These Terms of Service ("Terms") govern your access to and use of the Field Ascend field service management software and related services (the "Service") provided by Field Ascend Ltd ("Field Ascend", "we", "our", or "us").
These Terms apply only to business customers. "Customer", "you" and "your" mean the legal entity, sole proprietor or other business acquiring or using the Service. A person accepting these Terms on behalf of a Customer warrants that they have authority to bind that Customer. By signing up, accepting an Order or using the Service, Customer agrees to the Agreement. If Customer does not agree, it must not use the Service.
To use the Service, you must:
You are responsible for your Authorized Users, their permissions and their use of Customer-controlled credentials, except to the extent unauthorized activity was directly caused by Field Ascend's breach of the Agreement. You must promptly disable users and devices that should no longer have access and notify us of suspected compromise.
We offer a 30-day free trial that requires a valid credit card. After the trial period, your Account will automatically be charged for the Pro Plan unless you cancel before the trial ends.
Our Pro Plan is priced at $13 per active user per month, excluding tax, billed monthly, with a minimum of 3 users ($39 per month). For billing purposes, every person with an active login counts as one user - whether that login is used by an administrator, office-based user, or field technician. For example, one administrator plus three technicians is four users ($52 per month). Applicable taxes will be added where required by law. Pricing is subject to change with 30 days' notice.
Fees do not include applicable taxes. You are responsible for all taxes, duties, and levies in connection with your use of the Service.
Where the SMS feature is enabled, the Service sends text messages using prepaid SMS credits. SMS credits are purchased in advance, are consumable, and are non-refundable except as required by law. Credits have no cash value and do not expire while the Account remains active. If the Account is suspended, unused credits are frozen and become available again on reinstatement; unused credits are forfeited only when the Account is closed or terminated.
One credit covers one standard message segment of up to 160 GSM-7 characters. Longer messages, or messages containing non-standard (Unicode) characters such as emoji, are split into multiple segments and consume multiple credits per message. The template editor indicates the estimated segment and credit cost before a message is saved or sent.
The SMS feature is provided for transactional and operational messages only - for example appointment, job, quote, invoice and service notifications to Customer's own customers and contacts. Marketing, promotional, solicitation and advertising messages are not permitted through the SMS feature.
Customer is solely responsible for compliance with all laws and industry requirements applicable to the text messages it sends, including the Telephone Consumer Protection Act (TCPA) and its implementing regulations, the Telemarketing Sales Rule, state telemarketing and text-messaging statutes (including, where applicable, the Florida Telephone Solicitation Act and similar state laws), CTIA Messaging Principles and Best Practices, and carrier and messaging-ecosystem requirements including A2P 10DLC brand and campaign registration. Customer warrants that, for every recipient, it has obtained - and can evidence - the level of consent required by applicable law before a message is sent, and that it will promptly honor any opt-out or revocation of consent however received.
The Service processes standard opt-out keywords (including STOP) and suppresses further messages to opted-out recipients. Customer must not attempt to circumvent opt-out suppression. Customer must provide accurate and complete information reasonably required for messaging registration, and acknowledges that message delivery may be delayed, filtered or blocked by carriers, or unavailable until registration is approved, and that delivery is not guaranteed. The sender identity associated with Customer's messages must accurately identify Customer, must not be misleading, and must not impersonate another party.
Field Ascend may suspend or withdraw SMS functionality, without refund of consumed credits, where it reasonably suspects misuse, abuse, unlawful content, a violation of this Section 3.5, or a risk to message deliverability or to Field Ascend's sender reputation or carrier relationships. Claims arising from messages sent at Customer's direction without required consent, or otherwise in violation of applicable law, fall within Customer's indemnification obligations under Section 10.
You agree to use the Service only for lawful purposes. You must not:
Customer and its users must not attempt to gain unauthorized access, circumvent access controls, interfere with the Service, introduce malicious code, conduct denial-of-service activity, use stolen or fraudulent credentials, access another customer's data or obtain competitive intelligence through false pretenses or other unlawful means. Any such conduct is a material breach.
