Términos de Uso

2.1 Creación de Cuenta

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

2.2 Seguridad de Cuenta

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to maintain the security of your account.

2.3 Tipos de Cuenta

FieldSub offers different user roles within your organization, including but not limited to administrators, managers, field workers, and crew members. The account administrator is responsible for managing user access, permissions, and ensuring that all users within the organization comply with these Terms.

3.1 Planes de Suscripción

Access to the Service requires a paid subscription. Current pricing, features, and plan details are available on our website and within the Platform. We reserve the right to change our pricing and plan structure at any time upon thirty (30) days' prior notice. Continued use of the Service after a pricing change constitutes acceptance of the new pricing.

3.2 Facturación

Subscription fees are billed in advance on a monthly or annual basis, as selected by you. You authorize us to charge your designated payment method for all fees incurred. All fees are stated in U.S. dollars unless otherwise specified.

3.3 Impuestos

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your subscription, excluding taxes based on our net income.

3.4 Reembolsos

Subscription fees are non-refundable except as required by applicable law or as otherwise expressly stated in these Terms. No refunds or credits will be issued for partial months of service, downgrade refunds, or unused periods.

3.5 Períodos de Prueba y Ofertas Promocionales

We may offer free trials or promotional pricing from time to time. At the end of any free trial or promotional period, your subscription will automatically convert to a paid subscription at the then-current rate unless you cancel before the end of the trial or promotional period.

5.1 Propiedad

You retain ownership of all data, content, and information that you submit, upload, or transmit through the Service (“Your Data”). By submitting Your Data to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and process Your Data solely for the purposes of providing, maintaining, improving, and developing the Service and as otherwise described in our Privacy Policy.

5.2 Uso de Datos para Mejora del Servicio

You expressly consent to our use of Your Data, in aggregated, de-identified, or anonymized form, to analyze usage patterns and trends, improve and develop the Service and its features, train and improve our AI and machine learning models, generate industry insights and benchmarks, and develop new products and services. We will not identify you or your business in any aggregated or de-identified data without your prior consent.

5.3 Sus Responsabilidades

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of Your Data. You represent and warrant that you have all necessary rights, consents, and permissions to submit Your Data to the Service, including any personal information of your employees, crew members, or clients.

5.4 Copia de Seguridad de Datos

While we implement reasonable measures to protect your data, you are solely responsible for maintaining independent backups of your data. We strongly recommend that you regularly export and back up your data. We shall not be liable for any loss, corruption, or destruction of your data, regardless of the cause.

6.1 Nuestra Propiedad Intelectual

The Service, including all software, designs, text, graphics, interfaces, code, databases, trademarks, logos, and other content, is owned by or licensed to FieldSub, Inc. and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

6.2 Comentarios

If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we are free to use, disclose, reproduce, license, and distribute the Feedback without any obligation to you.

6.3 Marcas Registradas

“FieldSub” and all related names, logos, product and service names, designs, and slogans are trademarks of FieldSub, Inc. You may not use such marks without our prior written permission.

8.1 Funciones con Inteligencia Artificial

The Service includes features powered by artificial intelligence and machine learning, including but not limited to auto-estimating, tool identification, voice commands, language translation, and predictive analytics (collectively, “AI Features”).

8.2 Sin Garantía de Exactitud

AI Features are provided as tools to assist you and are not substitutes for professional judgment. AI-generated outputs, including but not limited to estimates, translations, suggestions, and predictions, may contain errors, inaccuracies, or omissions. You are solely responsible for reviewing, verifying, and validating all AI-generated outputs before relying on them for any purpose, including business decisions, client communications, or financial transactions.

8.3 Entrenamiento de IA

By using the AI Features, you consent to the use of your interactions with AI Features, including inputs and outputs, to improve and train our AI models, subject to the data protection measures described in our Privacy Policy.

11.1 Exclusión de Ciertos Daños

To the maximum extent permitted by applicable law, in no event shall FieldSub, Inc., its officers, directors, employees, agents, partners, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for:

• Loss of profits, revenue, business, or anticipated savings.
• Loss of data, goodwill, or business reputation.
• Cost of procurement of substitute goods or services.
• Loss resulting from any data security breach, including but not limited to unauthorized access to, alteration of, or loss of your data or information.
• Any interruption or cessation of transmission to or from the Service.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party.
• Any errors, inaccuracies, or omissions in any content, including AI-generated content and translations.
• Any unauthorized access to or use of our servers and/or any personal or financial information stored therein.

The foregoing limitations apply whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

11.2 Límite de Responsabilidad

To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

11.3 Limitación por Violación de Datos

Without limiting the foregoing, in the event of any data breach, security incident, hack, or unauthorized access to the Service or your data, our liability shall be strictly limited to the amounts set forth in Section 11.2 above. You acknowledge and agree that no system is completely secure and that we cannot guarantee the absolute security of your data. You assume all risk associated with transmitting your data to and storing your data on the Service.

11.4 Propósito Esencial

You acknowledge and agree that the limitations of liability in this section are essential elements of the bargain between you and us, and that in the absence of such limitations, the terms and conditions of these Terms would be substantially different.

13.1 Terminación por su Parte

You may terminate your account at any time by contacting us or through the account settings in the Platform. Termination of your account does not relieve you of any obligation to pay accrued fees.

13.2 Terminación por Nuestra Parte

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including but not limited to if we reasonably believe you have violated these Terms, if you fail to pay applicable fees, if we are required to do so by law, or if we discontinue the Service. We will endeavor to provide you with reasonable notice prior to termination where practicable.

13.3 Efecto de la Terminación

Upon termination, your right to use the Service will immediately cease. You will have thirty (30) days following termination to export Your Data from the Platform. After this period, we may delete Your Data and have no obligation to retain it. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

15.1 Modificaciones al Servicio

We reserve the right to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

15.2 Modificaciones a los Términos

We reserve the right to modify these Terms at any time. When we make material changes, we will provide at least thirty (30) days' prior notice by posting the updated Terms on the Platform and/or sending an email to the address associated with your account. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and terminate your account.

19.1 Resolución Informal

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@fieldsub.com and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved informally.

19.2 Arbitraje Vinculante

If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in New Castle County, Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Renuncia a Demandas Colectivas

You and we agree that each party may only bring claims against the other in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative action. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of consolidated, representative, or class proceeding.

19.4 Excepciones

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

20.1 Acuerdo Completo

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral.

20.2 Divisibilidad

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

20.3 Renuncia

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

20.4 Cesión

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

20.5 Sin Beneficiarios Externos

These Terms do not confer any third-party beneficiary rights.

20.6 Encabezados

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.7 Cumplimiento de Exportación

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the Treasury Department's Office of Foreign Assets Control.

20.8 Usuarios del Gobierno

If the Service is being used by or on behalf of the U.S. Government, the Service is provided with “RESTRICTED RIGHTS” as defined in applicable Federal Acquisition Regulations and agency supplements.