These Terms of Service (“Terms”) govern your access to and use of Cadence FieldOps, a cloud-based scheduling, dispatch, and billing platform (the “Services”), provided by [Company Legal Name] (“Cadence FieldOps,” “we,” “us,” or “our”). By creating an account or using the Services, you agree to these Terms.
1. Eligibility and Account Registration
You must be at least 18 years old and able to form a legally binding contract. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
To use the Services you must create an account with accurate, current information. You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized access or security incident.
2. The Services
Cadence FieldOps provides software-as-a-service tools that help service businesses manage customers and properties, build recurring schedules, dispatch crews, capture work in the field, and invoice and accept payments. Specific features may be added, changed, or removed over time.
3. Acceptable Use
You agree not to:
- Use the Services in violation of any applicable law
- Reverse engineer, decompile, copy, or create derivative works of the Services, except where this restriction is prohibited by law
- Probe, scan, or test the vulnerability of the Services, or interfere with or disrupt their operation
- Access another account, tenant, or data set without authorization
- Upload code, malware, or content that infringes a third party’s rights or that is unlawful, harassing, or harmful
- Use the Services to send unsolicited messages, spam, or marketing messages without proper consent
- Use the Services in violation of applicable telemarketing, consumer-protection, or data-protection laws (including the TCPA, CAN-SPAM, CASL, and equivalent laws)
4. Customer Data
As between you and Cadence FieldOps, you retain ownership of the data you upload, generate, or process using the Services (“Customer Data”). You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely as needed to operate, secure, support, and improve the Services.
You represent that you have all rights and consents necessary to upload Customer Data and to instruct us to process it. You are responsible for the accuracy, legality, and content of Customer Data and for any communications you send through the Services.
5. Subscriptions, Billing, and Refunds
Paid subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) at the rate then in effect. By subscribing, you authorize us (and our payment processor) to charge your designated payment method on each renewal. Subscriptions automatically renew at the end of each term unless cancelled before the renewal date.
Fees are exclusive of taxes, which you are responsible for. Fees are non-refundable except where required by law or as expressly stated. Late payment may result in suspension or termination of the Services. We may change pricing on reasonable notice; changes apply at the start of the next billing period.
6. Payment Processing
Payment processing is provided by Stripe and is subject to Stripe’s terms and policies, including the Stripe Services Agreement and the Stripe Connected Account Agreement. By using the Services to accept payments from your own end customers, you agree to those terms and authorize Cadence FieldOps to share information about you and your transactions with Stripe as needed to provide the Services.
7. Third-Party Services
The Services integrate with third-party services, including Stripe (payments and Connect), Twilio (SMS delivery), and Intuit QuickBooks Online (accounting). Your use of those services is governed by their own terms and privacy practices. We are not responsible for third-party services and disclaim any liability arising from them.
8. Intellectual Property
The Services, including all software, design, text, graphics, and documentation (excluding Customer Data), are owned by Cadence FieldOps or its licensors and are protected by intellectual-property and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. We reserve all rights not expressly granted.
If you provide feedback or suggestions about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.
9. Confidentiality
Each party will protect the other’s non-public information using at least the same degree of care it uses to protect its own confidential information (and no less than reasonable care), and will not disclose it except as necessary to provide the Services or as required by law.
10. Termination and Suspension
You may cancel your subscription at any time through the Services or by contacting us. We may suspend or terminate your access if you violate these Terms, fail to pay fees, create risk or legal exposure for us, or as required by law. We will provide notice where reasonable.
On termination, your right to use the Services ends. We will make Customer Data available for export for a reasonable period before deletion, after which we may delete or anonymize Customer Data unless retention is required by law.
11. Disclaimers
The services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Cadence FieldOps disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
12. Limitation of Liability
To the maximum extent permitted by law, Cadence FieldOps will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business opportunity, or goodwill, arising out of or relating to these Terms or the Services, whether based in contract, tort, or any other legal theory, and whether or not Cadence FieldOps has been advised of the possibility of such damages.
Cadence FieldOps’s total cumulative liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid Cadence FieldOps in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD 100).
13. Indemnification
You agree to defend, indemnify, and hold harmless Cadence FieldOps and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Data; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of applicable law or the rights of any third party.
14. Governing Law and Disputes
These Terms are governed by the laws of [State/Jurisdiction], without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in [County, State] for any dispute not subject to arbitration. To the extent permitted by law, each party waives any right to a jury trial.
15. Modifications
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice through the Services or by email. The “Effective date” above shows when the latest version took effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
16. Miscellaneous
These Terms (together with any order forms or supplemental agreements) are the entire agreement between you and Cadence FieldOps regarding the Services and supersede prior agreements on the same subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be provided through the Services or to the email associated with your account.
17. Contact
[Company Legal Name]
[Postal Address]
Email:
legal@yourdomain.com