Field 2 Service — Terms of Service
Effective date: [[OWNER: publication date — stamp the same value into Config\Legal::$publishedAt]]
Version 1.0 Applies from the date this version is published at field2service.com. The version in force is recorded against your account when you accept it.
1. Who we are, and what this document is
Field 2 Service (the Service) is field service management software supplied by Go Gadgets Ltd, established in Ireland at Cupidstown, Kilteel, Co. Kildare, Ireland, registration number 565656 (Field 2 Service, we, us, our). You can reach us at hello@field2service.com.
These Terms of Service (Terms) are a contract between Field 2 Service and the business that opens an account (you, your, the Customer). By creating an account, starting a trial, or using the Service, you agree to them. If you do not agree, do not use the Service.
These documents form the whole agreement between us (together, the "Agreement"):
| Document | What it covers | Status |
|---|---|---|
| These Terms | The commercial and legal terms of the Service | This document |
| Acceptable Use Policy (AUP) | What you and your users may and may not do with the Service | Published at field2service.com; incorporated by reference (clause 9) |
| Data Processing Agreement (DPA) | How we process personal data on your behalf, including the UK addendum and international transfers | Published at field2service.com; incorporated by reference (clause 10) |
| Sub-processor list | The third parties we use to deliver the Service, and how we notify you of changes | Published at field2service.com; referenced by the DPA |
| Privacy Policy | How we handle personal data for which we are the controller — your account, billing and support data | Published at field2service.com |
| Pricing page | The current plans, prices, seat rate and AI allowances | Published at field2service.com |
If there is a conflict, the order of precedence is: (1) the DPA, for anything about personal data; (2) these Terms; (3) the AUP; (4) any other document referred to here.
We may publish the Agreement documents in other formats or languages for convenience. The English-language versions published at field2service.com prevail.
2. Definitions
Account — the workspace provisioned for you, including its own dedicated database.
Account Owner — the person who registered the Account, or the person you later designate to us in writing as holding that role.
AI Features — the assistive features of the Service that use a third-party large language model, including the in-app assistant, AI form assist, AI scan and digest jobs, Smart Dispatch and the optional customer-portal chat.
Applicable Data Protection Law — the EU General Data Protection Regulation (EU) 2016/679 and the Irish Data Protection Act 2018; and, where you are established in the United Kingdom or the personal data relates to individuals in the United Kingdom, the UK GDPR and the Data Protection Act 2018 (UK).
Customer Data — all data you, your Users or your End Customers put into the Service, or that the Service generates from it: customer and lead records, jobs, visits, quotes, invoices, payments, messages, staff records, timesheets, uploaded files, photos and signed documents.
Documentation — the in-product knowledge base and help articles we publish for the Service.
End Customer — a customer, client or contact of yours whose details you hold in the Service, including anyone who uses your customer portal or public booking page.
Fees — the subscription, seat, add-on and usage charges payable for the Service.
Plan — the subscription tier you have selected (Basic, Essentials, Professional or Ultimate).
Service — Field 2 Service, including the office web application, the field app, the customer portal, the public booking page, the REST API, webhooks and the AI Features, together with the Documentation.
Sub-processor — a third party we engage that processes Customer Data in delivering the Service.
User — anyone you authorise to access the Account, including your staff, engineers, contractors and administrators.
3. Eligibility — business use only
a. The Service is supplied for business and professional purposes only. You may open and use an Account only in the course of a trade, business, craft or profession. It is not offered to consumers, and it is not intended for personal or household use.
b. You must be at least 18 years old, and the individual accepting these Terms warrants that they have authority to bind the business named on the Account.
c. The Service performs no age verification and collects no dates of birth. It is not directed at children and is not intended for use by anyone under 18. You must not use it to build records about children, and you must not rely on a child's own consent as your lawful basis for anything you store in it — the Service cannot verify age, cannot verify parental authorisation, and keeps no record that would let you demonstrate either. Where a child's details are unavoidably incidental to work you do for an adult, keep them to the minimum and hold them under a lawful basis of your own.
d. If, despite clause 3(a), you qualify as a consumer under Irish or EU law, nothing in these Terms excludes or limits the statutory rights you have as a consumer.
e. Automatic setup is available for the countries we support at the time you register. If your country is not supported, registration will tell you so and you can contact us at hello@field2service.com. We may decline to provide the Service to anyone, and we do not provide it where doing so would breach sanctions or export controls that apply to us.
f. One Account is provisioned per Account Owner email address. Registration requires a working business email address; disposable and throwaway addresses are refused.
