Field OS SaaS Terms of Service and Software License

1. Agreement, customer, and authority

These Field OS SaaS Terms of Service and Software License (the “Terms”) apply to the Field OS websites, mobile applications, APIs, documentation, support, and related hosted services (collectively, the “Service”). “Clever Enterprise LLC,” “Field OS,” “we,” and “us” refer to Clever Enterprise LLC, the provider of the Service. “Customer” means the company or other legal entity that enrolls in, purchases, or is given access to the Service. “Authorized User” means an individual whom Customer permits to use its workspace.

The individual accepting these Terms represents that they are at least 18 years old and have authority to bind Customer. Customer is responsible for its Authorized Users and for their compliance with these Terms. A user who does not have that authority must not accept on behalf of an organization.

Customer accepts these Terms by clicking the acceptance checkbox, signing an order form that incorporates them, starting a trial, or accessing or using the Service after the Terms are presented. If a signed order form conflicts with these Terms, the order form controls only for that conflict.

2. Limited software license and right to use

Subject to payment of applicable fees and continued compliance with these Terms, Clever Enterprise LLC grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription or authorized trial term to access and use the Service solely for Customer’s internal field-sales and business operations.

Only active Authorized Users may use Customer’s workspace. No software is sold to Customer, and no source-code, ownership, or implied license is transferred.

3. Clever Enterprise LLC ownership

Clever Enterprise LLC and its licensors retain all right, title, and interest in the Service and its software, workflows, interfaces, design, documentation, databases, compilations, models, trademarks, service-generated technology, improvements, and derivative works. Customer Data and third-party materials are excluded from this ownership statement.

FIELD/OS, Field OS, the Field OS logos, and related branding may not be used without prior written permission, except to identify Customer’s authorized use of the Service.

4. Accounts and authorized access

• Customer must provide accurate account and billing information and keep it current.
• Credentials are personal to each Authorized User and may not be shared, transferred, or used by multiple people.
• An Authorized User may not enter or use another company’s workspace or account unless Clever Enterprise LLC and the affected company provide express written authorization.
• Customer must promptly deactivate departed personnel, protect devices and credentials, and notify Field OS support of suspected unauthorized access.
• Role, hierarchy, company, seat, and data-access restrictions must not be bypassed.

5. Acceptable use and platform restrictions

Customer and Authorized Users may use the Service only lawfully and in accordance with these Terms. Except where applicable law expressly prohibits a restriction, they may not:

• copy, modify, translate, reverse engineer, decompile, disassemble, discover source code, or create derivative works from the Service;
• sell, resell, rent, lease, sublicense, distribute, timeshare, white-label, commercially exploit, or provide the Service to a third party;
• scrape, crawl, harvest, mirror, bulk-download, or systematically extract Platform content, public-record compilations, third-party data, metadata, or another customer’s data;
• use automated extraction tools except documented Field OS APIs and export tools used to retrieve Customer’s own permitted Customer Data within its role and hierarchy;
• probe, scan, test, defeat, interfere with, overload, or circumvent authentication, authorization, rate limits, billing, security, monitoring, or company isolation;
• introduce malware or use the Service for fraud, harassment, unlawful discrimination, deceptive practices, infringement, or illegal communications;
• use Service data to determine eligibility for credit, insurance, employment, housing, or another purpose governed by consumer-reporting law; or
• remove ownership notices or falsely imply endorsement by Clever Enterprise LLC.

6. Customer Data, uploaded content, and exports

“Customer Data” means information submitted to the Service by or for Customer, including Customer-created property, contact, appointment, note, disposition, outcome, communication, and attachment records. As between the parties, Customer retains its rights in Customer Data.

Customer grants Clever Enterprise LLC and its service providers a non-exclusive, worldwide right to host, copy, transmit, display, format, back up, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, maintain, and improve the Service; comply with Customer’s instructions; prevent abuse; and meet legal obligations.

Customer may export Customer Data that it is authorized to access through Field OS export tools and documented APIs. Export rights do not extend to another company’s data, Field OS source code, nonpublic system data, proprietary compilations, or third-party data that Customer is not independently entitled to use.

Clever Enterprise LLC may create and use aggregated or de-identified analytics that cannot reasonably identify Customer or an individual to operate, secure, benchmark, and improve Field OS. Clever Enterprise LLC will not represent de-identified analytics as Customer’s identifiable data.

