Terms of Use

Fieldmobi (“Website” and[.] “Mobile Application” is an online platform owned, managed and operated by Fieldmobi Private Limited, a Company incorporated under the Companies Act 1956 or later and has a registered office at 351, 2nd Floor, Salarpuria Tower, 1 Hosur Road, Koramangala 7th Block, Bangalore, Karnataka - 560095. FieldMobi ("We", "Us", "Our") offers cloud-based software and applications for businesses ("Services") on subscription basis.
For the purpose of these terms and conditions, You or User refers to any natural or legal person, including but not limited to, a company, firm, sole, proprietorship or other association of individuals who visit, search or access the website and/or Mobile Application. This also includes the users registered to our service(s) including company, firm, sole proprietorship or other association of individuals, who visits, search, access the Website and/or Mobile Application. This shall be inclusive of “Registered User” which shall include all user(s) who are registered for our service(s).
On using or accessing the Website and/or Mobile Application, You hereby agree and acknowledge that You have read and agree to be bound by the terms and conditions provided herein as well as any other guidelines, policies, rules and additional terms referenced herein, collectively referred to as “Terms and Conditions”. These Terms of Use set out the legally binding terms with respect to Your access and use of Services through Our Website and/ or Mobile Application. We request You to please read these Terms of Use carefully. If You do not agree with any of these Terms of Use (including, referenced policies and guidelines), We encourage You to terminate Your use of the Website and/ or Mobile Application.

1. Eligibility

You hereby represent and warrant to Us that You are: (i) a legal/natural person; (ii) over the age of eighteen (18) years; (iii) capable of forming legally binding contracts under The Indian Contract Act, 1872 or any other law applicable to You; and (iv) this Term of Use is binding and enforceable against You. (v) If You are accepting this Terms of Service on behalf of an entity, You have the right and power to agree to all of the terms set forth herein on its behalf. (vi) You have read and agree to the conditions of Our Privacy Policy, which are posted on the Website and/or Mobile Application to abide by the terms of the said Privacy Policy.

2. User's Representations and Warranties

The following rules must be followed:

You must not use the website or mobile application for any illegal or unlawful purposes;
You must comply with all local, state, and federal laws and regulations;
You must not obstruct or interfere with another user's use or enjoyment of the website or mobile application;
You must not harass, abuse, or defame another user of the website or mobile application.
You must not alter any part of the website or mobile application, translate it, or reverse-engineer it;
We reserve the right to access, read, preserve, and disclose any information when we reasonably believe doing so is necessary to (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Use, including looking into possible violations of them; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) satisfy user support requests; or (v) protect the rights, property, or safety of other Users.

3. Registration

a) You need to sign up for a user account by providing all required information in order to access or use the Services. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. The Registered User can access and amend much of the information supplied on the Website and/or Mobile Application, or by writing to Us at contactus@fieldmobi.com.

b) If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Fieldmobi has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, it may not only terminate your user account and refuse current or future use of any or all of the Services but may also initiate legal proceeding against you. Additionally, The usage of official contact information (Email ID and Phone No.) by the User(s), if they are receiving the services as a perk of a business partnership, is necessary for improved service and record-keeping procedures.

4. Monitoring of the Website, Mobile Application and User Account

a) You acknowledge and accept that We have the right and liberty to monitor the content on the Website and/or Mobile Application at all times, including information, including Personal Data, supplied in Registered User accounts. Monitoring the Website and/or Mobile Application is necessary to assess the authenticity of the Personal Data given by Users and to guarantee that each User abides by the Terms of Use set forth herein. Subject to the terms and conditions set forth herein, We reserve the right, in Our sole discretion, to remove any objectionable content that violates the terms and conditions set forth herein, or to share such information with any governmental body in accordance with legal procedures for the time being in force in India.