4. Your Account, your Users and security
a. Credentials. You are responsible for keeping login credentials secure and for everything done under your Account. Tell us at hello@field2service.com as soon as you believe an account, device or API token has been compromised.
b. Users. You are responsible for your Users' acts and omissions as if they were your own, for setting their permissions appropriately, and for removing access promptly when someone leaves. Login credentials must not be shared between people.
c. Security controls available to you. The Service provides role-based permissions, time-based one-time password (TOTP) two-factor authentication, per-user activity logging, and scoped API tokens with optional expiry. Whether you switch them on is your decision, and it is a decision your own security obligations under Applicable Data Protection Law may require you to take.
d. Links you share. Payment links and quote/invoice links that the Service generates for your End Customers are protected by an unguessable signed token, and they expire — 90 days from issue by default, which you can change, including to "never" — and can be revoked one at a time, or all of one customer's at once. Treat them as confidential, and do not publish them anywhere public. If one goes astray, revoke it: re-issuing a link restores the same address, so re-issue refreshes an expiry or undoes a revoke and is not a way to contain a leak. Links issued before 6 September 2026 keep working until the legacy cut-off set on your Account.
e. Fair use of the infrastructure. The REST API is rate limited to 120 requests per minute per token. Bulk record exports are limited to 500 selected records per export. We may apply reasonable technical limits to protect the Service, and will not apply them punitively to normal use.
5. Free trial
a. New Accounts start on a free trial of 14 days. No card details are required to start it.
b. A trial does not convert automatically into a paid subscription. If you have not subscribed by the end of the trial, the Account is suspended and access ends. We retain the Account for a period so that you can subscribe and continue where you left off; if you do not, clause 16 (data on termination) applies.
c. Trials are provided "as is", for evaluation, and may be shortened, extended or withdrawn by us. Do not run business-critical operations on a trial Account.
d. You may load real data during a trial. If you do, the DPA applies to it from the moment you do, not from the moment you start paying.
6. Plans, Fees and billing
a. Plans and prices. Fees are charged in US dollars (USD). The plans at the date of this version are:
| Plan | Monthly | Yearly | Included monthly AI credits |
|---|---|---|---|
| Basic | $34 | $340 | — |
| Essentials | $67 | $670 | — |
| Professional | $96 | $960 | 2,500 |
| Ultimate | $142 | $1,420 | 7,500 |
Yearly billing is charged at ten times the monthly price. Every plan includes one User; each additional active User is charged at $15 per User per month. The prices, allowances and inclusions published on our pricing page at the time you subscribe are the ones that apply, and they prevail over this table.
b. What each plan includes. Plans differ in the features they unlock. The REST API, webhooks, the AI Features, route optimisation, expenses, online booking and add-on upsells are available on Professional and Ultimate only. A feature that is not included in your plan is switched off, not merely hidden.
c. Seats. Seat charges follow the number of active Users on the Account. Adding a User increases the charge on a pro-rata basis from the date of the change.
d. AI credits. Plans that include AI Features carry a monthly credit allowance. When the allowance is used up, the AI Features stop until the next monthly period or until you buy a top-up. Top-up credits carry over; the included monthly allowance does not. Nothing else in the Service is affected when AI credits run out.
e. Changing plan. Upgrades take effect immediately and are charged pro rata for the remainder of the current period. Downgrades take effect at the end of the current billing period, and the features of the higher plan remain available until then.
f. How you pay. We collect Fees by card through Stripe, our payment processor, or by bank transfer against an invoice we issue where we have agreed that with you in writing. Card details are handled by Stripe and are never held by Field 2 Service. When card billing is active on your Account you can manage your payment method and cancel your subscription yourself through the billing portal in Settings → Billing.
g. Invoices and receipts. We issue an invoice for every charge, available in your Account.
h. Late payment. If a payment fails we will retry it and notify you. If it remains unpaid we may suspend the Account after the notice period stated in those messages. Suspension does not cancel accrued Fees. We may charge interest on late payment at the rate set by the European Communities (Late Payment in Commercial Transactions) Regulations 2012, together with the compensation those Regulations allow.
i. No refunds. Except where Applicable law requires otherwise, Fees are non-refundable and we do not refund part-periods, unused seats or unused AI credits.
j. Price changes. We may change Fees on at least 30 days' written notice. A change never takes effect mid-term: it applies from your next billing period after the notice ends. If you do not accept a price change, you may cancel before it takes effect under clause 15.
