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Terms of Service

Last Updated: April 24, 2025

Table of Contents

  1. 1. Agreement to Our Legal Terms
  2. 2. Changes to These Terms
  3. 3. Summary of the Terms of Service
  4. 4. Our Services and Customer Acknowledgements and Obligations
  5. 5. Fees and Charges
  6. 6. Ownership, Privacy, and Proprietary Rights
  7. 7. Representations and Warranties
  8. 8. Subscription Renewals
  9. 9. Software
  10. 10. Mobile Application License
  11. 11. Services Management and Privacy
  12. 12. Limitation of Liability; Disclaimers; Indemnity
  13. 13. Term and Termination
  14. 14. Contact Us

These Terms of Service (“Terms”) govern your access to and use of our services, including our website http://console.field-io.com (the “Site”), the mobile application field.io (the “App”), and any related websites, services, products, software platforms (“platform”), or content that refer or link to these Terms (collectively, the “Services or Services”). By using or accessing any of our Services, you (“Customer”, “you”, “your”) agree to comply with and be bound by these Terms.

TLA Investments LLC (DBA as fieldio, field-io, field/io), (herein “Company,” “we,” “us,” or “our”), is a company registered in Arizona, United States.

By using the Services, you confirm that:

  • You have read and understood these Terms.
  • If you are accessing the Services on behalf of a business or legal entity, you have the authority to bind that entity to these Terms.
  • You agree to comply with and be bound by all the terms and conditions outlined in this agreement.

If you do not agree to all of these terms, you are not authorized to use the services and must discontinue use immediately.

2. Changes to These Terms

We may update these Terms at any time for legal, operational, or regulatory reasons or to reflect changes in the Services. When we do, we will revise the “Last Updated” date at the top of this page. We will keep you informed of any changes to the terms and conditions and privacy policy via the email address you have provided.

Changes will be effective immediately upon posting on the Site or App. Your continued use of the Services after such changes are posted will be considered your acceptance of the revised Terms.

We recommend that you download or print a copy of these Terms for your records.

3. Summary of the Terms of Service

You are responsible for keeping your account credentials secure and for all activities that occur under your account. You must ensure your use of the platform complies with applicable laws and these terms.

You are granted a non-exclusive, limited license to use the platform for your internal business needs. You must not misuse the Services, attempt to access or alter the system’s code, or use the platform in a way that disrupts others.

The platform is provided on a subscription basis. Fees must be paid according to your selected plan. If you fail to pay, your access to the Services may be suspended or terminated. We reserve the right to adjust pricing and will notify you in advance.

You retain ownership of any data you upload to the platform, and we act as a processor of that data. We protect your data according to our Privacy Policy, but you are responsible for ensuring that you have all necessary rights to use and share the data on the platform and comply with data protection regulations.

We retain all intellectual property rights to the platform, including its software, design, and content. You agree not to copy, distribute, or create derivative works based on the platform without our permission.

You or we may terminate this agreement at any time. Upon termination, your access to the platform will be revoked. We will delete or return your data upon request, except where retention is legally required. Subscription fees are generally non-refundable unless stated otherwise.

We are not responsible for any indirect, incidental, or consequential damages, including loss of data, profits, or business opportunities arising from your use of the platform. Our maximum liability is limited to the amount you have paid for the Services over the past six months.

These terms are governed by the laws of Arizona. Any disputes will be resolved through binding arbitration, not in court, except for claims involving injunctive relief.

The following additional terms and conditions provide the detailed provisions to which you are agreeing.

4. Our Services and Customer Acknowledgements and Obligations

Geographic Restrictions

The Services are not intended for use or distribution in any jurisdiction or country where such distribution or use would violate local laws or regulations, or where it would require us to register in that jurisdiction. If you access the Services from outside the United States, you do so at your own initiative and are solely responsible for compliance with applicable local laws.