You understand and agree that We shall also be entitled to investigate occurrences which may involve such contravention and take appropriate legal action that involves cooperation with law enforcement authorities in prosecuting Users who are involved in such contraventions.

b) Registered Users are responsible for preserving confidentiality in order to avoid unwanted access to their accounts. The Registered User undertakes to accept responsibility for all actions taken using their account or password. The Registered User shall take all necessary steps to keep their account password confidential and secure, and shall ensure that they exit from their account at the end of each session. The Registered User shall notify Us immediately if the Registered User has reason to believe that their password has become known to anyone else, or if the password is being, or is likely to be used, in an unauthorised manner.

c) The Registered Users hereby agree and confirm that Fieldmobi will not be held liable to the Registered Users for any loss or damage resulting from the Registered Users' failure to comply with any of the provisions set out above.

d) The Registered User must assure and guarantee that the information they supply to Us is true, correct, and complete. The Registered User shall also notify Us immediately if any of the information given at the time of registration changes. Registered Users understand and agree that any omission, misrepresentation, or concealment of any significant fact/detail/information provided on the Website and/or Mobile Application will be considered sufficient cause for legal action against the Registered User, including, but not limited to, account termination. The Registered User (as defined in Section 4 of this Agreement) can access and amend much of the information supplied on the Website and/or Mobile Application, or by writing to Us at contactus@fieldmobi.com.

5. Services

The Service Provider has informed and described the following services which are to be provided to the “User” in furtherance of this Agreement:

We offer cloud software and apps for organizations, as well as offline and mobile solutions ("Service" or "Services"). You may use the Services for commercial purposes or for internal business purposes inside the organisation you represent. You can access the Services using any Internet browser that the Services support. You are responsible for getting Internet connection and the equipment required to use the Services. With your user account, you can create and edit content, as well as publish and share it if you like.
Certain Services may be offered as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation. You accept that we have sole authority and discretion over the time frame for testing and evaluating Beta Services. We will be the sole arbiter of the success of such testing and, if applicable, the decision to provide the Beta Services as commercial services. As a result of your subscription to any Beta Service, you will be under no obligation to purchase a subscription to any premium Service.
We reserve the right to completely or partially stop any of the Beta Services at any time and from time to time, temporarily or permanently, with or without notice to you. You agree that Fieldmobi will not be liable to you or any third person for any harm caused by the modification, suspension, or discontinuation of any of the Beta Services for any reason.
If you sign up for a free trial, we will make the applicable Services available to you on a trial basis free of charge until the earlier of (i)I the end of the applicable Services' free trial period (unless terminated earlier by you), (ii) the start date of the applicable Services' paid subscription period, or (iii) termination by Fieldmobi in its sole discretion.
In addition to all other terms and conditions of this Agreement, you agree not to: (i) transfer or otherwise make the Services available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by reassigning the user license to a new user; or (iv) attempt to disassemble, reverse engineer, or decompile the Services;. (vi) post links to third-party websites or use their logo, company name, or other identifying information without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any way that could damage, disable, overburden, impair, or harm any Fieldmobi server, network, computer system, or resource; (ix) use the Services to send or store material containing software viruses, worms, or other harmful computer code; (x) use the Services in any way that compromises or interrupts the integrity, security, or performance of the Services, its components, or the data stored within; (xi) make up a fictitious identity in order to mislead anyone about the identity or origin of any communication; (xii) host, display, upload, change, publish, transmit, store, update, or share any material that belongs to another person or entity and over which you have no right, including personal or private information of any person or entity over which you do not have approval or permission
We integrate with many third party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Fieldmobi is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Fieldmobi may, at any time and in its sole discretion, and without any notice to you, suspend, restrict or disable access to or remove Fieldmobi’s Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.
While we will try to give you advance notice whenever possible, you acknowledge and agree that Fieldmobi may, at any time and in our sole discretion, suspend, restrict, or disable access to, or remove from Fieldmobi, any Third Party Application, without liability to you, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses.
You are responsible for (i) maintaining the confidentiality of your organization account password, (ii) designating competent personnel to manage your organization account, and (iii) ensuring that all activities associated with your organization account comply with this Agreement. You acknowledge that Fieldmobi is not responsible for your account administration or internal management of the Services.
We have the right to deactivate unpaid user accounts that have been inactive for 120 days in a row. If a user account is terminated, all data linked with that user account is destroyed. We will give you advance notice of any such termination and the ability to back up your data. Accounts with more than one user will not be marked inactive if at least one of the users is active.