7. Taxes and VAT
a. Prices are stated as the total amount we charge. Your VAT position is derived from the country and, where you give one, the VAT registration number held on your Account:
- Ireland — the charge is treated as inclusive of Irish VAT at the standard rate (currently 23%), and your invoice shows the net amount and the VAT separately.
- A business in another EU member state that has given us a valid VAT number for that state — the reverse charge applies. We charge no VAT and you self-account for it. Your invoice carries the note "VAT reverse-charged — Article 196 Council Directive 2006/112/EC."
- Anywhere else, including the United Kingdom — the supply is outside the scope of Irish VAT and no Irish VAT is charged.
b. You must give us an accurate country and, if you are VAT-registered, an accurate VAT number, and tell us promptly if either changes. We rely on what you give us. If a tax authority determines that VAT or a similar tax should have been charged because the information you gave us was wrong, you are responsible for that tax, and for any interest and penalties on it.
c. Fees are exclusive of any withholding, import, sales or similar tax imposed in your own country. If you must withhold an amount by law, you will gross up the payment so that we receive the full Fee.
8. The Service, changes and availability
a. What the Service does. The Service supports day-to-day field service operations, including scheduling and dispatch, jobs and visits, quotes, invoicing and payment collection, a customer portal and public booking page, messaging, stock and price book, reporting, and the AI Features.
b. Changes. We develop the Service continuously and may add, change or remove features. If we remove or materially reduce a feature you rely on, we will give at least 30 days' notice by email or in-app, except where the change is required for security, legal compliance or to fix a fault.
c. Features marked beta or coming soon. Some features are labelled as previews, beta or "coming soon". They are provided without warranty, may change or be withdrawn without notice, and should not be relied on for business-critical work.
d. Availability — no uptime commitment. We use reasonable efforts to keep the Service available, but we do not offer an uptime guarantee, service level agreement or service credits. The Service may be unavailable during maintenance, during faults, and for reasons outside our control. We will aim to schedule disruptive maintenance outside normal business hours and to give notice where we reasonably can.
e. Support. Support is available by email at hello@field2service.com, and through the in-app support desk available to office Users on hosted Accounts. The Documentation is available in-product. We aim to respond promptly during Irish business hours, but we do not commit to a guaranteed response or resolution time.
f. Your side of the line. You are responsible for your internet connection, devices, browsers, mobile operating systems, and for the third-party accounts you choose to connect (clause 12).
g. Hosting. The Service is hosted at [[OWNER: hosting provider and data-centre location]].
9. Acceptable use
a. Your use of the Service is governed by the Acceptable Use Policy, published at field2service.com and incorporated into this Agreement. The AUP is part of your instructions to us about how the Service may be used, and a breach of it is a breach of these Terms.
b. Without limiting the AUP, you must not, and must not permit anyone to:
- use the Service unlawfully, or to store or transmit unlawful, infringing, defamatory or harmful content;
- upload special category personal data (health, racial or ethnic origin, religious or philosophical beliefs, trade union membership, genetic or biometric data, sex life or sexual orientation) or criminal offence data, unless we have agreed to it in writing in advance;
- use the messaging, email or SMS features to send unlawful direct marketing, or to send to anyone who has withdrawn consent or objected;
- use the AI Features to make automated decisions that produce legal effects for an individual or similarly significantly affect them (clause 11(f));
- resell, sublicense or provide the Service to a third party as a service, except as a User of your own Account, without our written agreement;
- attempt to breach, probe or circumvent security, access another tenant's data, or exceed the scope of your API tokens;
- reverse engineer, decompile or attempt to derive the source code of the Service, except to the extent that restriction is void under Directive 2009/24/EC;
- use the Service to build a competing product, or to extract data for the purpose of training a machine learning model;
- impose an unreasonable load on the Service, or circumvent rate limits and usage caps.
c. You are responsible for Customer Data and for having the right to hold and process it. You must not put anything into the Service that you do not have the right to put there.
