deceive anyone;
• upload anything you do not have the right to share, or anything containing malware;
• try to get into another organization’s data, another user’s account, or parts of the Service you are not allowed to use;
• probe, scan or test the Service for vulnerabilities without our written permission (if you find a security problem, please tell us at support@fieldplate.org);
• overload or interfere with the Service, or scrape it with automated tools;
• copy, resell or rebrand the Service, or use it to build a competing product; or
• reverse engineer the Service, except where the law allows it despite this term.

We may remove content or suspend access that violates these Terms. Where practical, we will tell you first and give you a chance to fix the problem.

6. Services you connect

Fieldplate works with other services you may choose to connect, such as a payment processor, QuickBooks Online, CompanyCam, a text-message provider or a mapping provider. Those services are provided by other companies under their own terms. When you connect one, you authorize us to exchange data with it on your behalf. We are not responsible for how those services work or for their handling of your data.

7. Our property and your feedback

We own the Service, its software and design, and the Fieldplate name and logo. While these Terms are in effect, we give you a limited, non-exclusive, non-transferable right to use the Service for your business. If you send us ideas or suggestions, we may use them without any obligation to you.

8. Availability, support and changes

We work to keep Fieldplate available and your data safe, but we do not promise any particular uptime. The Service may be unavailable during maintenance or for reasons outside our control. Support is by email at support@fieldplate.org.

We may change the Service. If we remove a major feature you depend on, we will try to tell you in advance and to give you a way to export related data.

9. Ending your account

You may stop using Fieldplate and ask us to close your account at any time by emailing support@fieldplate.org. We may suspend or end your access if you seriously or repeatedly breach these Terms, if we are required to by law, or if your use puts the Service or other customers at risk. If we decide to stop offering the Service altogether, we will give you at least 30 days’ notice.

After an account is closed for any reason, you have 30 days to export your Customer Data (unless the law prevents it). After that we delete it as described in our Privacy Policy. Sections 3, 7 and 10 through 15 continue to apply after your account ends.

10. No warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Fieldplate is a tool, not professional advice. You are responsible for checking the figures you rely on — including measurements, material quantities, estimates, taxes, hours, overtime and payroll — before you use them with a customer, a crew or a tax authority.

11. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US $100.

These limits do not apply to your obligations under section 12, or where the law does not allow them.

12. Indemnity

You will defend and hold us harmless from claims, losses and costs (including reasonable attorneys’ fees) brought by third parties that arise from your Customer Data, the messages you send through the Service, or your breach of these Terms or the law.

13. Governing law and disputes

These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and allowing 30 days to work it out. Any lawsuit must be brought in the state or federal courts located in Missouri, and both parties consent to those courts’ jurisdiction.

14. Changes to these Terms

We may update these Terms. We will post the new version here with a new “Last updated” date. If a change is material, we will tell the account owner by email or in the app at least 15 days before it takes effect, unless the change is required by law. The app records which version your organization accepted and may ask you to accept a new one. If you do not agree to a change, you may close your account and export your data before it takes effect.

15. General

• These Terms and the Privacy Policy are the whole agreement between us about the Service.
• You may not transfer these Terms without our written consent. We may transfer them to a company that acquires the Service, which must honor them.
• If part of these Terms cannot be enforced, the rest still applies. Not enforcing a term is not a waiver of it.
• Neither party is responsible for delays caused by events outside its reasonable control.
• We will send notices to the account owner’s email address. You can send notices to us at support@fieldplate.org.

16. Contact

Questions about these Terms: support@fieldplate.org. Austin Beck Technologies, Missouri, United States.