6. Personal Data

6.1 For complete and proper usage of the Website and/ or Mobile Application, the Users while seeking any additional information or while registering on the Website and/ or Mobile Application shall provide certain details and information including their Personal Data, which the Registered User agrees and confirms, shall be true and accurate.

6.2 Any Personal Data collected by the Website and/ or Mobile Application shall not be disclosed to any third party unless such a disclosure is authorized by law, or the Registered User has consented to such a disclosure. However, We have an unconditional right to share the Registered User’s Personal Data with the Website and/ or Mobile Application partners, affiliates, employees and agents. For more details on the Website and/ or Mobile Applications’ policies regarding Personal Data please refer to the “Privacy Policy”.

7. Payment

User(s) shall in case of enrolling for Services shall be needed to make payment of the "fees" after successful "registration" and choose a "Paid Plan". The Service(s) indicated in Section 5 of this Agreement referred to as “Plan” will be available only after the "User" receives payment.

User(s) shall be entitled to consume Service(s) provided by the Service Provider in “Free Plan” after successful completion of “registration”.

If there is no written communication from the User(s) before 7 day(s) of the "Paid Plan's" expiry, the "Plan" will be deemed renewed.

The Service Provider reserves the right to amend the pricing applicable to the “Paid plan”, which shall be announced to the User(s) via Official communication, and the User(s) may cancel the Subscription Plan prior to renewal, but this right is relinquished after renewal.

All the “fees” mentioned on the website are exclusive of taxes applicable and the Service Provider shall provide the User(s) with an Invoice of the “fees” with all tax collected mentioned.

8. Refunds

a) The User(s) agrees and acknowledges that any payment made towards “fees” shall be non refundable and would be adjusted towards the following month’s “fees”.

b) All refunds shall be processed by us within 7 business days and the Service Provider shall not be liable for any delay or damage caused by “Payment Partner”.

9. Payment Partner

The payment partner for all monetary transactions shall be Stripe ("Payment Partner"). You and all other users of the Website and/or Mobile Application are also subject to, but not limited to, the Payment Partner's terms of use/terms and conditions.

10. Modification of Terms of Use

You understand and agree that We reserve the right, at our sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website and/ or Mobile Application and its Services (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict User’s access to parts, or the entire Website and/ or Mobile Application, without notice or liability. You agree to review the Terms of Use periodically so that You are aware of any such modifications and We shall not be liable for any loss suffered by You on account of such changes or Your failure to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website and/ or Mobile Application or Service implemented after Your initial access of Website and/ or Mobile Application or use of the Service shall be subject to these Terms of Use. Your continued use of the Website and/ or Mobile Application constitutes Your acceptance of these Terms of Use and any changes/modifications made to them thereafter.

11. Intellectual Property Rights

All intellectual property rights for our website and the content published on it are owned by Fieldmobi or licensed to Fieldmobi. These works are protected by copyright laws and agreements worldwide, and all rights are reserved. The Registered User may not modify any paper or digital copies of materials printed or downloaded, nor use any images, sounds, videos, or other visuals without the accompanying text.

12. Indemnity

You agree to indemnify and hold harmless Fieldmobi, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Fieldmobi

We reserve the right, at the Registered User's expense, to assume exclusive defense and control of any matter for which the Registered User is required to indemnify us, including the right to settle, and the Registered User agrees to cooperate in the defense and settlement of such claims. We will make reasonable efforts to notify the Registered User of any claim, action, or proceeding brought by a third party that falls under the above indemnification upon becoming aware of it.

13. Severability

If any provision of these Terms of Use, or any portion thereof, is found to be invalid, illegal, or unenforceable under applicable law, such defect shall not invalidate the other provisions of the Terms of Use, and the remainder of the Terms of Use shall remain legal, valid, effective, and binding on all Users.