Industry-Specific Compliance

Our Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or other similar regulatory frameworks. If your activities are subject to such laws, you may not use the Services. Additionally, you are prohibited from using the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

Provision of Services

Subject to your compliance with the terms of this Agreement, we will provide the Services to you and your Authorized Users during the term of this Agreement. The Services are provided on a software-as-a-service (SaaS) basis, meaning they are hosted and maintained by us for your use, subject to the conditions outlined in this Agreement. We cannot guarantee the Services will be available at all times and you may experience interruptions or delays. We are not liable for any loss or inconvenience caused by any Service downtime or discontinuance.

Subscription for Service

By subscribing to the Service, you agree to the following:

  • Account Creation: You must register to use the Services. Upon registration and compliance with the terms herein, we grant you a non-transferable, non-exclusive right to access and use the Service for your internal business purposes, limited to the subscription package you have chosen.
  • Website Access: You may access the Services via our website.
  • App Installation: You may install and use the software applications on handheld devices for business purposes. This license is non-exclusive and will terminate upon the termination of this Agreement.

Authorized Users

“Authorized Users” include your employees, contractors, consultants, or any third-party service providers whom you allow to access the Services. You are responsible for creating and managing Authorized User accounts and for the actions and compliance of all Authorized Users. This includes managing access credentials, monitoring the use of the Services, and ensuring that all Authorized Users adhere to this Agreement. You must immediately notify us of any unauthorized use of the Services and indemnify us against any claims resulting from misuse.

Subscription Package

To activate the Service, you must select a Subscription Package and complete the registration process. The subscription grants you and your Authorized Users the right to access the Service based on the selected package and number of licenses.

Billing

Your account will be billed monthly for the number of Authorized Users under your selected Subscription Package.

Customer Data

You are solely responsible for the accuracy, completeness, integrity, management, and compliance of all data entered, transmitted, or uploaded to the Services by you or any Authorized Users (“Customer Data”). This includes, but is not limited to, reports, images, videos, text, and any other form of content, in addition to overseeing all data-related activities, including but not limited to:

  • Data Exports: Extracting or downloading data from the Services.
  • File Transfers: Managing the transmission of files between your systems.
  • Data Imports: Uploading or transferring data into the Services.

Customer Equipment

You agree to procure, configure, and maintain all hardware, software, internet connectivity, and telecommunications services required to access and use the Services. This includes, but is not limited to, desktop computers, mobile devices, and any other systems or infrastructure necessary for the proper operation of the Services.

It is your responsibility to ensure that all systems meet the minimum technical requirements specified by us to use the Service, including keeping all hardware and software up to date and adequately maintained.

We shall bear no responsibility for any issues, disruptions, or damages arising from the use of outdated, unsupported, or improperly managed systems, including those related to software or hardware failures, insufficient bandwidth, or connectivity issues.

Modifications to the Services

We reserve the right to update, enhance, or modify the Services in our sole discretion, provided that such modifications do not materially reduce the core functionality of the Services. You agree to accept all patches, bug fixes, and updates provided by us or our authorized partners as part of the ongoing maintenance and improvement of the Services. These updates may be automatically applied, and continued use of the Services after such updates constitutes your acceptance.

Suspension of Services

We may suspend access to the Services or the Services may be unavailable to you or your Authorized Users, in whole or in part, at any time, with or without prior notice, under the following circumstances:

  • Scheduled Maintenance: During planned maintenance or updates, for which reasonable efforts will be made to provide advance notice.
  • Violation of Agreement: If the Customer or any Authorized User is found to be in violation of any terms of this Agreement.
  • Emergency Security Concerns: To address urgent security vulnerabilities or threats that could compromise the integrity or safety of the Services or related data.
  • Equipment Failure: equipment malfunctions, or other causes beyond the Company’s control.

We will not be held liable to you or any third party for exercising our right to suspend the Services or if the Services become unavailable in accordance with this section.

