Terms of Service

These Terms of Service ("Terms") are a contract between you and Intellimark Group LLC, a Georgia limited liability company doing business as FieldNotch ("FieldNotch," "we," "us," or "our"). They govern your use of our website at fieldnotch.com, our web application, our mobile apps for iOS and Android, our APIs, and any related services (together, the "Service").

By creating an account, accessing the Service, or clicking "I agree," you accept these Terms. If you're using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

1. The agreement

These Terms, together with our Privacy Policy, any order forms you sign, and any additional terms we may post for specific features, make up the entire agreement between you and FieldNotch. If there's a conflict between these Terms and a signed order form, the order form controls for the conflicting provisions.

2. The Service

FieldNotch is an operations platform for subcontractor businesses. It includes work order intake (including AI extraction from vendor PDFs), crew scheduling, time tracking, payroll calculations, invoice generation, photo documentation, and QuickBooks integration, along with mobile apps for workers.

We may add, change, or remove features at any time. We will give reasonable advance notice for any change that materially reduces functionality you actively use. We aim to maintain at least 99.5% uptime on a monthly basis, excluding scheduled maintenance, but we don't guarantee uninterrupted access.

3. Your account

3.1 Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Service. The Service is intended for business use only — not for personal, family, or household purposes.

3.2 Registration

You agree to provide accurate, current, and complete information when you sign up, and to keep it up to date. You are responsible for keeping your password secure, for all activity that happens under your account, and for any users you invite (employees, dispatchers, workers, contractors). Notify us immediately at security@fieldnotch.com if you suspect unauthorized access.

3.3 Worker and crew accounts

You may invite workers, dispatchers, and other staff to access the Service under your account. You are responsible for ensuring those users comply with these Terms. Workers using our mobile apps under your account are also bound by these Terms with respect to their use of the apps.

4. Subscription, billing, and refunds

4.1 Plans and fees

Current plans and pricing are listed at fieldnotch.com/#pricing. We may change prices with at least 30 days' notice for existing subscribers — the new price applies to your next billing cycle.

4.2 Billing

Subscriptions are billed monthly in advance (or annually if you've selected annual billing). We use Stripe to process payments — by providing payment information, you authorize Stripe to charge the payment method on file for all fees, taxes, and applicable charges. If a charge fails, we may suspend access until payment is current.

4.3 Refunds

We do not offer refunds for partial billing periods. If you cancel, your subscription remains active through the end of the current billing period; you will not be charged for the next period.

If you believe you've been billed in error, contact billing@fieldnotch.com within 30 days of the charge and we will investigate in good faith.

4.4 Taxes

Listed prices do not include taxes. You are responsible for any sales, use, or similar taxes applicable to your subscription, except for taxes on our net income.

5. Free trial

We offer a 14-day free trial on all monthly plans. No credit card is required to start. If you do not provide payment information by the end of the trial, your account moves to a read-only state — you can export your data but cannot create new work orders or run payroll until you select a plan.

Trial accounts are subject to the same Terms as paid accounts, except for billing provisions.

6. Your data and content

6.1 Ownership

You retain all rights to the content you upload or create in the Service ("Your Content"), including work orders, employee records, invoices, photos, and notes. We do not claim ownership of Your Content.

6.2 License to us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely as needed to provide the Service to you. This license ends when you delete Your Content or your account, subject to the retention periods in our Privacy Policy.

6.3 We do not train AI models on Your Content

We do not use Your Content — including work orders, customer information, employee records, photos, or any other business data — to train artificial intelligence models, ours or anyone else's. Our AI sub-processors (e.g., Groq) are contractually prohibited from training on Your Content.

6.4 Backups and export

We maintain regular backups of customer data as part of our standard operations. You can export Your Content at any time from your account settings in CSV, PDF, or JSON formats. Export is also available for 30 days after account cancellation.

7. Acceptable use

You agree not to:

• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Upload content that infringes on third-party rights (copyright, trademark, privacy, etc.)
• Upload malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or any FieldNotch systems
• Reverse-engineer, decompile, or attempt to extract source code from the Service, except to the extent expressly permitted by law
• Use the Service to send spam, unsolicited messages, or harassing communications
• Scrape, crawl, or use automated tools to extract data from the Service (except via our official API)
• Resell, sublicense, or white-label the Service without our written permission
• Use the Service to compete with us — including to build a competing product or train competitive AI
• Bypass usage limits, rate limits, or technical restrictions

We may suspend or terminate accounts that violate this section. For serious or repeated violations, we may do so without prior notice.

8. AI features and accuracy

The Service includes AI-powered features such as work order PDF extraction. These features use large language models and other machine learning systems that can produce inaccurate, incomplete, or unexpected results.

You are responsible for reviewing AI-generated output before relying on it. FieldNotch is not liable for any consequences resulting from your reliance on AI-extracted information that you did not verify, including but not limited to incorrect addresses, miscalculated payouts, missed deadlines, or inaccurate financial figures.