14. License and Site Access

All material, content or logos, marks, software on or part of the Website and/ or Mobile Application and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, are owned by Us or Our licensors. You acknowledge that the Website and/ or Mobile Application and any underlying technology or software on the Website and/ or Mobile Application used in connection with rendering the Services are proprietary information owned or duly licensed to Us, except where it is indicated otherwise. You understand and agree that We grant Users a limited license to access and make personal use of the Website and/ or Mobile Application, but not to download (other than page caching) or modify it, or any portion of it, except with Our prior written consent. This license does not include any resale or commercial use of this Website and/ or Mobile Application or its contents; any downloading or copying of account information for the benefit of anyone other than You; or any use of data mining, robots, or similar data gathering and extraction tools. This Website and/ or Mobile Application or any portion of this Website and/ or Mobile Application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and / or Our affiliates, as may be applicable. Any unauthorized use of the Website and/ or Mobile Application shall terminate the permission or the right granted by Us.

15. Disclaimer of Warranties

You acknowledge and accept that We make no representation or promise that:

the Services will meet the Users' requirements;
the Services will be uninterrupted, timely, secure, or error-free;
the results obtained from the Services will be accurate or reliable;
the quality of any services, information, or other material obtained by a User through the Services will meet the Users' expectations; or
any technological errors will be corrected.

16. Term and Termination

a) These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website and/ or Mobile Application by the Users.

b) For Registered Users the Terms of Use shall commence from the date of registration of such Registered Users and shall be valid till such time the account is not deleted by such Registered Users , unless terminated earlier by Us in accordance with these Terms of Use;

c) We may terminate Your access to Our Website and/ or Mobile Application or all or any part of the Services offered, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your registered account. If You wish to terminate Your Account, You may do so by following the instructions on the Website and/ or Mobile Application. Any fees paid on the Website and/ or Mobile Application by any Registered User are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation to, warranty disclaimers, indemnity and limitations of liability.

17. Arbitration

If a dispute arises between You and Us during or after Your use of Our Services, including the validity, interpretation, implementation, or alleged breach of any provision of the Terms of Use, the dispute will be referred to a sole Arbitrator who will be an independent and neutral third party identified by Us. The arbitration will take place in Bangalore, and the procedures will be regulated by The Arbitration & Conciliation Act, 1996. The arbitration proceedings will be conducted in English. The arbitral tribunal has the authority to award temporary remedies. Any application under Section 9, Section 11, or other provisions of the Arbitration and Conciliation Act 1996 will be decided only by the courts of Bangalore, Karnataka.

18. Assignability

In its sole discretion, the Website and/or Mobile Application may transfer any of its duties or obligations to any other Person without providing prior notice to the User. However, unless We agree in writing, You may not assign, sublicense, or otherwise transfer any of Your rights under these Terms of Use to any other person.

19. Limitation of Liability

Regardless of anything contained herein to the contrary, neither We nor Our affiliated companies, subsidiaries, officers, directors, employees, or any other related party shall be liable to the User(s) or any third party for any direct, indirect, incidental, special, or consequential damages, or any loss of revenue or profits, arising or resulting from the use or inability to use the Services and/or any other matter relating to the Services. To the greatest extent permitted by law, the User waives, releases, discharges, and holds Fieldmobi, Our affiliated and subsidiary companies, and each of Our directors, officers, employees, and agents, harmless from any and all claims, losses, damages, liabilities, expenses, and causes of action arising from the User's use of the Website and/or Mobile Application

20. Applicable Laws

Your use of the Website and/ or Mobile Application and the Terms of Use are subject to the laws of India.

21. Force Majeure

We are not liable for any failure to perform any of our obligations if such failure occurs as a result of an Act of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike.

You hereby agree and accept that these “Terms of Use” along with “Privacy Policy” of the Website and/ or Mobile Application constitute a binding agreement between You and Us, and is automatically accepted by You upon checking this tick box and your continued use of the Website and/ or Mobile Application.