Terms of Service

1. Acceptance of Terms

Welcome to Fieldjock. By accessing or using our HVAC business management platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

2. Service Description

Fieldjock provides a cloud-based software platform designed for HVAC contractors to manage their business operations, including but not limited to:

• Job scheduling and dispatch management
• Customer relationship management
• Equipment tracking and maintenance scheduling
• Estimates, invoicing, and payment processing
• QR code generation and scanning for equipment
• Business analytics and reporting

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

While we strive to provide a reliable service, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. You understand that temporary interruptions may occur as normal events.

3. User Accounts

Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Account Responsibilities

You are responsible for all content posted and activity that occurs under your account. You may not:

• Share your account credentials with others
• Use another user's account without permission
• Create an account using false information
• Create multiple accounts for fraudulent purposes

Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

4. Payment Terms

Subscription Plans

Fieldjock offers various subscription plans with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees as described in your chosen plan.

Billing

Payment terms are as follows:

• Subscriptions are billed in advance on a monthly or annual basis
• Billing cycles begin on the day you subscribe and renew automatically
• All fees are non-refundable except as required by law
• We reserve the right to change our pricing with 30 days notice
• You are responsible for any applicable taxes

Free Trial

We may offer a free trial period for new subscribers. At the end of the trial period, you will be charged the applicable subscription fee unless you cancel before the trial ends.

Payment Failures

If your payment method fails or your account is past due, we may:

• Suspend your access to the Service until payment is received
• Charge fees to your payment method on file
• Terminate your account after repeated payment failures

Cancellation and Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial months or years. However, we may provide refunds at our sole discretion on a case-by-case basis.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Transmit any harmful, offensive, or illegal content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal information from other users
• Use automated systems to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service

6. Intellectual Property

Our Rights

The Service and its original content, features, and functionality are owned by Fieldjock. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written permission.

Your Content

You retain all rights to the content you upload to the Service ("Your Content"). By uploading Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing and improving the Service.

You represent and warrant that you have all necessary rights to Your Content and that Your Content does not infringe on the rights of any third party.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including obtaining necessary consents from your customers for data collection and processing.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that you provide your information at your own risk.

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• At our sole discretion

Upon termination, your right to use the Service will immediately cease. You may export your data from the Service before termination. We are not obligated to maintain your data after termination.

All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

9. Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIELDJOCK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Fieldjock and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Phoenix, Arizona.

You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

12. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Fieldjock regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

13. Transactional SMS

FieldJock SMS features are provided only for transactional service communications related to your use of the Service. Permitted transactional SMS may include appointment reminders, technician ETA notifications, job assignment notifications, schedule changes, and similar operational messages directly related to a customer service visit or internal field workflow.

FieldJock does not permit marketing, promotional, bulk advertising, lead nurturing, review solicitation, win-back, or other non-transactional SMS through the Service unless we expressly provide a separate written product and compliance policy for that use. You are responsible for ensuring that your SMS usage complies with all applicable laws, carrier rules, consent requirements, opt-out requirements, and messaging guidelines.

Plan Limits and Overage

• Essential does not include SMS unless otherwise agreed in writing.
• Professional includes 500 transactional SMS messages per month.
• Elite includes 2,000 transactional SMS messages per month.
• Enterprise SMS limits and overage terms are negotiated in the applicable order form or written agreement.
• Unless otherwise stated, Professional and Elite overage is billed automatically at $0.01 per additional message segment above the included monthly allowance.

SMS usage may be counted by message segment, not just by visible message. Longer messages, messages with special characters, carrier handling, or provider rules may cause a single visible SMS to count as multiple billable segments. Unused monthly SMS allowance does not roll over, has no cash value, and cannot be transferred to another account or billing period.

Opt-Outs and Delivery

Customers may opt out of SMS by replying STOP or using another recognized opt-out method. You agree not to attempt to bypass opt-outs or send SMS to numbers that have opted out. SMS delivery depends on carriers, providers, customer devices, phone numbers, and network conditions, and we do not guarantee delivery, delivery timing, or receipt of any SMS.

We may suspend, limit, throttle, or disable SMS sending if we believe your account is violating these Terms, generating excessive complaints, using SMS for prohibited marketing, creating compliance risk, causing carrier blocking, or exceeding plan or usage limits.

14. FieldJock Partner Program

The FieldJock Partner Program allows approved suppliers, vendors, consultants, associations, agencies, and other partners to refer HVAC companies to FieldJock in exchange for eligible referral commissions. Participation in the Partner Program is subject to approval by FieldJock, continued compliance with these Terms, and any additional written Partner Program policies we provide.