Security testing, penetration testing, vulnerability scanning, social engineering and similar activity require Field Ascend's prior written approval and agreed rules of engagement. Security researchers should contact security@field-ascend.com before testing.
Where permitted by law, Field Ascend may use proportionate monitoring and rate limits, preserve available evidence, suspend or block access, notify affected parties or authorities and pursue contractual or legal remedies. Monitoring and evidence preservation are risk-based and are not represented as comprehensive or immutable. Nothing in this Section promises that Field Ascend will commence a prosecution, obtain a particular remedy or disclose information to unrelated third parties.
As between the parties, Customer retains its rights in Customer Data. Customer grants Field Ascend a non-exclusive license, for the Subscription term and limited return or deletion period, to host, copy, format, transmit, display and otherwise process Customer Data only as reasonably required to provide, secure and support the Service, comply with Customer's documented instructions and meet applicable legal obligations. We may permit authorized subprocessors to exercise that license only for those purposes.
Field Ascend may use irreversibly deidentified and aggregated statistics that no longer identify an individual or reveal Customer's confidential information. Customer Data is not licensed to Field Ascend for unrelated marketing or general-purpose AI model training.
For Customer Personal Information, Customer determines the processing purposes and Field Ascend acts as its processor, service provider, contractor or subprocessor, as applicable. Field Ascend independently determines the purposes of its own account-contact, subscription-billing, fraud-prevention, corporate-security, legal-compliance and permitted marketing records.
The Field Ascend Data Processing Agreement (DPA), currently version 1.2, is expressly incorporated into the Agreement by reference and governs the processing of Customer Personal Information from the moment the Account is created. A copy of the current DPA is available to Customers on request from privacy@field-ascend.com, and Field Ascend will provide a countersigned execution copy promptly on request. The DPA prevails over these Terms in respect of the processing of Customer Personal Information; where the parties separately execute a DPA, the executed version prevails over the incorporated version. These Terms do not reduce either party's mandatory privacy obligations.
Customer warrants on a continuing basis that:
Unless Field Ascend expressly agrees in a signed Order and any required business associate or sector-specific agreement, Customer must not use the Service to process data subject to HIPAA, GLBA, FERPA, COPPA or another regime that imposes contractual requirements beyond the Agreement, and must not place payment-card authentication data in free-text fields or uploads.
Customer remains responsible for the accuracy and operational use of Customer Data, decisions made from it and copies under Customer's control. These responsibilities do not excuse Field Ascend from its own obligations.
Customer is responsible for responding to requests and complaints relating to Customer Personal Information. If Field Ascend receives a request clearly relating to Customer Personal Information, we may refer it to Customer and will provide assistance required by the DPA. Field Ascend remains responsible for requests concerning personal information it uses for its own business purposes.
Customer is responsible for its users, permissions, authentication choices, supported devices, locally cached data, exports and Third-Party Service credentials. Customer must promptly notify Field Ascend of suspected unauthorized access or compromised credentials.
Website cookies, analytics, advertising measurement and Field Ascend's own privacy practices are explained in our Privacy Policy.
The Service, including all software, text, graphics, logos, and trademarks, is owned by Field Ascend and protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for your internal business purposes, subject to these Terms.
"Feedback" means any ideas, suggestions, feature requests, enhancement requests, recommendations, bug reports containing suggestions, wishlist submissions, roadmap votes, or other feedback or proposals relating to the Service that you or your Users provide to us through any channel, including but not limited to email, support tickets, in-app feedback tools, telephone calls, meetings, surveys, online forums, social media, or any other form of communication.
By submitting Feedback, you irrevocably assign to Field Ascend all right, title, and interest (including all intellectual property rights) in and to the Feedback worldwide, in perpetuity, and without compensation. To the extent that any such assignment is not permitted by applicable law, you grant Field Ascend an exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit the Feedback in any manner and for any purpose.
You acknowledge and agree that:
To the extent permitted by applicable law (including, where applicable, the Visual Artists Rights Act, 17 U.S.C. § 106A, and equivalent laws of other jurisdictions), you irrevocably and unconditionally waive all moral rights you may have in any Feedback, including the right to be identified as author and the right to object to derogatory treatment of the work.
You represent and warrant that you have all rights necessary to submit the Feedback and to grant the rights described in this section, and that your Feedback does not infringe the intellectual property rights of any third party.
Personal information and Customer confidential information included in Feedback remain governed by the DPA, Section 7 and applicable law. The Feedback license does not authorize Field Ascend to publish personal information or reuse Customer Data for an unrelated purpose.
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the relationship. This obligation survives termination of these Terms. For the avoidance of doubt, Feedback (as defined in Section 6.3) is expressly excluded from confidential information and the obligations of this Section do not apply to Feedback.
No uptime, recovery-time, recovery-point, support-response or advance-maintenance-notice commitment applies unless expressly stated in an Order or separate signed service-level agreement. The Service may be unavailable because of maintenance, incidents, Third-Party Services, network conditions or other causes.
Except for express terms and rights that cannot lawfully be excluded, the Service is supplied on an "AS IS" and "AS AVAILABLE" basis. Field Ascend does not warrant uninterrupted operation, error-free output, compatibility with every device or Third-Party Service, or that the Service will meet every Customer requirement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELD ASCEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Field Ascend may use selected, risk-based monitoring, logging, rate limits and access controls to operate and protect the Service. Audit coverage varies by feature and risk and is not a comprehensive, immutable or real-time record of every user action, data read or change.
The Lone Working and safety monitoring features within the Service (including but not limited to activity tracking, panic alerts, siren alerts, check-in prompts, GPS location sharing, and inactivity detection) are provided as supplementary monitoring tools only. They are NOT a substitute for, and must NOT be relied upon as, a standalone safety system, a certified lone worker protection service, or the primary means of ensuring the safety of any person.
The Lone Working features are NOT certified under any national or international standard for lone worker safety devices or monitoring services, including but not limited to UL, ANSI, or OSHA standards. The Service is NOT a personal safety device, a monitoring center, or an emergency response service. It does NOT connect to, or substitute for, the emergency services (911).
You acknowledge and agree that:
The Lone Working features depend on factors outside our control, including but not limited to:
We do NOT guarantee that any alert, notification, location update, or status change will be delivered, received, or displayed within any particular timeframe, or at all.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELD ASCEND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, DEATH, DAMAGE, OR CLAIM ARISING FROM OR IN CONNECTION WITH:
NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Use of the Lone Working features requires explicit acceptance of this Section 8A. By enabling or using the Lone Working features, you confirm that you have read, understood, and agreed to these terms, and that you have communicated the limitations described herein to all relevant persons within your organization.
The mobile application component of the Service operates on an offline-first architecture. Data is stored locally on the device and synchronized with our servers when a network connection is available. You acknowledge that:
Voice dictation currently performs speech recognition on the technician's device. Audio is not transmitted by that workflow to Field Ascend or an AI provider. Transcribed text is placed into the relevant note field for review.
If Customer enables AI enhancement, transcribed text - not audio - may be sent over an encrypted connection to our AI processing provider for grammar, punctuation and spelling processing. The raw text and enhanced output are stored with relevant account, technician, job, section and timestamp metadata. These audit records are ordinarily retained in active systems for up to 180 days and are not a permanent Customer archive.
Customer instructs this processing by enabling and using the feature. Customer is responsible for its legal authority, notices, permitted content, permissions and review procedures. It must not submit content that it is not authorized to disclose to an AI subprocessor.
AI-enhanced text is a drafting aid and may contain omissions, wording changes or factual errors. Every enhanced note must be reviewed before saving, external disclosure or reliance and must not be treated as authoritative until approved by an appropriate human. Customer is responsible for loss to the extent directly caused by its failure to perform that review or its use of output contrary to the Agreement.
When Customer intentionally uses an in-platform AI feature, prompts, selected Customer Data or operational context and generated output may be sent to a configured AI processing provider. In-platform AI conversation content is ordinarily retained by Field Ascend in active systems for approximately 90 days.
