Terms of Service

By creating an account, accessing, or using PivotalFSM, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and Fieldora LLC.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization. In that event, "you" and "your" will refer to that organization.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old.

PivotalFSM is a comprehensive field service management software platform designed to help businesses manage their field service operations. The Service includes the following components:

2.1 PivotalFSM Web Application

The cloud-based web application provides tools and features including, but not limited to:

• Customer relationship management (CRM)
• Work order management and scheduling
• Equipment tracking and maintenance
• Inventory management
• Time clock and attendance tracking
• Invoicing and payment processing
• Reporting and analytics
• Third-party integrations

2.2 PivotalFSM Mobile Application

iOS and Android mobile applications providing field technicians with mobile access, offline capabilities, GPS tracking, photo capture, digital signatures, and real-time synchronization with the web platform.

2.3 Third-Party Integrations

PivotalFSM offers integrations with various third-party accounting software and business applications, including but not limited to QuickBooks Online, QuickBooks Desktop, and other platforms that may be added in the future. By using any integration, you acknowledge and agree:

• You authorize the exchange of data between PivotalFSM and the connected third-party platform
• You must have valid licenses and appropriate permissions for any third-party software you connect
• Data synchronization occurs via secure, encrypted connections
• You are solely responsible for backing up your data in both PivotalFSM and connected third-party systems
• We are not responsible for any data loss, corruption, synchronization errors, or issues with third-party software
• Your use of third-party software is subject to their respective terms and conditions

For integrations requiring desktop software (such as connector applications), additional terms apply:

• Desktop applications run locally and may require administrative access to your computer
• Temporary data may be stored locally for synchronization queue management and error recovery
• You are responsible for securing your local computer, network, and any installed software

We reserve the right to modify, suspend, or discontinue any feature, functionality, or integration at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

To access certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to share your account credentials with any third party. We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.

Account administrators are responsible for managing user access within their organization and ensuring that all users comply with these Terms.

4.1 Subscription Plans

The Service is offered on a subscription basis with various pricing plans. Each plan may include different features, user limits, and usage allowances as described on our pricing page. You agree to pay all applicable subscription fees according to the plan you select.

4.2 Billing and Payment

Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified). By providing payment information, you authorize us to charge the applicable subscription fees to your designated payment method. You are responsible for:

• Providing valid payment information
• Maintaining sufficient funds or credit for payment
• Updating payment information if it changes or expires
• All applicable taxes, including sales, use, VAT, or similar taxes

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting support.

4.4 Refunds and Cancellation

Subscription fees are generally non-refundable except as required by law or as expressly stated in our refund policy. If you cancel your subscription, you will continue to have access to the Service until the end of your current billing period, after which your account will be downgraded or terminated as applicable.

4.5 Price Changes

We reserve the right to modify our pricing at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

4.6 Failed Payments

If a payment fails, we may retry charging your payment method. If payment fails multiple times, we may suspend or terminate your access to the Service. You remain responsible for any outstanding amounts owed.

As a user of the Service, you are responsible for:

• All content and data you upload, submit, or store in the Service
• Ensuring your use of the Service complies with all applicable laws and regulations
• Obtaining and maintaining all necessary licenses, consents, and permissions for content you upload
• Maintaining appropriate backups of your data
• Configuring and using the Service in accordance with best practices and documentation
• Training your users on proper and secure use of the Service
• Monitoring your account for unauthorized access or security breaches
• Compliance with data protection and privacy laws applicable to your use of the Service

You acknowledge that we are not responsible for the content, accuracy, or legality of data you store or process using the Service. You retain ownership of your data and content.

You agree not to use the Service for any unlawful or prohibited purpose. You specifically agree not to:

• Violate any applicable local, state, national, or international law
• Infringe upon the intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated means to access the Service without our express written permission
• Reverse engineer, decompile, or disassemble any portion of the Service
• Remove or obscure any proprietary notices from the Service
• Use the Service to transmit spam, chain letters, or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or store personal data about other users without their consent
• Use the Service in any manner that could damage our reputation or goodwill
• Resell, sublicense, or otherwise make the Service available to third parties without authorization

We reserve the right to investigate and take appropriate legal action against anyone who violates this policy, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

7.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, design, graphics, and trademarks, is owned by Fieldora LLC and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include any right to:

• Resell or make commercial use of the Service or its content
• Collect or use product listings, descriptions, or prices
• Make derivative works of the Service
• Download or copy account information for the benefit of third parties
• Use data mining, robots, or similar data gathering tools

7.2 Your Content

You retain all ownership rights to the content and data you submit to the Service. By uploading or submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and process your content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to all content you submit and that your content does not violate any third-party rights.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you. We may incorporate your feedback into the Service without compensation or attribution.

8.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

8.2 Data Security

We implement reasonable security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. However, no internet or electronic storage system is completely secure. You acknowledge that you provide your data at your own risk.

8.3 Data Processing

By using the Service, you acknowledge that your data may be processed and stored in various locations where we or our service providers maintain facilities. You consent to the transfer of your information to countries outside your country of residence, which may have different data protection laws.

8.4 Data Retention and Deletion

We will retain your data for as long as your account is active or as needed to provide the Service. Upon termination of your account, we will delete or anonymize your data within a reasonable timeframe, except where we are required to retain it for legal or regulatory purposes.

8.5 Data Backup

While we perform regular backups of the Service, you are responsible for maintaining independent backups of critical data. We are not liable for any loss of data resulting from system failures, user error, or other causes.

9.1 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Technical failures or infrastructure issues
• Third-party service provider outages
• Events beyond our reasonable control (force majeure)

We are not liable for any downtime, service interruptions, or resulting losses.

9.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time, including features, functionality, or supported integrations. We will make reasonable efforts to notify you of significant changes, but are not obligated to do so.

9.3 Third-Party Services

The Service may integrate with third-party services (such as QuickBooks, payment processors, or email providers). We are not responsible for the availability, functionality, or practices of these third-party services. Your use of third-party services is subject to their respective terms and policies.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. If any portion of this section is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

You agree to indemnify, defend, and hold harmless Fieldora LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content or data you submit to the Service
• Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

12.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting our support team. Upon termination, your access to the Service will end at the conclusion of your current billing period.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activity
• Abuse or misuse of the Service
• At our sole discretion, with or without cause

12.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Service will immediately cease
• We may delete your account and all associated data
• You remain liable for any outstanding fees or charges
• Provisions that should survive termination will remain in effect

12.4 Data Export

We may provide you with the ability to export your data prior to account termination. You are responsible for exporting your data before termination. We are not obligated to retain or provide access to your data after termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, United States, without regard to its conflict of law provisions.

You agree to submit to the personal and exclusive jurisdiction of the courts located within Lancaster County, Nebraska, for the resolution of any disputes arising from these Terms or your use of the Service.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within sixty (60) days after submission, you or we may initiate formal proceedings.

14.2 Arbitration Agreement

You and Fieldora LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Lincoln, Nebraska, unless the parties agree otherwise. The arbitrator's decision will be final and binding.

14.3 Class Action Waiver

YOU AND FIELDORA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by:

• Posting the revised Terms on our website
• Updating the "Effective Date" at the top of these Terms
• Sending notice via email to the address associated with your account
• Displaying an in-app notification upon your next login

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version will always be available on our website.

If you have any questions, concerns, or feedback about these Terms of Service or the Service, please contact us:

For general inquiries about the Service or to request additional information, please visit our website or contact our support team.