10. Customer Data — ownership, and our role
a. You own your data. As between you and us, Customer Data remains at all times your exclusive property. We claim no ownership of it and acquire no licence to it beyond clause 10(b).
b. What we may do with it. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and process Customer Data only to the extent necessary to: provide, secure, maintain and support the Service to you; carry out your instructions; produce your invoices; and comply with the law. This licence ends when the data is deleted. It does not permit us to use Customer Data for marketing, for our own analytics products, or to sell or share it.
c. Roles under data protection law. For Customer Data, you are the controller and we are the processor. We are a controller only for the personal data described in our Privacy Policy — your Account holders and billing contacts, support tickets, and enquiries made through our marketing website.
d. The DPA. Our processing of Customer Data is governed by the Data Processing Agreement, published at field2service.com and incorporated into this Agreement. It contains the Article 28(3) terms, the security measures, the sub-processor authorisation and change-notice mechanism, the international transfer terms, the UK GDPR addendum, and what happens to Customer Data at the end of the Agreement. Where the DPA and these Terms conflict on anything to do with personal data, the DPA prevails.
e. Your responsibilities as controller. You warrant that:
- you have a lawful basis for every processing operation you carry out through the Service, and can demonstrate it;
- you have given your End Customers and staff the privacy information Applicable Data Protection Law requires you to give them — we do not give it on your behalf, and your privacy notice, not ours, is the one your End Customers must be shown;
- your instructions to us, including the way you configure the Service, are lawful;
- you will handle requests from your End Customers and staff to exercise their data protection rights, with the assistance the DPA describes.
f. Integrations you configure are your transfers. If you enable webhooks, connect a third-party service, or configure your own email or SMS provider, the Service sends Customer Data to the destination you have chosen, on your instruction. Those transfers are yours, you are responsible for their lawfulness and security, and we are not responsible for what the recipient does with the data.
g. Deleting and erasing data inside the Service. Deleting a record moves it to the recycle bin, from where it can be restored. Permanently deleting it from the recycle bin now removes the record itself — the row, its related records, its uploaded files and the deletion snapshot — and is refused where live financial records still depend on it, because a tax record may not be destroyed. Separately, the Service has an erasure action for one individual: a user you have given the data-subject-rights permission can erase a customer, which keeps the financial record in anonymised form and deletes everything else, including their customer-portal login and their outstanding payment and quote links. System records that name that individual go with it; what survives is the anonymised financial record and a redacted note that the erasure happened. Where you need something these two actions do not reach — uploaded file archives, or work against the database itself — ask us in writing at hello@field2service.com and we will carry it out under the DPA.
11. AI Features
a. Assistive only. The AI Features are assistive. They generate suggestions, drafts and summaries from your Customer Data. They are not advice, and they are not a substitute for your own professional judgement.
b. Human confirmation. Actions the assistant proposes are staged and applied only after a User confirms them, each application is recorded, and it is designed to be reversible. Server-side limits cap the number of staged and destructive actions per turn regardless of what anyone types into the chat.
c. The one exception — Smart Dispatch Auto-pilot. If you switch on the optional Smart Dispatch auto-apply setting, a limited set of scheduling actions — optimising or auto-assigning an engineer's day, accepting a proximity fill, rebalancing between engineers — is applied without a confirmation step, capped per turn, logged and reversible. The setting is off unless you turn it on. Nothing destructive and nothing involving money can ever auto-apply. Turning it on is your decision as controller, including any consequences it has for your own staff.
d. No guarantee of accuracy. AI output can be wrong, incomplete or out of date. We do not warrant the accuracy, completeness or fitness for purpose of anything the AI Features produce, and you must review AI output before relying on it — in particular before sending anything to an End Customer, before acting on a figure, and before making any decision with legal, financial, tax, safety or employment consequences. You remain responsible for every decision you take and for everything sent from your Account.
e. Personal data goes to our AI sub-processor. Delivering the AI Features requires Customer Data relevant to your request — which can include names, contact details, addresses, job notes and uploaded photographs — to be sent to the AI provider named in our sub-processor list. That transfer, and the safeguards for it, are covered by the DPA. We do not use personal data to train any AI model, we do not provide it to anyone else to train theirs, and we do not sell it or share it for advertising. The terms on which our AI provider handles data sent to it, including its position on training, are recorded on our sub-processor list. If you do not want Customer Data sent to the AI provider, do not use the AI Features; where the Service offers a switch for an AI surface, switching it off stops that surface sending anything.
f. What you must not use the AI Features for. You must not use them to make a decision that produces legal effects for an individual or similarly significantly affects them, and you must not use them for credit, insurance, employment or eligibility decisions about an individual, or to generate advice you present to a third party as professional advice.
g. Metering. AI usage is metered in credits (clause 6(d)). We may apply reasonable limits to protect the Service, and we may change the AI provider or model we use; where such a change materially changes the feature we will give notice under clause 8(b), and any change of sub-processor follows the notice and objection process in the DPA.
12. Third-party services
a. Some functionality depends on third parties: Stripe and PayPal for taking payments from your End Customers; Twilio for SMS; the email provider you configure; and mapping and address lookup services. Those services are provided by their operators under their own terms, and you may need your own account and your own agreement with them.
b. Where you connect a third-party service, you authorise us to exchange the data necessary to make the integration work. You are responsible for choosing the provider, for your agreement with them, and for the consequences of their acts and omissions.
c. We are not liable for third-party services, for their availability, or for any loss caused by them. If a third party changes or withdraws its service, we may change or withdraw the corresponding feature under clause 8(b).
d. Money taken from your End Customers is settled by the payment provider to your own account under your agreement with them. We are not a party to those payments, we do not hold your money, and we are not a payment institution.
e. The third parties we use to deliver the Service to you — as opposed to the ones you connect yourself — are listed, with their purpose and location, in our sub-processor list, and changes to it follow the notice and objection process in the DPA.
13. Intellectual property
a. Our IP. The Service, the Documentation, and everything in them other than Customer Data — including software, interfaces, designs, templates, database structures and the Field 2 Service name and logos — belong to us and our licensors. Nothing in this Agreement transfers any of it to you.
b. Your licence. For as long as your Account is in good standing, we grant you a non-exclusive, non-transferable, non-sublicensable right for you and your Users to access and use the Service for your own internal business purposes, subject to this Agreement and to the plan you have bought.
c. Restrictions. The licence does not permit anything prohibited by clause 9(b), and does not permit copying, framing, mirroring or white-labelling the Service without our written agreement.
d. Your content and brand. You keep all rights in your logos, templates and documents. You grant us the limited right to display them within the Service — for example on the quotes, invoices and portal pages the Service generates for you.
e. Feedback. If you send us suggestions or feedback, we may use them freely to improve the Service, without obligation to you and without any claim over your Customer Data.
f. Publicity. We will not use your name or logo as a customer reference without your prior written agreement.
14. Suspension
a. We may suspend your Account, or a part of the Service, where:
- Fees are overdue and remain unpaid after the notices described in clause 6(h);
- your trial has ended without a subscription (clause 5(b));
- we reasonably believe the Service is being used in breach of clause 9 or the AUP;
- use of the Account threatens the security, integrity or availability of the Service or another customer's data; or
- we are required to suspend by law.
b. Except where the risk is serious or immediate, or where the law requires otherwise, we will give notice and, where the breach can be put right, a reasonable opportunity to put it right before suspending.
c. Suspension for cause does not entitle you to a refund and does not relieve you of the obligation to pay Fees for the suspended period. We will restore access once the cause has been resolved.
d. While an Account is suspended, Users, your customer portal and your public booking page will not be accessible. Customer Data is retained during suspension and is not deleted by the suspension itself.
15. Term and termination
a. Term. The Agreement runs from the day you create an Account until it is terminated under this clause. Subscriptions renew automatically for successive monthly or yearly periods until cancelled.
b. Cancellation by you. You may cancel at any time — through the billing portal in Settings → Billing where card billing is active on your Account, or by writing to hello@field2service.com. Cancellation takes effect at the end of the current paid period. You keep access to the features of your plan until then, and we do not refund the unused part of a period.
c. What happens when a paid subscription ends. Paid-plan features stop being available at the end of the paid period, and the Account reverts to the lowest feature set. We may close the Account after that on at least 30 days' notice to the Account Owner.
d. Termination by either of us for breach. Either of us may terminate the Agreement immediately on written notice if the other commits a material breach that cannot be put right, or does not put a remediable material breach right within 30 days of written notice of it. We may terminate immediately for serious misuse of the Service, including anything in clause 14(a)(3) or 14(a)(4) that cannot be resolved.
e. Termination by either of us for insolvency. Either of us may terminate immediately if the other becomes insolvent, has a receiver, examiner or liquidator appointed, or ceases to carry on business.
f. Termination by us for convenience. We may terminate the Agreement on at least 90 days' written notice to the Account Owner. If we do, we will refund the unused part of any Fee paid in advance.
g. Effect of termination. All rights to use the Service end. You must stop using it and destroy or return any of our confidential information. Fees accrued before termination remain payable. Clause 16 governs your data. Clauses 7, 10(a), 13, 16, 17, 18, 19, 20, 22, 23 and 24 survive termination.
16. Your data on termination — export and deletion
This clause states what actually happens. It does not promise capabilities the Service does not have.
a. Export while your Account is live. At any time while your Account is live you can:
- export selected records as CSV files (up to 500 records per export) from the record lists available on your plan — customers, jobs, quotes, invoices, leads, tasks, tickets, the price book and the activity log among them; and
- read your records through the REST API, on Professional and Ultimate plans; and
- export everything the Service holds about one individual as a single archive, from that customer's record, by a user you have given the data-subject-rights permission — a README, one spreadsheet per table that holds their data, and a summary naming every table searched. A signed-in customer-portal user can download their own copy, which withholds your staff's names, their IP addresses, notes marked internal, and credentials.
There is no single-click export of a complete Account, and no export of any kind includes uploaded file binaries — attachments, job photos and signed documents. If you need either, ask us under clause 16(c).
b. Retention window after cancellation. When an Account is cancelled, access ends. We keep the Account database for a grace period — 30 days unless we tell you otherwise — so that the Account can be reinstated. During the grace period the Service is not accessible; the data is held, not served.
c. Return of your data. On written request from the Account Owner, we will produce a copy of your Account database and provide it to you securely. We will do this within 30 days of the request. We can produce this at any time, including while your Account is live and during the cancellation grace period; where our standard tooling is not available we take the export manually. This is a manual process carried out by our staff, not a self-service feature. Uploaded files — attachments, job photos and signed documents — are not included in that database export and must be requested separately; we will provide them by the same route and in the same timeframe.
d. Deletion of your data. At your choice, we will delete your Account database and the uploaded files associated with it. Deletion is carried out by our staff on written request from the Account Owner, and we will confirm to you in writing when it is done. Two honest limits apply:
- Backups and archives are overwritten on their own cycle, so deleted data may persist in a backup for a period after deletion from the live system. Backups are not accessible for ordinary use and are deleted when the cycle turns over.
- Records we are required to keep — principally invoices, payment records and the accounting records Irish company and tax law requires us to retain — are kept for the statutory period, and are kept only for that purpose.
e. If you make no request under clause 16(c) or 16(d), the timeline is: access ends on cancellation; the Account database is retained for a 30-day reinstatement grace period; we then write to the Account Owner giving at least 30 days' notice to take an export; and we delete the Account database 90 days after the Services end. Records we must keep by law (clause 16(d)(2)) are the only exception to the deletion of the Account database. Our own records about the Account — the account entry itself, our administrative audit log, and our support, agreement, data-subject-request and breach history — are kept as the record that the deletion happened; they are covered by our Privacy Policy, where we are the controller, and not by this clause. The same timeline is set out in the DPA, clause 5.8.
f. Do not leave it to the last day. Take your export before you cancel where you can. We are not liable for Customer Data deleted in accordance with this clause or with your own instructions.
17. Confidentiality
a. Each of us may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential (Confidential Information). Customer Data is your Confidential Information. The non-public parts of the Service, our pricing where individually negotiated, and our security information are ours.
b. Each of us will keep the other's Confidential Information confidential, use it only for the purposes of this Agreement, and disclose it only to those of our people and contractors who need it and who are bound by confidentiality obligations at least as protective as these.
c. These obligations do not apply to information that is or becomes public without breach, was already known without a duty of confidence, or is independently developed. If disclosure is required by law or a regulator, the disclosing party will, where lawful, give the other prompt notice so it can seek protection.
d. These obligations continue for three years after termination, and indefinitely for anything that is a trade secret or personal data.
