ServiceIQ Terms of Service

ServiceIQ is a field service operations platform operated by ServiceIQ, Inc., a Wyoming corporation ("ServiceIQ," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the ServiceIQ application, website at fieldserviceiq.ai, APIs, and related services (collectively, the "Service").

By creating an account, clicking "I Agree," starting a free trial, installing or enabling the ServiceIQ application (including through the HubSpot Marketplace), or otherwise accessing or using the Service, you agree to be bound by these Terms and by the Data Processing Addendum referenced in Section 7. If you do not agree, do not access or use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" or "Customer" refers to that entity.

1. Eligibility and Accounts

You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for business use and is not directed to consumers or children.

To use the Service you must create an account and provide accurate, complete information. You are responsible for all activity that occurs under your account, for the acts and omissions of your Authorized Users (the employees, contractors, or other individuals you permit to use the Service under your account), and for keeping your credentials confidential. Notify us promptly at the address in Section 19 of any suspected unauthorized use of your account.

2. The Service and License Grant

Subject to your compliance with these Terms and payment of all applicable fees, ServiceIQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during your subscription term to access and use the Service for your internal business operations, in accordance with your selected plan and our documentation.

The Service is provided as a hosted offering only. No copy of the underlying software is sold or delivered to you, and you receive no ownership interest in the Service.

3. Subscriptions, Fees, and Billing

3.1 Plans. Your subscription plan (for example, Starter or Professional) and any add-ons determine your usage entitlements, including the number of Authorized Users, contractors, projects, and features available to you. Current plans and pricing are presented at signup.

3.2 Free trial. We may offer a free trial (currently 14 days, no credit card required). At the end of the trial, your access ends unless you start a paid subscription. We may modify or discontinue trial offerings at any time.

3.3 Fees and payment. Subscription fees are billed monthly in advance through our payment processor, Stripe, based on your selected plan and add-ons. All fees are quoted and payable in U.S. dollars and are exclusive of taxes, which are your responsibility (other than taxes on our net income). You authorize ServiceIQ and Stripe to charge your designated payment method for all applicable fees.

3.4 Automatic renewal and cancellation. Your subscription automatically renews for successive billing periods of the same length, at the then-current price, unless you cancel before the end of the current billing period. You may cancel at any time from your account settings or by contacting us; cancellation takes effect at the end of the then-current billing period. We will give advance notice of any price increase that applies to your next renewal. Where required by applicable law (including automatic-renewal statutes such as the California Automatic Renewal Law), we will provide the disclosures, acknowledgements, and cancellation mechanisms those laws require.

3.5 Plan changes and refunds. You may upgrade or change plans, with changes taking effect at the start of the next billing period unless otherwise indicated. Fees are non-refundable except as required by applicable law or as expressly stated in these Terms.

3.6 Non-payment. If any fee is not paid when due, we may suspend or restrict your access after notice and a reasonable opportunity to cure.

4. Acceptable Use

You agree not to, and not to permit any Authorized User or third party to:

• copy, modify, translate, or create derivative works of the Service or its documentation;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service, except to the extent this restriction is prohibited by law;
• rent, lease, lend, sell, sublicense, or distribute the Service, or make it available to any third party except as expressly permitted;
• circumvent or exceed the usage limits of your plan, or access the Service to build a competing product;
• upload or transmit malware, or use the Service to violate any law, infringe any intellectual property right, or store or transmit unlawful, infringing, or harmful material;
• interfere with or disrupt the integrity, security, or performance of the Service, or attempt to gain unauthorized access to any systems or networks; or
• remove, obscure, or alter any proprietary notices in the Service.

We may investigate and take appropriate action, including suspension or termination, against anyone who violates this Section.

5. Customer Data and Ownership

As between the parties, you retain all right, title, and interest in the data, documents, project records, RFIs, submittals, files, and other content you or your Authorized Users submit to or generate within the Service ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide, maintain, secure, and support the Service and to comply with applicable law.

You represent that you have all rights and consents necessary to submit Customer Data to the Service and that doing so does not violate any law or third-party right. You are responsible for the accuracy, quality, and legality of your Customer Data. We may use aggregated and de-identified data that does not identify you or any individual for analytics and product improvement; we will not use identifiable Customer Data to train generally available machine-learning models.

6. Security

We maintain a written information security program with administrative, technical, organizational, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, role-based access controls and multi-factor administrative access, logical tenant separation, logging and monitoring, regular backups, a documented incident response plan, and a vendor risk-management process for subprocessors. We will not materially reduce the overall protections of this program during your subscription. Further detail is set out in the Data Processing Addendum.

7. Privacy and Data Protection

Our collection and use of personal information is described in the ServiceIQ Privacy Policy. To the extent we process personal data on your behalf in providing the Service, that processing is governed by our Data Processing Addendum ("DPA"), which is incorporated into these Terms and includes GDPR Article 28 terms, our list of subprocessors, international data-transfer mechanisms (including Standard Contractual Clauses), security measures, personal-data-breach notification, assistance with data-subject requests, and return or deletion of personal data on termination. The DPA controls over these Terms on any data-protection matter.