When Customer connects an external AI assistant, MCP client, API client or other Third-Party Service, Customer instructs Field Ascend to permit the actions available within the authorized scopes and then-available capabilities. Connector functionality is not necessarily read-only. Conversations retained by the external service are governed by that provider's terms; Field Ascend may process connector requests, responses and selected security or audit events.
AI output may be inaccurate, incomplete or unsuitable. Customer must provide appropriate human review and must not use output as the sole basis for a legally or similarly significant decision unless that use is lawful and all required safeguards are in place. Field Ascend does not use Customer Personal Information to train a general-purpose AI model. Appointment or replacement of an AI subprocessor is governed by the DPA.
The Service includes features for recording and administering health-and-safety, competency and compliance activity, including toolbox talks, safety alerts, safety moments and briefings; risk assessments and method statements (RAMS); training, qualification, certification and credential records with issue, renewal and expiration tracking; vehicle, tool and equipment checks; planned, preventive and statutory maintenance scheduling; refrigerant and F-Gas logs; and the generation of certificates, checksheets and compliance documents. These features are administrative record-keeping and workflow tools only. They do not constitute health-and-safety, legal, engineering, technical or other professional advice, they do not certify, verify, inspect or approve anything, and they are not a substitute for competent advice, for Customer's own safety management system, or for Customer's own supervision, inspection and testing.
You acknowledge and agree that:
Where the Service records that a person has viewed, acknowledged, signed off or completed a toolbox talk, RAMS document, training item, check or checksheet, that record evidences only the interaction captured by the Service against the credentials used. It is not evidence that the person read or understood the material, that the person was competent or authorized to perform the work, that any briefing was actually delivered, that any check, inspection or test was actually carried out, or that the underlying activity was performed correctly, safely or lawfully. You are responsible for verifying identity, attendance, understanding and competence by your own means.
Renewal reminders, expiration dates, due dates, overdue flags, compliance percentages, dashboards and similar indicators are calculated from data and settings supplied by Customer or its Authorized Users, are provided on a best-effort basis, and are subject to the delivery, connectivity, synchronization and notification limitations described in Sections 8A.4 and 8B. Where the Service derives a date automatically, for example by applying a validity period to an issue or completion date, that calculation is a convenience and may not reflect the actual expiration, renewal or inspection date that applies. We do not guarantee that any reminder or alert will be generated, delivered, received or displayed at any particular time or at all, and the absence of a reminder, warning, overdue flag or alert must never be treated as confirmation that a record is valid, current, complete or compliant. You must maintain your own independent means of tracking safety-critical and statutory dates and obligations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELD ASCEND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, DEATH, DAMAGE, FINE, PENALTY, ENFORCEMENT ACTION, PROSECUTION, LOSS OF LICENSE OR ACCREDITATION, FAILED AUDIT OR CLAIM ARISING FROM OR IN CONNECTION WITH:
NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Where the Service collects, displays or stores location information from an Authorized User's mobile device (including maps, live location, historical pings, routes, breadcrumbs, audit points and related workforce monitoring displays), those features are provided on a best-effort basis only. They rely on consumer mobile phones and the device operating system. They are not a dedicated vehicle tracker, fleet telematics system, certified tracking device, or continuous journey recorder, and must not be marketed, described or relied upon as such.
Field Ascend does not guarantee continuous, complete, accurate or real-time location history. Location capture may be interrupted, delayed, thinned, inaccurate or absent because of factors outside our control, including without limitation:
Gaps, missing segments, sparse breadcrumbs or inaccurate points are an expected characteristic of phone-based location, not evidence that the Service has failed.
Where practicable, the Service prioritizes location capture at selected operational moments (for example when timing or status actions are recorded) for audit support. That design does not create a complete route record and does not prove presence, absence, speed, route taken, idle time or misconduct. Location displays and history must not be treated as conclusive evidence for disciplinary, payroll, contractual, insurance or legal purposes. Customer remains responsible for any decision made from incomplete location data and for obtaining dedicated telematics if continuous tracking is required.