Eligibility and Approval

Submitting a partner application does not guarantee acceptance. We may approve, reject, suspend, or remove a partner from the program at our discretion, including for fraud risk, brand misuse, misleading promotion, low-quality traffic, conflicts of interest, or violation of these Terms.

• You must provide accurate contact, business, audience, and payout information.
• You may not make false claims about FieldJock, pricing, guarantees, product capabilities, or expected customer results.
• You may only use FieldJock trademarks, logos, screenshots, and marketing assets in the form and manner we approve.
• You are responsible for complying with all advertising, email, privacy, anti-spam, disclosure, and endorsement laws that apply to your promotions.

Referral Tracking and Attribution

Approved partners receive a unique referral link. When a prospect clicks that link, FieldJock may set a referral cookie that lasts for 30 days. If the prospect signs up within that period and the signup is attributed to your link, the customer may be counted as your referral. Newer affiliate cookies may overwrite older affiliate cookies. We may determine final attribution based on our tracking systems, billing records, fraud review, and any other information reasonably available to us.

We are not responsible for lost attribution caused by disabled cookies, browser restrictions, ad blockers, private browsing, user deletion of cookies, incomplete signup information, technical errors outside our reasonable control, or links that are changed, masked, or used incorrectly.

Commission Eligibility

Unless otherwise agreed in writing, eligible partners may earn a commission equal to 15% of subscription revenue actually received by FieldJock from an attributed customer for up to 12 months from that customer's first paid subscription date. Commissions are calculated only on subscription fees actually paid to FieldJock and exclude taxes, refunds, credits, chargebacks, discounts, setup fees, implementation services, pass-through fees, usage fees, marketplace fees, payment processing fees, and any other non-subscription amounts unless we expressly state otherwise.

• Commissions begin only after the referred customer becomes an active, paying FieldJock customer.
• Trial signups, demo accounts, free accounts, test accounts, unpaid accounts, or pending accounts do not create payable commissions.
• Commission amounts may adjust if a customer upgrades, downgrades, receives a discount, receives a credit, or changes subscription plans.
• We may require a customer to remain active and paid for at least 30 days before any commission becomes payable.
• There is no guaranteed minimum commission and no guarantee that referred prospects will become paying customers.

Cancellations, Past-Due Accounts, and Non-Payment

Commissions are payable only while the referred customer is active, current on payment, and paying FieldJock for an eligible subscription. If a referred customer cancels, fails to pay, becomes past due, disputes a payment, receives a refund, receives a credit, has a chargeback, pauses service, or is otherwise not an active paying customer, commissions for that customer stop, pause, or are reduced for the affected period.

• No commission is owed for any month or partial month in which FieldJock does not receive and retain the customer's eligible subscription payment.
• If a customer cancels before the end of a billing period, we may calculate commission only for the paid active days we recognize, or we may withhold commission for that period if the payment is refunded, credited, disputed, or not retained.
• If a customer is past due, commission is paused until the customer's account is brought current. We do not owe commission on invoices that remain unpaid.
• If a customer receives a refund, chargeback, credit, or payment reversal after a commission has been reported or paid, we may claw back, offset, or deduct that commission from future payouts.
• If a canceled customer later reactivates, any resumed commission depends on attribution, timing, the remaining commission window, and our then-current Partner Program rules.
• Commissions do not continue after the 12-month commission period expires, even if the customer remains subscribed, unless we agree otherwise in writing.

Fraud, Self-Referrals, and Prohibited Activity

Partners may not create self-referrals, refer their own business without written approval, use deceptive ads, bid on FieldJock branded terms without permission, impersonate FieldJock, generate fake leads, use cookie stuffing, use forced redirects, create misleading review sites, spam prospects, or otherwise manipulate attribution or commissions. We may flag suspicious activity for manual review, withhold commissions during review, reverse commissions, suspend payout settings, or remove a partner from the program.

Payouts and Taxes

Payouts are generally scheduled monthly on or around the 15th for eligible pending commissions from prior completed periods, subject to review, payment processor availability, accurate payout details, and any required tax or compliance documentation. You are responsible for providing accurate payout information and for all taxes, reporting obligations, bank fees, PayPal fees, currency conversion fees, or other costs associated with receiving partner payments.

We may modify, pause, or terminate the Partner Program, commission rate, payout schedule, marketing rules, or eligibility criteria at any time. Changes will not create commissions on customers, payments, or periods that are not eligible under the program rules in effect at the time we determine commission eligibility.

15. Contact Information

If you have any questions about these Terms, please contact us: