FieldElite Terms of Service

"Service" means the FieldElite field service management software provided online, including the web application, mobile apps, related documentation and support.

"Users" means the Customer's employees and contractors whom the Customer authorises to use the Service.

"Customer Data" means all data, including personal data, that the Customer or its Users enter into or generate in the Service.

"Subscription" means the plan, number of Users and billing period the Customer selects, and "Subscription Charges" means the fees for it.

We grant the Customer a non-exclusive, non-transferable right for its Users to use the Service during the Subscription for the Customer's internal business purposes.

The Service is provided for business use only. You confirm you are not entering into this contract as a consumer.

We may improve and change the Service. We will not make changes that materially reduce its core functionality during a paid Subscription term without giving you at least 30 days' notice; if such a change materially affects you, you may end the Subscription and receive a pro rata refund of prepaid charges for the unused period.

Free trials are provided as described at sign-up, for evaluation only, without any service commitment, and end automatically unless you choose a paid Subscription.

You are responsible for your Users, for keeping log-in details confidential, for managing access (including removing Users who leave) and for all activity under your account. Tell us promptly at writeme@fieldelite.com if you suspect unauthorised access.

You must provide accurate account and billing information and keep it up to date.

You and your Users must not:

We may suspend access to the extent reasonably necessary to deal with a serious breach of this section or a security threat. We will tell you promptly, explain why, and restore access once the issue is resolved.

Subscriptions are available for monthly, quarterly, half-yearly or yearly terms. Charges are payable in advance and the Subscription starts when the first payment is received.

Subscriptions renew automatically for the same term unless cancelled before the renewal date.

We may change Subscription Charges from the next renewal by giving at least 30 days' notice by email.

Charges exclude VAT and other applicable taxes, which you will pay at the applicable rate.

If a payment is overdue, we will notify you. If it remains unpaid three business days after that notice, we may suspend the Service until payment is made, and charge interest and compensation on the overdue amount at the statutory rates under the European Communities (Late Payment in Commercial Transactions) Regulations 2012.

Except as stated in clauses 2.3 and 11.3, charges are non-refundable, including if you stop using the Service during a Subscription term.

You own the Customer Data. You grant us the rights needed to host, process and display it solely to provide and support the Service.

For personal data in the Customer Data, you are the controller and we are your processor. Our Data Processing Agreement forms part of these terms.

We will not use Customer Data for any other purpose. We may create and use aggregated statistics about use of the Service that do not identify you, your Users or any individual.

You are responsible for the lawfulness of the Customer Data and for having a lawful basis, and giving any notices required, for the personal data you put into the Service, including about field workers' location where location features are used.

How we handle personal data as a controller (for example account and billing contacts) is described in our FieldElite Privacy Policy.

We will use reasonable efforts to keep the Service available and to schedule maintenance outside normal Irish business hours, giving advance notice of planned maintenance where practical. We do not offer a guaranteed uptime or service level unless one is agreed in writing.

Support is provided by email at writeme@fieldelite.com.

We maintain backups of the Service for disaster recovery. They are not a substitute for you exporting data you need to keep.

We implement appropriate technical and organisational measures to protect the Service and Customer Data, as described in the Data Processing Agreement, and will notify you without undue delay of any personal data breach affecting Customer Data.

We and our licensors own all rights in the Service. Apart from the right to use it under these terms, no rights are granted to you.

If you give us suggestions or feedback, we may use them freely without obligation to you.

Each party will keep the other's confidential information confidential and use it only to perform this contract, except where disclosure is required by law. This obligation continues for five years after the contract ends.

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded by law.

Subject to clause 10.1, neither party is liable for loss of profits, revenue, business or goodwill, or for any indirect or consequential loss.

Subject to clause 10.1, each party's total liability arising out of or in connection with this contract in any 12-month period is limited to the Subscription Charges paid and payable in the 12 months before the event giving rise to the claim. This limit does not apply to your obligation to pay charges.

Except as expressly stated in these terms, the Service is provided without any implied warranties or conditions, to the extent the law allows. We do not warrant that the Service will be uninterrupted or error-free.

This contract continues for as long as you have a Subscription. You can cancel at any time from your account settings or by emailing writeme@fieldelite.com, with effect from the end of the current billing term (and in any event within two months of your notice).

We may end the contract by giving 60 days' notice, or immediately by notice if you materially breach these terms and do not remedy the breach within 14 days of being asked to, or if you become insolvent.

If we end the contract other than for your breach, we will refund prepaid charges for the unused period.

Exporting your data and switching provider. In line with the EU Data Act (Regulation (EU) 2023/2854):

Clauses 5, 8, 9, 10, 11.4 and 13 continue after the contract ends.

Neither party is liable for failure or delay caused by events beyond its reasonable control (such as natural disasters, war, terrorism, government action, widespread internet or power failure, or failure of a third-party hosting provider that we could not reasonably have avoided). The affected party will notify the other and take reasonable steps to limit the impact. If the event continues for more than 30 days, either party may end the contract by notice.

Changes to these terms. We may update these terms by giving at least 30 days' notice by email. If a change materially disadvantages you, you may cancel before it takes effect and receive a pro rata refund of prepaid charges. Changes required by law may take effect sooner.

Notices. Notices to us must be sent to writeme@fieldelite.com, with a copy by post to 3015 Lake Drive, Citywest Business Campus, Dublin D24 DKP4, Ireland. Notices to you will be sent to your account administrator's email address.

Assignment. You may not transfer this contract without our consent. We may transfer it to a successor to our business on notice to you.

Entire agreement. These terms, the Data Processing Agreement and any order form are the entire agreement on their subject matter. Each party confirms it has not relied on any statement not set out in them, without limiting liability for fraud.

Severability and waiver. If any provision is unenforceable, the rest remains in force. Failing to enforce a right is not a waiver of it.

Third parties. No one other than the parties has any right to enforce these terms.

Law and courts. These terms are governed by the laws of Ireland and the courts of Ireland have exclusive jurisdiction.