18. Warranties and disclaimers
a. Mutual. Each of us warrants that it has the power to enter into this Agreement and that the person accepting it has authority to do so.
b. Our warranty. We warrant that we will provide the Service with reasonable skill and care, and that the Service will materially perform as described in the Documentation. If it does not, tell us; correcting the fault within a reasonable time is your exclusive remedy for a breach of this warranty.
c. Disclaimer. Subject to clause 18(b) and to clause 19(e), and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.
d. Specifically, we do not warrant that: the Service will be uninterrupted, error-free or secure against every attack; that it will meet your particular requirements; that AI output will be accurate or complete (clause 11(d)); that it will make you compliant with any law that applies to your business; or that it will prevent loss of Customer Data. Keep your own copies of anything you cannot afford to lose.
e. Not professional advice. The Service is a tool, not advice. Nothing it produces is legal, tax, accounting, employment, safety or regulatory advice, and calculations it performs — including tax and VAT figures — must be checked by you or your advisers.
19. Limitation of liability
a. Nothing excluded that cannot be. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.
b. Neither of us is liable for indirect loss. Neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or for any indirect or consequential loss, however arising, even if it was foreseeable.
c. Cap. Subject to clauses 19(a) and 19(e), our total aggregate liability arising out of or in connection with this Agreement — in contract, tort (including negligence), breach of statutory duty or otherwise — is limited, for all claims in aggregate in any twelve-month period, to the greater of (i) the total Fees you paid us in the twelve months before the event giving rise to the claim, and (ii) US$100.
d. Your liability. Clause 19(c) does not limit your obligation to pay Fees, or your liability under clause 20 (indemnity).
e. Data protection carve-out. Nothing in this clause limits or excludes either party's liability to a data subject or to a supervisory authority under Applicable Data Protection Law, or the allocation of liability between us under the DPA, to the extent that law prohibits such a limitation.
f. Reasonableness. These limits reflect the price of the Service and the allocation of risk between two businesses, each of which can insure the risks it bears. You accept them as reasonable, and you accept that you are responsible for keeping your own copies of Customer Data.
20. Indemnities
a. By you. You will indemnify us against all losses, damages, costs and reasonable legal fees we incur from any third-party claim arising out of:
- Customer Data, including a claim that it infringes a third party's rights or was processed unlawfully;
- your breach of clause 9 or the AUP;
- your instructions to us, where following them caused the claim; or
- any claim by one of your End Customers or Users relating to your business, your services, or your handling of their personal data.
b. By us. We will indemnify you against all losses, damages, costs and reasonable legal fees you incur from a third-party claim that the Service, used in accordance with this Agreement, infringes that third party's intellectual property rights. This does not apply to a claim arising from Customer Data, from your modification of the Service, from combining it with anything we did not supply, or from use in breach of this Agreement. If such a claim is made, we may at our option procure the right to continue using the Service, modify it so that it is no longer infringing, or terminate the Agreement and refund the unused part of any prepaid Fee.
c. Process. The indemnified party must notify the other promptly, give it control of the defence and settlement (though no settlement may impose an obligation on the indemnified party without its consent), and provide reasonable co-operation at the indemnifying party's cost.
d. Our liability under clause 20(b) is subject to the cap in clause 19(c).
21. Changes to these Terms
a. We may change these Terms, the AUP or the DPA — for example to reflect a change in the Service, in our sub-processors, or in the law.
b. For a material change we will give at least 30 days' notice by email to the Account Owner and in-app before it takes effect, and we will publish the updated document with a new version number. Non-material changes, and changes required to comply with the law or to address a security risk, may take effect sooner, and we will tell you when they do.
c. If you do not accept a material change, you may terminate under clause 15(b) before it takes effect, and we will refund the unused part of any Fee you have paid in advance for the period after termination. Continuing to use the Service after the change takes effect means you accept it.
d. Changes never apply retrospectively to the period before they take effect.
22. Notices
a. To you. We give notice by email to the Account Owner's registered email address, by in-app notice, or both. It is your responsibility to keep that address current and monitored. A notice sent by email is treated as received on the day it is sent, unless we receive a delivery failure.
b. To us. Give notice by email to hello@field2service.com, or in writing to Go Gadgets Ltd at Cupidstown, Kilteel, Co. Kildare, Ireland. A notice by email is treated as received on the next business day.
c. Formal notices of breach, termination or a legal claim must be in writing and must identify the Account they relate to.