7. Customer responsibility for property and personal information

Customer—not Clever Enterprise LLC—is responsible for deciding what property, homeowner, occupant, prospect, employee, and other personal information its users collect or upload; establishing a lawful basis; delivering required notices; obtaining required permissions and consents; honoring opt-outs and do-not-contact requests; and ensuring that collection, access, use, disclosure, retention, export, and deletion comply with applicable law and Customer’s own policies.

Customer is responsible for its canvassing, calling, texting, email, appointment, recording, public-record, marketing, political, charitable, and field activities, including compliance with privacy, consumer-protection, trespass, licensing, telemarketing, Telephone Consumer Protection Act, CAN-SPAM, do-not-call, and state-specific requirements. Templates, workflow prompts, and contact buttons are tools, not legal advice or proof of consent.

Customer must not upload Social Security numbers, full payment-card data, financial-account credentials, health records, biometric identifiers, precise credit information, or other sensitive information that is unnecessary for the Service. Customer must restrict access to personal information to personnel with a legitimate business need.

To the fullest extent permitted by law, Customer bears responsibility for claims arising from Customer’s unlawful or unauthorized collection or use of Customer Data. Nothing in these Terms removes a legal duty imposed directly on Clever Enterprise LLC by applicable law.

8. Public records, external data, and third-party services

Field OS may display public records, parcel information, owner names, maps, utility information, weather and storm reports, solar estimates, directions, or links to services such as Zillow, Google, Mapbox, Stripe, calendar providers, communications providers, and CRMs. These sources may be incomplete, delayed, unavailable, or inaccurate and remain subject to their own terms.

Public storm records show reported weather near a property; they do not confirm that weather struck the property, that damage occurred, or that an event is an accepted insurance date of loss. Property-owner, utility, solar, map, and location results must be independently verified before they are used for a material decision.

Field OS is not a consumer reporting agency, insurer, engineering firm, law firm, property appraiser, or source of professional advice. Customer is responsible for determining whether it may lawfully access and use third-party or public information.

9. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. Customer Confidential Information includes Customer Data and nonpublic business information. Clever Enterprise LLC Confidential Information includes nonpublic Service technology, security information, pricing arrangements, roadmaps, and documentation.

The receiving party will use Confidential Information only to perform or exercise rights under the agreement, protect it with at least reasonable care, and disclose it only to personnel and service providers who need it and are bound by confidentiality obligations. These duties do not cover information that the receiving party can document was lawfully known without restriction, independently developed, publicly available without breach, or rightfully received from another source.

A party legally compelled to disclose Confidential Information will, where legally permitted, give prompt notice and reasonable assistance so the other party may seek protection.

10. Security, service operation, and changes

Clever Enterprise LLC uses reasonable administrative, technical, and organizational safeguards designed to protect the Service and company-scoped data. Customer acknowledges that no internet service is uninterrupted or completely secure and will maintain appropriate exports and continuity procedures for records it considers critical.

Clever Enterprise LLC may maintain, update, replace, or discontinue features, integrations, or third-party sources. We will use commercially reasonable efforts to avoid materially reducing core paid functionality during a current monthly term without notice. Beta, preview, and third-party features may change or end at any time.

11. Trials, fees, seats, payment, and renewal

• The standard subscription is $39 USD per active paid user per month. Field OS does not add a separate Stripe or card-processing surcharge. Government-imposed taxes may be collected where legally required.
• A valid credit or debit card is required for public company enrollment. The public trial lasts 15 days and does not create a subscription charge when it begins.
• Unless cancelled before the trial ends, the active company-administrator seat begins billing at $39 per month. Additional users are billed only when activated as paid seats.
• Activating a paid user increases subscription quantity and may create an immediate prorated charge for the remainder of the billing period. Deactivating a user removes access while the lower paid-seat quantity takes effect at the next renewal, as shown in Billing.
• Subscriptions renew automatically each month until cancelled. Customer authorizes Field OS and its payment processor to charge the saved payment method for recurring fees, approved seat changes, and legally required taxes.
• Charges are nonrefundable except where required by law or expressly stated in an order form. Complimentary and trial access may be granted, denied, or revoked only under Field OS authorization rules.
• Field OS may change future pricing with at least 30 days’ notice. A price change applies no earlier than the next renewal after that notice.

12. Suspension

Clever Enterprise LLC may suspend or limit access when reasonably necessary to address nonpayment, expired trials, misuse, suspected fraud, a security threat, unlawful activity, excessive technical risk, violation of these Terms, or a request from law enforcement or a third-party provider. Where practical and safe, we will give notice and an opportunity to cure.

