1. Acceptance of these terms
These Terms & Conditions (the “Terms”) form a binding agreement between you and, where applicable, the organisation you represent (“you”, “Customer”) and FieldMand (“FieldMand”, “we”, “us”) governing your access to and use of the FieldMand website, application and related services (the “Services”). By accessing or using the Services, registering for an account, or clicking to accept, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.
2. Definitions
- “Account” means the account created for a Customer and its Users to access the Services.
- “Customer Data” means all data, content, files and information that you or your Users submit to or generate within the Services.
- “User” means an individual authorised to use the Services under your Account, including administrators, employees and contractors.
- “Workspace” means the organisation environment within the Services in which your projects and Customer Data are stored.
3. Eligibility and your account
You must be at least 18 years old and able to form a binding contract to use the Services. When you create an Account you agree to provide accurate information and to keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us promptly at hello@fieldmand.com if you suspect any unauthorised use. Account administrators are responsible for managing their Users and the roles and permissions granted to them.
4. Early access and beta features
The Services, or parts of them, may be offered as an early-access, preview or beta release. Early-access features are provided to help us test and improve the product and may be incomplete, may change or be withdrawn, and may contain errors. They are provided “as is” and without the warranties or service commitments that may apply to generally available features. You should not rely on early-access features for business-critical or safety-critical purposes, and you should keep independent copies of important records.
5. Your licence to use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes during the term of your access. We reserve all rights not expressly granted. You may not resell, rent or provide the Services to third parties except as expressly permitted.
6. Acceptable use
You agree not to, and not to permit any User or third party to:
- use the Services in breach of any law, regulation or third-party right;
- upload or transmit malicious code, or interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorised access to the Services or related systems or data;
- reverse engineer, decompile or copy the Services, except to the extent permitted by law;
- use the Services to store or transmit content that is unlawful, infringing, defamatory, or that you do not have the right to use;
- probe, scan or test the vulnerability of the Services without our written permission; or
- use the Services to build a competing product or to benchmark without our consent.
We may investigate suspected breaches and take appropriate action, including suspending or terminating access.
7. Your data and content
As between you and us, you own all Customer Data and retain all rights in it. You grant us a worldwide, non-exclusive licence to host, store, process, transmit, display and otherwise use Customer Data solely to provide, secure, maintain and improve the Services, to provide support, and as otherwise instructed by you or permitted by these Terms and our Privacy Policy.
You are responsible for the Customer Data you submit, for having the necessary rights and consents to submit it, and for its accuracy and legality. You are responsible for maintaining your own backups of important Customer Data. We will handle personal information within Customer Data in accordance with our Privacy Policy.
8. AI features and outputs
The Services include features that use artificial intelligence to generate drafts, summaries, suggestions and other outputs. AI outputs are generated automatically, may be inaccurate, incomplete or unsuitable for your circumstances, and do not constitute professional, engineering, legal, financial or safety advice. You are solely responsible for reviewing, verifying and deciding whether to rely on any output, and for ensuring that your use of the Services complies with applicable codes, standards and laws. You must not use AI outputs as a substitute for the judgement of a suitably qualified person, particularly for matters affecting health, safety or structural integrity.
9. Fees, plans and billing
Some plans are offered free of charge during early access. Where the Services or any features are offered on a paid basis, the applicable fees, billing cycle and payment terms will be presented to you before you subscribe. Unless stated otherwise, fees are exclusive of taxes, are payable in advance, and are non-refundable except as required by law. We may change our fees on reasonable notice, with changes taking effect at the start of your next billing period. If you do not pay amounts when due, we may suspend or terminate paid features.
10. Intellectual property
The Services, including all software, designs, text, graphics, logos, and the FieldMand name and brand, are owned by FieldMand or its licensors and are protected by intellectual-property laws. Except for the limited licence in section 5, nothing in these Terms transfers any intellectual-property rights to you. If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Services, without obligation to you.
11. Third-party services and integrations
The Services may interoperate with or link to third-party products, services or websites that we do not control. Your use of those third-party offerings is governed by their own terms and privacy policies. We are not responsible for third-party offerings, and making them available does not imply endorsement.
12. Availability, maintenance and support
We aim to keep the Services available and reliable but do not guarantee uninterrupted or error-free operation. The Services may be unavailable during planned maintenance or due to events beyond our reasonable control. We may modify, suspend or discontinue features from time to time. We provide support on a reasonable-efforts basis through the contact channels we make available.
13. Warranties and disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available”, and we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will meet your requirements, be uninterrupted, secure or error-free, or that outputs will be accurate or reliable.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Where our liability for a failure to meet such a guarantee can be limited, it is limited (at our option) to re-supplying the Services or paying the cost of having them re-supplied.
14. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid us for the Services in the twelve months before the event giving rise to the liability, or (b) AUD 100. These limits do not apply to liability that cannot be limited or excluded by law.
15. Indemnity
You agree to indemnify and hold harmless FieldMand and its officers, employees and agents from and against claims, damages, losses and expenses (including reasonable legal costs) arising out of or related to your Customer Data, your use of the Services in breach of these Terms, or your violation of any law or third-party right.
16. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if your use poses a security or legal risk, and we will give notice where reasonably practicable. On termination, your right to use the Services ends. We will make Customer Data available for export for a limited period after termination where reasonably practicable, after which we may delete it in accordance with our Privacy Policy and retention practices. Provisions that by their nature should survive termination will survive.
17. Changes to the Services and to these Terms
We may update these Terms from time to time. When we make material changes we will update the “Last updated” date and take reasonable steps to notify you, for example by email or an in-product notice. Changes take effect when posted unless stated otherwise. Your continued use of the Services after changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Services.
18. Governing law and dispute resolution
These Terms are governed by the laws of Australia, without regard to conflict-of-laws principles. You and FieldMand submit to the non-exclusive jurisdiction of the courts of Australia. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute by negotiation. Nothing in this section prevents either party from seeking urgent interlocutory relief.
19. General
Entire agreement. These Terms and the documents referred to in them are the entire agreement between you and us about the Services and supersede any prior agreements. Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Severability. If any provision is held unenforceable, the remaining provisions continue in effect. Waiver. A failure to enforce a provision is not a waiver. Notices. We may give notices by email or through the Services; you may contact us using the details below. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. Relationship. The parties are independent contractors; nothing creates a partnership or agency.
20. Contact
Questions about these Terms can be sent to hello@fieldmand.com. See also our Privacy Policy.