Restrictions on Use of Services

You agree not to, and will not permit any third parties to:

  • Commercial Exploitation: Sublicense, sell, rent, lease, lend, distribute, or otherwise make the Services or associated intellectual property available to third parties, except as expressly permitted by this Agreement.
  • Service Bureau Use: Use the Services for timesharing, in a service bureau, or for any other commercial exploitation, unless specifically authorized in writing by the Company.
  • Violation of Laws: Access or use the Services in a manner that violates any applicable law, regulation, or infringes on the intellectual property or other rights of third parties.
  • Compromising Security: Use the Services in any manner that could compromise the security, performance, or functionality of the Services.
  • Unacceptable Use: Use the Service in any way that is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language, infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party, or contains unauthorized or unsolicited advertising.

Restrictions on Customer Data

You agree not to, and will not permit any third parties to use the Services to create, collect, transmit, store, use, or process any Customer Data that:

  • Malicious Content: Contains viruses, worms, malicious code, or software designed to harm, interfere with, or disrupt systems, data, or operations.
  • Unauthorized Use: You do not have the legal right to create, collect, transmit, store, use, or process.
  • Regulated Data: Is subject to laws or regulations that impose strict requirements on data handling or that could impose significant risk to the Company, its third-party providers, or others if improperly accessed or disclosed.
  • Legal Violations: Violates applicable laws or infringes upon the intellectual property, privacy, moral, publicity, or other rights of any third party.

General Restrictions

You agree not to, and will not allow any third parties to:

  • Modifications: Modify, alter, or otherwise make any changes to the Services without the express permission of the Company.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services, except where such activity is expressly permitted by law and with prior written notice to the Company.
  • Proprietary Notices: Remove, alter, or obscure any copyright, trademark, patent, or other proprietary notices or labels on the Services or App, unless explicitly authorized by the Company.
  • Competing Products: Use the Services to develop, create, or otherwise support a competing product or service.
  • Penetration Testing: Conduct vulnerability or penetration testing on the Services without obtaining prior written authorization from the Company.
  • Unauthorized Use: Use the Services in any manner that is not explicitly authorized by this Agreement.

You acknowledge that these restrictions are essential to maintaining the integrity, security, and functionality of the Service. Any violation may result in the suspension or termination of access to the Service.

Non-Transferability of Account

Your subscription and account are strictly non-transferable. This includes any access to the Services or associated licenses.

Data Retention and Disaster Recovery

We will retain Customer Data for a period of three (3) years from the date of upload, subject to the storage capacity limitations outlined herein. To support disaster recovery, we perform daily encrypted backups, securely stored in off-site, geographically diverse facilities. These backups are retained for four weeks before permanent deletion.

Due to the 24-hour interval between backups, a disaster recovery event may result in the loss of up to 24 hours of Customer Data, which may not be recoverable. You agree to hold us harmless for any such data loss occurring during disaster recovery events.

While we implement reasonable safeguards to protect your data, you further acknowledge that certain unforeseen events, including but not limited to force majeure or system failures beyond our control, may result in permanent data loss. We disclaim all liability for any data loss except where such loss is caused by our gross negligence or willful misconduct.

Customer Data Storage

We provide the following data storage capacity per active user under your account:

  • Incident Report and Daily Activity Report Storage: Each active user is allocated 25MB of daily storage for these reports, retained for up to three years.
  • Video Storage:
    • Each user is allocated storage for 30 seconds of video per day, approximately 50MB.
    • Videos are stored in Google Cloud Standard Storage for up to 60 days from the upload date. After 60 days, videos are moved to Google Cloud Coldline Storage.
    • If you access videos from Coldline Storage, there will be a retrieval fee of $0.30 per GB of data accessed.
  • Exceeding Storage Limits:
    • Capacity Overage: If your data exceeds the allocated storage capacity, we will notify you of the overage and present options to increase storage capacity, which may involve additional fees.
    • Customer Data Backup: In the event your data exceeds the allocated storage capacity, we encourage you to download your data.
    • Data Deletion: If you choose not to increase your storage capacity, we reserve the right to delete or restrict access to excess data after providing you with 30 days’ notice. We are not liable for any data loss due to such actions.
    • Responsibility for Data: You are responsible for managing your data within the allocated storage limits. We recommend regularly reviewing and managing your data to avoid exceeding storage capacity.
    • Changes to Storage Limits: We reserve the right to modify storage limits. Any changes affecting your existing storage capacity will be communicated to you in advance, and the changes will take effect as specified in the notification.
  • Downloading and Accessing Data: If, in our sole discretion, we determine that your data downloads or access volumes to your Customer Data are excessive on a daily or monthly basis, we reserve the right to charge additional fees for increased usage.