8. Third-Party Services and Integrations

The Service integrates with third-party products and services, including customer-authorized integrations with HubSpot (bi-directional CRM synchronization) and QuickBooks Online (accounting synchronization), as well as Stripe (billing). Your use of any third-party service is governed by that third party's own terms and privacy policies, and we are not responsible for third-party products or services. By enabling an integration, you authorize us to access and exchange data with that third-party service as necessary to provide the integration. Where an integration causes Customer Data to be shared with a third party that you select, that third party acts as your own processor or independent controller. We do not control, and are not liable for, changes to, or the availability or discontinuation of, any third-party service.

9. Intellectual Property

The Service, its documentation, and all related software, technology, designs, text, graphics, the ServiceIQ name and logo, and all intellectual property rights in them are and remain the exclusive property of ServiceIQ and its licensors. Except for the limited license expressly granted in Section 2, no rights are granted to you by implication, estoppel, or otherwise. Any feedback or suggestions you provide may be used by us without restriction or obligation to you.

10. Service Availability and Support

We will use commercially reasonable efforts to make the Service available with a monthly uptime of at least 99.5%, excluding scheduled maintenance (for which we provide advance notice where practicable) and events outside our reasonable control. We provide email support consistent with your plan.

11. Warranties and Disclaimers

We will provide the Service in a professional and workmanlike manner consistent with general industry standards. Except as expressly stated in these Terms, the Service and documentation are provided "as is" and "as available," and ServiceIQ disclaims all other warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms, even if advised of the possibility of such damages.

Except for the Excluded Claims below, each party's total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid by you to ServiceIQ for the Service during the twelve (12) months immediately preceding the event giving rise to the claim. These limitations form an essential basis of the bargain between the parties.

Excluded Claims. The limitations above do not apply to: (a) a party's indemnification obligations under Section 13; (b) ServiceIQ's breach of its security or data-protection obligations under Section 6, Section 7, or the DPA; (c) amounts owed for the Service; or (d) liability that cannot be limited or excluded under applicable law.

13. Indemnification

13.1 By you. You will defend, indemnify, and hold harmless ServiceIQ and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

13.2 By us. We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's patent, copyright, trademark, or trade secret, and will indemnify you for amounts finally awarded (or agreed in settlement). If the Service becomes, or is likely to become, the subject of such a claim, we may, at our option and expense, (a) procure the right for you to continue using it, (b) modify it to be non-infringing while preserving materially equivalent functionality, or (c) terminate the affected subscription and refund any prepaid, unused fees. We have no obligation for claims arising from your Customer Data, your combination of the Service with items not provided by us, or your use of the Service in violation of these Terms.

13.3 Procedure. The indemnified party will promptly notify the indemnifying party, give it sole control of the defense and settlement (provided no settlement imposes liability or an admission on the indemnified party without its consent), and provide reasonable cooperation.

14. Suspension and Termination

These Terms begin when you first accept them and continue while you maintain an active subscription or trial. Either party may terminate at the end of the then-current billing period, or for cause if the other party materially breaches these Terms and fails to cure within thirty (30) days after written notice. We may suspend your access immediately if your use poses an imminent security or legal risk or if fees are overdue, and will restore access promptly once the cause is resolved.

Upon termination, your right to access the Service ceases. For thirty (30) days after termination, we will make Customer Data available for export in a commonly used format on request. After that period, we will delete or anonymize Customer Data in accordance with the DPA and our retention schedule, except where retention is required by law. Sections that by their nature should survive termination (including Sections 5, 6, 7, 9, 11, 12, 13, 17, and 18) will survive.

15. Changes to the Service

We may modify, add, or discontinue features of the Service from time to time. We will not materially degrade the core functionality of a paid plan during a billing period for which you have paid.

16. Changes to These Terms

We may update these Terms from time to time. We will communicate material changes by reasonable means (such as posting the updated Terms with a revised "Last Updated" date or notifying you in-app or by email) at least thirty (30) days before they take effect, except where a shorter period is required for legal or security reasons. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles. The exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms will be the state and federal courts located in Sheridan County, Wyoming, and each party consents to the personal jurisdiction of those courts. Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through informal negotiation between authorized representatives. Nothing in this Section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or confidential information.

18. General

Order of precedence. If there is a conflict, the following order controls (highest to lowest): (1) the DPA, on data-protection matters; (2) any mutually executed order form or written enterprise agreement; (3) the subscription plan, pricing, and billing terms presented at signup; and (4) these Terms. Together, these constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on that subject.

Other terms. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; either party may assign them in connection with a merger, acquisition, or sale of substantially all assets. Neither party is liable for delays or failures caused by events beyond its reasonable control (force majeure). The parties are independent contractors. Notices to ServiceIQ must be sent to the address in Section 19.

19. Contact

Questions about these Terms may be directed to:

ServiceIQ, Inc.
Email: legal@fieldserviceiq.ai
Web: fieldserviceiq.ai
Address: 30 N Gould St Ste R, Sheridan, WY 82801