AI features may be temporarily unavailable due to issues with our AI providers. We will use reasonable efforts to restore them but make no guarantees about specific availability or accuracy levels.

9. Third-party services and integrations

The Service integrates with third-party services, including Stripe (payments), Groq (AI extraction), Intuit QuickBooks Online (accounting sync), Twilio (SMS), and others listed in our Privacy Policy. Your use of those services is governed by their own terms and privacy policies — we are not responsible for their actions or availability.

When you enable a third-party integration (e.g., QuickBooks), you authorize us to exchange data with that service on your behalf, subject to the permissions you grant.

10. Intellectual property

The Service, including all software, design, branding, logos, content (excluding Your Content), and the FieldNotch name and trademarks, is owned by Intellimark Group LLC or our licensors and is protected by US and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted, expressly or by implication.

If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, royalty-free license to use them without restriction or compensation.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Specifically, and without limiting the foregoing, FieldNotch is not a substitute for professional advice. We are not your accountant, lawyer, tax preparer, payroll service, or HR advisor. Payroll calculations performed by the Service are tools to assist you — you remain responsible for tax compliance, wage law compliance (including overtime, minimum wage, prevailing wage, and contractor classification), and the accuracy of all filings.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) IN NO EVENT WILL FIELDNOTCH OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) FIELDNOTCH'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100).

These limitations apply regardless of the legal theory (contract, tort, statute, or otherwise) and survive termination of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless FieldNotch, its affiliates, and its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service in violation of these Terms or applicable law
• Your Content, including any claim that it infringes third-party rights
• Your dispute with any third party (vendor, worker, customer, contractor)
• Your failure to comply with wage, tax, labor, or employment laws

We will give you prompt notice of any claim subject to indemnification and reasonable cooperation in defending it. You may not settle any claim without our prior written consent if the settlement imposes any obligation on us.

14. Termination

14.1 Termination by you

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period; you remain responsible for fees through that date.

14.2 Termination by us

We may suspend or terminate your account immediately if:

• You materially breach these Terms and do not cure the breach within 14 days of notice (or immediately if the breach cannot be cured)
• You fail to pay fees when due, and the failure continues for 14 days after notice
• We're required to do so by law or court order
• Your use of the Service poses a security risk to us or others

We may also terminate without cause with 30 days' notice; in that case, we will refund any prepaid fees for the unused portion of your subscription.

14.3 Effect of termination

Upon termination, your right to use the Service ends. For 30 days after termination, you may export Your Content from a read-only version of your account. After that, we will delete Your Content from our production systems, subject to retention periods described in our Privacy Policy.

Sections that by their nature should survive termination — including ownership, disclaimers, liability limits, indemnification, and governing law — will continue to apply.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (to the address on your account) and post a notice in the Service at least 30 days before the changes take effect. Non-material changes (typo fixes, clarifications, updates to non-binding sections) may take effect immediately upon posting.

If you continue to use the Service after the effective date of changes, you accept the updated Terms. If you don't agree to the changes, you may cancel your subscription before they take effect.

16. Governing law and disputes

16.1 Governing law

These Terms are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal resolution

Before filing a claim, you agree to attempt to resolve any dispute by contacting us at legal@fieldnotch.com with a description of the issue. We will work in good faith to resolve it within 60 days.

16.3 Binding arbitration

If informal resolution fails, you and FieldNotch agree to resolve any remaining dispute through final, binding, individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Atlanta, Georgia (or remotely, by agreement), be conducted in English, and be decided by a single arbitrator.

Each party will bear its own costs, except where the arbitrator awards otherwise. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

16.4 Class-action waiver

You agree that any arbitration or court proceeding will be conducted only on an individual basis and not as a class action, collective action, or representative action. The arbitrator may not consolidate claims from different users.

16.5 Exceptions

Either party may bring claims in small-claims court (so long as the claims qualify and are brought individually). Either party may also seek injunctive or equitable relief in court for intellectual property infringement or breaches of confidentiality.

16.6 Opt-out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@fieldnotch.com with the subject line "Arbitration Opt-Out" and your account email. Opt-out does not affect any other provision of these Terms.

17. General provisions

17.1 Entire agreement

These Terms, together with the documents referenced in Section 1, are the entire agreement between you and FieldNotch and supersede all prior or contemporaneous communications.

17.2 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

17.3 No waiver

Our failure to enforce any provision is not a waiver of our right to enforce it later.

17.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full effect.

17.5 Force majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, acts of war, government action, internet outages, etc.).

17.6 Notices

We may send you notices by email (to the address on your account), through the Service, or by posting on our website. You must send legal notices to us at the address in Section 18.

17.7 Independent contractors

The relationship between you and FieldNotch is that of independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

18. Contact

Questions about these Terms? Want to send a legal notice?

• Email: legal@fieldnotch.com
• General contact: hello@fieldnotch.com
• Mailing address: Intellimark Group LLC (FieldNotch — Attn: Legal), 1726 Grand Oaks Dr, Woodstock, GA 30188, United States