Account Security

You are solely responsible for safeguarding access to your account, including the creation, management, and security of passwords. It is your responsibility to monitor and control the use of your login credentials. Any charges, whether incurred by authorized or unauthorized access using your account credentials, will be your full responsibility. We recommend adopting strong passwords and multi-factor authentication where available.

5. Fees and Charges

Monthly Fees

You agree to pay the monthly subscription fee in advance on the billing date specified when establishing the Service. The fee will be automatically charged to your designated debit card, credit card, or ACH account. If the payment method on file becomes invalid or is declined, you are responsible for updating the payment information to avoid service disruption.

Taxes and Additional Fees

You are responsible for any applicable taxes, duties, or additional fees related to the purchase of the Services, excluding our income taxes. These may include, but are not limited to, sales tax, value-added tax (VAT), goods and services tax (GST), or foreign exchange fees. You are responsible for complying with local tax regulations and ensuring that all taxes are paid in accordance with applicable law.

Pre-Authorization for Card Billing

By subscribing to the Services, you authorize us to charge the designated payment method you establish with us for all due amounts, including fees, taxes, and applicable late or reactivation charges. You agree that if a payment is interrupted, declined, or dishonored, additional fees may apply. All payments will be processed on the billing date specified in the subscription agreement, unless otherwise agreed in writing.

Fee Adjustments

The monthly subscription fee will remain unchanged for the first year from the date you subscribe to the Services. After this period, we reserve the right to adjust the subscription fees by providing at least fifteen (15) days’ prior notice. Any changes or upgrades to the Subscription Package made by you will be subject to the then-current rates, and the fee guarantee applies only to the original package selected.

Late Payments

If the monthly fee is not paid within five (5) days of the due date, we may, at our discretion, take the following actions:

  • Impose a late charge of 18% of the unpaid balance or $125, whichever is greater.
  • Charge interest on the overdue amount at a rate of 1.5% per month, calculated retroactively from the original billing date, or the maximum rate permitted by law.

These fees represent a reasonable estimate of the costs incurred by us due to delayed payment and are intended as liquidated damages, not a penalty.

Additional Users and Fees

If you exceed the number of Authorized Users allowed under the selected Subscription Package or incur additional fees based on the usage of the Services, you will be billed for excess usage in the subsequent billing cycle. You agree to pay all additional fees at the prevailing rates outlined in the Subscription Package pricing.

Suspension of Services for Non-Payment

If you fail to make payment by the due date, we reserve the right to suspend your access to the Services. Upon non-payment, we will issue a notice allowing you ten (10) days to resolve the outstanding balance. Failure to make payment within this grace period may result in the suspension of Services without further notice. We will not be liable for any damages or losses resulting from the suspension of Services due to non-payment.

6. Ownership, Privacy, and Proprietary Rights

Ownership of the Service and Intellectual Property

The Services, including all software, data, content, and materials (excluding your data), are the sole and exclusive property of the Company and our affiliates. This encompasses all elements of the Services, associated technology, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as trademarks, service marks, and logos (collectively, the “Marks”). All intellectual property rights, including copyrights, patents, trade secrets, and other rights, are held exclusively by us and our affiliates.

Access to the Service is granted under a license and does not constitute a sale. The Services are provided as an online, hosted solution, and no rights are implied beyond those explicitly granted under this Agreement. You do not have the right to access the underlying source code or to use the Service in any manner not explicitly authorized by this Agreement.