Suspension does not waive payment obligations and does not transfer ownership of Customer Data. Eligible access may be restored after the underlying issue is resolved.

13. Term, cancellation, and termination

These Terms begin when accepted and continue while Customer has an account, active trial, or subscription. Customer may cancel from Billing; cancellation normally takes effect at the end of the current paid period shown there. Either party may terminate for a material breach not cured within 10 days after written notice. Clever Enterprise LLC may terminate immediately for serious security abuse, illegal use, or conduct that materially harms the Service or another person.

Before access ends, Customer should export the Customer Data it is authorized to retain. Following termination, data may be restricted, retained, de-identified, or deleted in accordance with the Privacy Notice, legal obligations, security needs, backup cycles, and Field OS retention procedures. Termination does not require Clever Enterprise LLC to delete records it must retain for billing, fraud prevention, security, dispute, or legal purposes.

Provisions concerning ownership, Customer Data responsibilities, confidentiality, accrued payment, disclaimers, liability, indemnification, disputes, and general terms survive termination to the extent their nature requires.

14. Feedback

If Customer or an Authorized User provides suggestions, ideas, corrections, or other feedback about Field OS, Clever Enterprise LLC may use, modify, commercialize, and incorporate that feedback without restriction, attribution, or compensation. Customer grants Clever Enterprise LLC a perpetual, irrevocable, worldwide, royalty-free right to do so. This does not transfer ownership of Customer Data or authorize identification of Customer in marketing.

15. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, PUBLIC RECORDS, THIRD-PARTY DATA, INTEGRATIONS, AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CLEVER ENTERPRISE LLC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

CLEVER ENTERPRISE LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; THAT DATA OR EXTERNAL SOURCES WILL BE ACCURATE OR CURRENT; OR THAT USE OF THE SERVICE WILL PRODUCE SALES, APPOINTMENTS, INSTALLATIONS, INSURANCE COVERAGE, OR ANY PARTICULAR BUSINESS RESULT.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

EXCEPT FOR CUSTOMER’S PAYMENT OBLIGATIONS, A PARTY’S FRAUD OR WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LEGALLY BE LIMITED, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE FEES CUSTOMER PAID OR OWED TO FIELD OS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These allocations apply to the extent permitted by law and are an essential basis of the agreement.

17. Indemnification

Customer will defend and indemnify Clever Enterprise LLC and its personnel from third-party claims, damages, penalties, costs, and reasonable attorneys’ fees arising from Customer Data; Customer’s field, sales, marketing, messaging, or public-record activities; Customer’s products or services; or Customer’s or an Authorized User’s unlawful conduct or material breach of these Terms.

Clever Enterprise LLC will defend Customer from a third-party claim that the unmodified paid Service directly infringes a United States patent, copyright, or trademark, and will pay finally awarded damages or approved settlements. Clever Enterprise LLC may modify or replace the affected feature or terminate it and refund prepaid unused fees. This obligation does not apply to Customer Data, third-party services, combinations not supplied by Clever Enterprise LLC, Customer modifications, or continued use after notice.

The indemnified party must promptly notify the indemnifying party, allow it to control the defense and settlement, and provide reasonable cooperation. A settlement may not admit fault by or impose a nonmonetary obligation on the indemnified party without written consent.

18. Disputes and governing law

Before filing a lawsuit, a party will send written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve the dispute for 30 days, unless emergency injunctive relief is reasonably required.

These Terms are governed by Florida law, without regard to conflict-of-law rules. Subject to applicable law, the state and federal courts located in Orange County, Florida have exclusive jurisdiction, and each party consents to venue there.

19. Updates to these Terms

Clever Enterprise LLC may update these Terms prospectively. We will post the updated version and effective date and provide reasonable notice of a material change through the Service or the Customer administrator’s email. We may require renewed electronic acceptance. Continued use after an updated version takes effect constitutes acceptance where permitted by law.

20. General terms

These Terms, the Privacy Notice, an applicable order form, and any incorporated written addendum are the entire agreement about the Service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver.

Customer may not assign the agreement without Clever Enterprise LLC’s written consent. Clever Enterprise LLC may assign it in connection with a merger, financing, reorganization, sale of assets, or affiliate transfer. Neither party is liable for delay caused by events beyond its reasonable control, except that payment obligations remain due.

The parties are independent contractors. These Terms do not create a partnership, franchise, fiduciary, employment, or agency relationship. Notices may be delivered by account email, in-app notice, or the support addresses designated by the parties.

Questions

Contact Field OS support at cleverenterprisellcfl@gmail.com.