23. General
a. Assignment. You may not assign or transfer this Agreement without our written consent, which we will not unreasonably withhold. We may assign it to an affiliate or to a successor of our business, on notice to you.
b. Subcontracting. We may use subcontractors and sub-processors to deliver the Service. We remain responsible to you for their performance. Sub-processors that handle personal data are governed by the DPA.
c. Force majeure. Neither of us is liable for failure or delay caused by something beyond our reasonable control, including internet or hosting failure, power failure, industrial action, natural disaster, war, or government action. This does not excuse a failure to pay.
d. No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.
e. No third-party rights. Only you and we may enforce this Agreement. No other person has any right to enforce any part of it.
f. Waiver. A failure or delay in enforcing a right is not a waiver of it.
g. Severability. If any provision is held invalid or unenforceable, it is modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The rest of the Agreement continues in force.
h. Entire agreement. The Agreement documents listed in clause 1 are the entire agreement between us about the Service, and replace all previous discussions, proposals and representations. Neither of us relies on any statement not set out in them. Nothing in this clause limits liability for fraud or fraudulent misrepresentation.
i. Affiliate and referral programme. If you take part in our affiliate or referral programme, the programme rules published on our affiliates page apply to that participation in addition to this Agreement.
j. Language. This Agreement is made in English.
24. Governing law and jurisdiction
a. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes and claims), is governed by the laws of Ireland.
b. The courts of Ireland have exclusive jurisdiction to settle any such dispute or claim.
c. Customers in the United Kingdom. We serve customers established in the United Kingdom on these same Terms and under Irish law. Where UK data protection law applies to the personal data we process for you, the UK addendum to the DPA applies to that processing, including the transfer mechanism it names. Nothing in this clause affects any right you have to bring a data protection complaint to the Information Commissioner's Office.
d. Data protection complaints. Nothing in this Agreement prevents anyone from lodging a complaint with a supervisory authority — in Ireland, the Data Protection Commission (www.dataprotection.ie); in the United Kingdom, the Information Commissioner's Office (ico.org.uk); or, if you are elsewhere, with the regulator named for your country in the jurisdiction addendum to our Privacy Policy.
e. Mandatory local law we cannot contract out of. Irish law governs this Agreement, and we do not offer a different governing law. But a choice of law cannot displace a protection your own law makes mandatory, and we would rather say so here than leave you to find out. Nothing in this Agreement excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that applies to you under mandatory law in your own jurisdiction and that cannot lawfully be excluded, restricted or modified. Where such a law applies and a term of this Agreement would otherwise conflict with it, that term is read down to the extent necessary for it to comply, and no further — the rest of the Agreement is unaffected.
Two places where we know this bites, named because our customers ask:
- Australia. Where the Australian Consumer Law applies to a supply we make to you, nothing in this Agreement excludes, restricts or modifies any consumer guarantee it imposes or our liability for failing to comply with one. ⚠ We have not obtained our own advice on the ACL and we make no representation about whether, or how, it applies to a business-to-business supply of software from Ireland; this clause exists so that the Agreement cannot be read as attempting to exclude it, and states nothing more.
- New Zealand. Where the Consumer Guarantees Act 1993 applies to a supply we make to you, nothing in this Agreement excludes, restricts or modifies the guarantees it imposes. ⚠ The same caveat applies: we have not researched the Act's application to this supply, and this clause makes no claim that we have.
f. Terms we may not waive. Some laws expressly void an attempt to contract out of them. Rhode Island General Laws §6-48.1-9 provides that any waiver of the provisions of that chapter is void and unenforceable, and nothing in this Agreement purports to waive them or any equivalent provision elsewhere.
g. Local data protection law. Where your own data protection law imposes requirements on us as your processor that go beyond the European standard, the corresponding jurisdiction-specific section of the Data Processing Agreement — sections 15 to 27, of which sections 18 to 27 cover California, the United States state privacy laws, South Africa, Singapore, Brazil, Japan, Switzerland, Australia, Quebec and India — applies to that processing, in addition to and without reducing the rest of it. Clause 24(a) and 24(b) are unaffected: those sections change what we must do, not which law governs this Agreement or which courts decide a dispute about it.
25. Contact
| For | Contact |
|---|---|
| Anything about these Terms, your Account, billing or support | hello@field2service.com |
| Data protection and privacy | [[OWNER: privacy/DPO contact or statement that no DPO is required]] |
| Post | Go Gadgets Ltd, Cupidstown, Kilteel, Co. Kildare, Ireland |
Registration number: 565656. UK data protection registration: [[OWNER: ICO registration number, if registered]].