Customer Data and Branding

You retain full ownership of all your data and any branding elements (such as logos) used within the Services. By using the Services, you grant us a non-exclusive, worldwide, royalty-free license to use your name and logo for marketing and promotional purposes. Additionally, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and transmit your data and branding elements as necessary to deliver the Services. We may also collect and utilize Metadata (such as performance data) and create anonymized, aggregated versions of your data (“Unidentifiable Data”) to enhance the Services and for other legitimate business purposes.

Feedback

Any suggestions or ideas provided by you to improve the Services or operations (“Feedback”) will be the sole property of the Company. You irrevocably assign all rights to such Feedback to us, including any associated moral rights, and agree to assist us in securing these rights at our expense. You will not receive compensation for providing Feedback.

7. Representations and Warranties

You represent, warrant, and covenant to us as follows, effective as of the Subscription Date and throughout the term of this Agreement:

  • Your use of the Service, including by Authorized Users, will comply with all applicable laws, regulations, and governmental requirements at all times;
  • You have the full legal power and authority to enter into this Agreement.
  • You have ensured that the use of the Services, including geolocation and GPS-tracking features, complies with all applicable laws and regulations;
  • For Personal Information included in your data, you have provided all required notices and disclosures, obtained necessary third-party consents and permissions, and have the authority to allow us to collect, store, access, use, disclose, and transmit such Personal Information in compliance with this Agreement.
  • You are authorized to provide us with credit card, debit card, ACH, or other payment methods approved by us for the payment of fees and any other amounts due under this Agreement. You agree to maintain accurate and complete payment information throughout the duration of this Agreement.
  • If any information you provide is found to be untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your access to the Services.

8. Subscription Renewals

Automatic Renewal

Your subscription package will automatically renew unless canceled. You consent to us charging the payment method(s) provided by you on a recurring monthly basis, without requiring prior approval for each charge, until you cancel the subscription.

Free Trial

If we offer a 30-day free trial, you will be billed according to the chosen subscription package at the end of the trial period, unless you cancel the free trial prior to the end of the trial period.

Cancellation

All purchases are non-refundable. You may cancel your subscription at any time by logging into your account. Cancellations will take effect at the end of the current billing cycle. For any questions or issues with our Services, please contact us at support@field-io.com.

9. Software

All Services and related documentation provided under this Agreement are offered “AS IS,” without any warranty, express or implied. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You agree to accept all risks associated with the use of the Services. No oral or written information provided by us shall create a warranty.

10. Mobile Application License

Use License

In addition to the terms and condition in the Agreement, if you access the Services using the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You agrees that access and use of the App on such devices will be in accordance with the terms and conditions of the mobile application license contained in these Legal Terms. You may not: (a) decompile, reverse engineer, disassemble, or decrypt the App, except as allowed by law; (b) modify, adapt, or create derivative works based on the App; (c) use the App in violation of any applicable laws or regulations; (d) remove or alter any proprietary notices on the App; (d) use the App for commercial purposes or revenue generation; (e) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (f) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (g) use the App to send automated queries or unsolicited commercial emails; - use our intellectual property to develop competing applications or accessories.

Apple and Android Devices

The following terms apply when you use the App from the Apple Store or Google Play (each an “App Distributor”): (a) the license is non-transferable and limited to devices running iOS or Android, per the App Distributor’s terms; (b) we provide maintenance and support for the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (d) You confirm you are not in an embargoed or restricted country and are not listed on any prohibited party lists; (e) You must comply with third-party agreements related to the App; (f) the App Distributors are third-party beneficiaries and can enforce these terms against you.

11. Services Management and Privacy

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Privacy Policy

We are committed to protecting your Customer Data privacy and security. By using the Services, you agree to our Privacy Policy, which is integrated into these Legal Terms. The Services are hosted in the United States. If you accesses the Services from regions with data privacy laws that differ from those in the United States, the continued use of the Services constitutes consent to transfer and process data in the United States.