Section 8A continues to govern Lone Working and safety monitoring features. This Section 8F applies to workforce GPS and location features generally, whether or not Lone Working is enabled. The connectivity, GPS, battery, operating-system, permission and delivery limitations in Section 8A.4 apply equally to the features described in this Section 8F.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELD ASCEND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, DISPUTE OR COST ARISING FROM OR IN CONNECTION WITH:
NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation and, where applicable, death or personal injury caused by negligence. Nothing restricts an individual's statutory privacy rights, a regulator's powers or mandatory liability provisions in an applicable transfer mechanism.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELD ASCEND IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, OPPORTUNITY, USE OR DATA.
Field Ascend is not liable for loss or corruption of Customer Data to the extent caused by Customer, an Authorized User, a Customer-controlled device or credential, a Third-Party Service or Customer's failure to use available export or security controls. Reasonable direct restoration costs caused by Field Ascend's breach remain subject to Section 9.4.
Field Ascend is not liable to the extent a loss was caused or increased by unlawful or inaccurate Customer Data, Customer instructions or configuration, failure to review AI output, unauthorized use of Customer-controlled credentials, unsupported devices, internet connectivity or a Third-Party Service outside Field Ascend's control. This exclusion does not apply to the extent the same loss was directly caused by Field Ascend's breach.
SUBJECT TO SECTION 9.1, FIELD ASCEND'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. Claims arising from the same or related events count as one claim.
The cap applies in aggregate across these Terms and the DPA and does not create a separate cap for each document. It does not limit Customer's payment obligations or indemnity under Section 10. It applies to DPA claims only to the extent permitted by the DPA and law and does not reduce Field Ascend's substantive mandatory processor or service-provider obligations.
Customer will indemnify, defend and hold harmless Field Ascend, its affiliates, officers, directors, employees and agents against third-party claims, individual privacy claims and regulatory investigation or enforcement costs, together with damages, liabilities and reasonable external legal fees finally awarded or agreed in settlement, but only to the extent directly caused by:
The indemnity does not apply to the extent the claim or loss was caused by Field Ascend's breach of the Agreement or applicable privacy law, negligence, fraud or willful misconduct. It does not transfer or reduce Field Ascend's mandatory obligations. Fines and penalties are included only to the extent they may lawfully be indemnified.
Field Ascend must notify Customer reasonably promptly of an indemnified claim, provide reasonable cooperation at Customer's cost and allow Customer reasonable control of the defense. Customer may not settle in a way that admits wrongdoing by Field Ascend, imposes a non-monetary obligation on Field Ascend or fails to release Field Ascend without our written consent, not to be unreasonably withheld.
You may cancel your Subscription at any time through your Account settings or by contacting us. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your Account immediately if you engage in fraudulent or illegal activity, pose a security risk to the Service or other users, or commit a material breach of these Terms that is not capable of remedy (including a breach of Section 4 or 4A).
For any other breach capable of remedy - including failure to pay fees when due - we will give you written notice (which may be by email to the address associated with your Account) and at least 14 days to remedy the breach. We may suspend affected functionality during that period. Termination takes effect only if the breach remains unremedied at the end of the notice period.
On termination:
Immediate cessation of platform access does not remove a return right provided by the DPA.
Field Ascend may update the Service and these Terms prospectively for legal, security, abuse-prevention, technical, provider, operational or business reasons. We will give at least 30 days' notice of a change to these Terms that is materially adverse to an ongoing paid Subscription, unless an earlier change is reasonably required by law, urgent security risk, fraud prevention or a Third-Party Service change outside our reasonable control.
Changes do not retrospectively alter accrued rights or liabilities. A website update to these Terms does not amend an executed DPA, mandatory transfer terms or a signed Order that states it may be changed only by agreement. If Customer does not accept a notified material change, its remedy is to terminate the affected Subscription before the effective date, subject to the normal cancellation provisions.