You agree to our access, use, collection, storage, and disclosure of Personal Information for the purposes outlined in the Agreement. You acknowledge that all Personal Information, including that of Authorized Users, will be managed in accordance with the Our Privacy Policy.

Limitations on Privacy

We will take commercially reasonable steps to protect the confidentiality of Customer Data and to prevent its disclosure to third parties. We will not modify or disclose any Customer Data without your prior consent, except when we have a good faith belief that such action is necessary to:

  • comply with legal processes or governmental requirements;
  • protect and defend the rights, property, or safety of the Company;
  • enforce this Agreement;
  • protect the interests or safety of users of the Service other than the Customer; or
  • maintain, repair, or operate the Company’s services or equipment.

Your continued use of the Services signifies your acceptance of these terms and the policies referenced.

Collection and Use of Tracking Information

We reserve the right to record and log each visit to the Services. This information is utilized to enhance the functionality of the Services and to gather statistical insights regarding usage. While technical details related to Site or App visits may be logged, we do not seek to identify individual visitors or link these details to any specific person. It is important to note that these technical details, which cannot be associated with any identifiable individual, are not considered “personal data” under the Data Protection Acts, 1988 & 2003.

The types of technical details that may be logged include, but are not limited to, the date and time of each visit to a specific page, the pages visited during the session, the visitor’s IP/network address, the type of web browser used, and the device utilized by the visitor.

12. Limitation of Liability; Disclaimers; Indemnity

Disclaimer of Warranties

THE COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE ABSENCE OF INTERRUPTIONS, SECURITY, OR ERROR-FREE OPERATION. WE DO NOT GUARANTEE THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES, INCLUDING ANY PRODUCTS, SOFTWARE, EQUIPMENT, MATERIALS, DATA, AND THIRD-PARTY CONTENT, ARE PROVIDED WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICES IS AT THEIR OWN RISK. WE DO NOT GUARANTEE COMPATIBILITY WITH THE CUSTOMER’S EQUIPMENT OR THAT THE SERVICES ARE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WHILE WE WILL TAKE COMMERCIALLY REASONABLE MEASURES TO PROTECT THE SERVICES FROM SUCH HARMFUL ELEMENTS, WE WILL NOT BE LIABLE FOR ANY DAMAGE, INCLUDING THE LOSS OF CUSTOMER DATA, ARISING FROM THESE ISSUES.

WHILE THE COMPANY WILL TAKE COMMERCIALLY REASONABLE MEASURES TO PROTECT THE SERVICES FROM SUCH HARMFUL ELEMENTS, IT WILL NOT BE LIABLE FOR ANY DAMAGE, INCLUDING THE LOSS OF CUSTOMER DATA, ARISING FROM THESE ISSUES.

Disclaimer of Third-Party Actions

The Company does not control and cannot guarantee the flow of data to or from the Service or other parts of the Internet. Data transmission depends on the performance of Internet services managed by third parties. Actions or omissions by these third parties may affect or disrupt the Customer’s Internet connection or access to certain services. As such, the Company cannot ensure that such disruptions will not occur. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY ISSUES ARISING FROM OR RELATED TO THE PERFORMANCE OR FAILURE OF INTERNET SERVICES, SOFTWARE, SYSTEMS, OR TECHNOLOGIES PROVIDED OR CONTROLLED BY THIRD PARTIES, INCLUDING THOSE NOT AFFILIATED WITH THE COMPANY. THIS INCLUDES ANY SOFTWARE OR SYSTEMS USED BY THE CUSTOMER TO ACCESS OR USE THE SERVICE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DISRUPTIONS OR ISSUES CAUSED BY SUCH THIRD-PARTY TECHNOLOGIES, SERVICES, OR CUSTOMERS SOFTWARE OF SYSTEMS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, OR THIRD-PARTY AGENTS BE LIABLE TO THE CUSTOMER OR ITS AUTHORIZED USERS, OR ANY OTHER PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO; (B) LOSS OF REVENUE, PROFITS, SAVINGS, BUSINESS, DATA, USE, GOODWIL; - BUSINESS INTERRUPTION; (D) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (E) PERSONAL INJURY OR DEATH, OR PERSONAL; OR (F) PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THE SEERVICE AND THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY, IF ANY, TO THE CUSTOMER, INCLUDING LIABILITY ARISING OUT OF OR IN CONNECTION WITH CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF THE FEES PAID TO THE COMPANY BY THE CUSTOMER FOR THE SIX (6) MONTH PERIOD LEADING UP TO THE DATE ANY SUCH LIABILITY ARISES.