Customer instructs Field Ascend to transmit selected data when Customer enables or uses a Third-Party Service, including Stripe Connect, Xero, QuickBooks, Sage, FreeAgent, Zoho Books, Microsoft 365, customer SMTP, mapping, AI, webhook, API or MCP services.
Customer is responsible for selecting the service, configuring the connection, maintaining credentials, establishing legal authority and reviewing the third party's terms, privacy arrangements and international transfers. Some Third-Party Services act as Customer's processor or service provider; others, including some payment and mapping providers, determine their own purposes.
Field Ascend remains responsible for integration components within its control but does not control or warrant a Third-Party Service's availability, security, output or subsequent use of data. Section 9 applies to any resulting claim.
Where Customer enables invoice payment collection, payments are processed by Stripe through Customer's own connected Stripe account under the Stripe Services Agreement, the Stripe Connected Account Agreement and Stripe's other applicable terms. Customer is the merchant of record for payments it collects from its payers.
Field Ascend is not a party to any payment transaction between Customer and its payer. Field Ascend is not a bank, money transmitter, payment processor, money services business or agent of either party, and does not at any time hold, receive, control or transmit funds. Charges settle directly to Customer's connected Stripe account and are paid out by Stripe under Stripe's terms.
Customer is solely responsible for: (a) obtaining and maintaining its Stripe account, including identity verification and any Stripe risk, reserve, suspension, payout-delay or termination decision; (b) refunds, chargebacks, disputes, payment failures, reversals and related fees or losses; (c) Stripe's processing fees; (d) the accuracy of invoice amounts, taxes and communications with its payers; and (e) compliance with laws applicable to its acceptance of payments, including applicable card network rules. Any issue concerning a payment, payout, refund, chargeback or Stripe account is solely between Customer, its payer and Stripe.
Field Ascend may display payment status received from Stripe and record payment events within the Service, but does not guarantee that any payment will be initiated, completed or settled, or that payment status shown in the Service is current at any given moment. Section 9 applies to any claim arising from payment collection.
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.
Each party submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with these Terms, except where mandatory law, the DPA or mandatory transfer terms require another forum (including any forum or rights those transfer terms confer on data subjects or a supervisory authority). Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction.
You agree to resolve disputes on an individual basis and waive any right to participate in class actions or representative proceedings.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, cyber-attacks, or government actions. If such an event prevents or materially impairs performance of the Service for more than 60 consecutive days, either party may terminate the affected Subscription on written notice, and Field Ascend will refund any prepaid fees covering the period after the termination date.
You agree to comply with all applicable export and import laws and regulations. You may not use the Service in any country subject to trade sanctions or embargoes.
The Agreement comprises the applicable mandatory transfer terms, DPA, Order, these Terms and any other document expressly incorporated by reference. If documents conflict: (1) mandatory transfer terms prevail to the extent they require; (2) the DPA prevails for processing of Customer Personal Information; (3) a signed Order prevails for its specific commercial subject matter; and (4) these Terms prevail over lower-ranking incorporated policies.
The Privacy Policy is a transparency notice rather than a service warranty and does not amend the DPA. Nothing in these Terms contracts Field Ascend out of a mandatory processor, service-provider or contractor obligation.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
All notices must be in writing. Notices to Field Ascend must be sent to Field Ascend Ltd, Kapellbruke, Honeysuckle Lane, Longsdon, Stoke-on-Trent, Staffordshire, ST9 9QN, United Kingdom, or by email to legal@field-ascend.com. Notices to you will be sent to the email address associated with your Account.
If you have any questions about these Terms, please contact us:
Field Ascend Ltd
Registered in England and Wales
Company Number: 16864642
Registered Office: Kapellbruke, Honeysuckle Lane, Longsdon, Stoke-on-Trent, Staffordshire, ST9 9QN, United Kingdom
Email: legal@field-ascend.com
Website: https://field-ascend.com
By clicking "I Agree", signing up for an Account, accepting an Order or using the Service, the person accepting confirms that they have read these Terms, have authority to bind Customer and agree to the Agreement on Customer's behalf.