THE PARTIES ACKNOWLEDGE THAT THE PROVISIONS OF THIS HAVE BEEN NEGOTIATED BY THEM AND REFLECT A FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN.

Customer Indemnification

You agree to indemnify, defend, and hold harmless the Company, its employees, representatives, suppliers, and agents from any claims, suits, actions, or proceedings (including costs and attorneys’ fees) brought by third parties arising from: (a) your use of the Service; (b) use of the Service by anyone accessing it through your account; (c) your data; or (d) a breach of this Agreement by you or anyone using your account.

Company Indemnification

We agree to indemnify, defend, and hold harmless you, your employees, officers, directors, and agents from any claims, suits, actions, or proceedings (including costs and attorneys’ fees) brought by third parties arising from the infringement of U.S. intellectual property rights due to your authorized use of the Website or Service.

13. Term and Termination

Customer Termination

You may terminate this Agreement by providing at least thirty (30) days’ written notice before your renewal date, sent to support@field-io.com. Termination will take effect at the next renewal cycle if we receive the notice at least thirty (30) days before the renewal date. All payments due before termination must be paid.

Company Termination

We may terminate this Agreement with thirty (30) days’ written notice. We may also terminate immediately if you fail to make timely payments or fail to comply with any material term of this Agreement. If we terminate without cause, you will be refunded for any fees related to services rendered after the termination date.

Effect of Termination

Upon termination, your access to and use of the Service will be discontinued immediately. All licenses and rights granted under this Agreement will expire, and you will no longer have access to the Service. Termination does not relieve you of the obligation to pay amounts owed before termination. No refunds will be issued for amounts already paid. Termination does not limit our right to pursue other legal or equitable remedies. Sections 8, 9, 10, and 11 will survive termination.

Access to Customer Data Post-Termination

You will not have access to your data after termination or four (4) years from upload, whichever comes first.

Governing Law

These Legal Terms and your use of the Services are governed by the laws of the State of Arizona, without regard to conflict of law principles.

Dispute Resolution

Any dispute arising out of or relating to this Agreement, including its breach or validity, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its rules. The arbitration shall take place in Phoenix, Arizona, unless the parties agree to a remote format. Arizona state law shall govern the dispute, with the Federal Arbitration Act applying to this clause. A single arbitrator with relevant experience shall be selected by agreement or by the AAA if no agreement is reached. The arbitration and any related information shall remain confidential, except as required by law. Each party shall bear its own costs, with arbitration fees shared equally unless otherwise determined by the arbitrator. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. Either party may seek injunctive relief in Phoenix courts without first engaging in arbitration, if necessary to prevent irreparable harm. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Corrections

We may correct errors or update information on the Services at any time without prior notice.

Electronic Communications, Transactions, and Signatures

By using the Services, you consent to electronic communications and signatures. All agreements and notices provided electronically meet legal requirements. You waive any rights or requirements under statutes, regulations, or laws that require an original signature or non-electronic records.

California Users and Residents

For unresolved complaints, contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

Miscellaneous

These Legal Terms and any posted policies constitute the entire agreement between you and us. Failure to enforce any right does not constitute a waiver. We may assign our rights and obligations, and any invalid provision will not affect the remaining terms. These Legal Terms do not create a joint venture, partnership, or agency relationship. You waive any defenses based on the electronic form of these Legal Terms and lack of signatures.

14. Contact Us

For complaints or information about the Services, contact us at: support@field-io.com.