Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your access to and use of services provided by FieldOps Africa ("FieldOps", "we", "us" or "our").

By accessing or using FieldOps, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the applicable FieldOps services.

If you use FieldOps on behalf of an organization, you represent that you have authority to accept these Terms on that organization's behalf.

2. FieldOps Services

FieldOps provides software and related services intended to help organizations manage field operations, monitoring, projects, sites, visits, findings, actions, reporting and operational information.

The FieldOps ecosystem may include:

• fieldopsafrica.com
• app.fieldopsafrica.com
• docs.fieldopsafrica.com
• blog.fieldopsafrica.com
• Other FieldOps services or properties that reference these Terms.

Specific features, plans, limits and functionality may change as FieldOps develops.

3. Accounts

Certain FieldOps services require an account.

You are responsible for providing accurate information when creating an account and for keeping account information reasonably current.

You are responsible for maintaining the confidentiality of your authentication credentials and for activity occurring through your account, except where unauthorized activity results from circumstances outside your reasonable control.

You must promptly notify FieldOps if you believe your account has been compromised or accessed without authorization.

4. Free Trials

FieldOps may offer free trials or evaluation periods for eligible customers.

Trial duration, eligibility, features and usage limits may vary and may be stated during signup or in the applicable offer.

Unless otherwise stated, a trial does not create an obligation for FieldOps to provide the service indefinitely.

5. Subscriptions and Billing

Paid FieldOps services are provided according to the subscription plan selected by the customer.

Pricing, billing frequency, included functionality, usage limits and other commercial terms may be presented during purchase or in an applicable order or agreement.

Customers are responsible for providing accurate billing information and paying applicable charges when due.

FieldOps may suspend or restrict access to paid services where payment obligations remain outstanding, subject to applicable agreements and law.

6. Customer Data

Customers may submit information and data to the FieldOps application.

As between FieldOps and the customer, the customer generally retains ownership and control of its submitted data, subject to the rights necessary for FieldOps to provide the services.

Customers are responsible for ensuring that they have the necessary rights, permissions and lawful basis to collect, upload and process information through FieldOps.

7. Acceptable Use

You may use FieldOps only for lawful purposes and in accordance with these Terms.

You must not:

• Use FieldOps in violation of applicable law.
• Attempt to gain unauthorized access to accounts, systems or infrastructure.
• Interfere with the operation or security of FieldOps.
• Introduce malicious code, malware or other harmful material.
• Attempt to reverse engineer or circumvent security controls except where expressly permitted by law.
• Use FieldOps to infringe the rights of others.
• Abuse automated access or system resources.
• Use the service in a manner that could materially harm FieldOps or other customers.

8. Customer Responsibilities

Customers are responsible for how they configure and use FieldOps.

This includes responsibility for:

• Account permissions and user access.
• Information entered into the platform.
• Legal and regulatory requirements applicable to their activities.
• Obtaining appropriate permissions or consents.
• Reviewing and validating operational information.
• Maintaining appropriate backups or exports where necessary.

9. Integrations and Third-Party Services

FieldOps may provide integrations with third-party systems, platforms or services, including data collection, reporting or other operational tools.

Third-party services are not controlled by FieldOps and may be subject to separate terms, privacy policies, availability requirements and fees.

FieldOps does not guarantee the availability, accuracy or continued functionality of third-party services or integrations.

10. Intellectual Property

FieldOps and its licensors retain all rights, title and interest in the FieldOps software, website, documentation, branding, designs, interfaces, technology and related intellectual property, except for customer data and other materials owned by customers or third parties.

These Terms do not transfer ownership of FieldOps intellectual property to you.

Subject to these Terms and any applicable subscription agreement, FieldOps grants customers a limited, non-exclusive, non-transferable right to access and use the services for their internal business purposes.

11. Feedback

If you provide suggestions, ideas, recommendations or other feedback about FieldOps, you agree that FieldOps may use that feedback to improve its products and services without owing you compensation, provided that such use does not disclose your confidential information.

12. Availability and Changes

We aim to provide reliable and secure services, but FieldOps may occasionally be unavailable due to maintenance, upgrades, infrastructure issues, security events, third-party dependencies or circumstances outside our reasonable control.

We may modify, improve, replace or discontinue features from time to time.

13. Security

FieldOps implements reasonable technical and organizational safeguards designed to protect the services and information processed through them.

However, no internet service or security system can guarantee complete security.

14. Disclaimer

To the maximum extent permitted by applicable law, FieldOps is provided on an "as available" and "as is" basis.

FieldOps does not guarantee that the services will always be uninterrupted, error-free, completely secure or suitable for every particular purpose.

FieldOps provides software and operational tools. Customers remain responsible for their own professional, operational, programmatic, legal and organizational decisions.

15. Limitation of Liability

To the maximum extent permitted by applicable law, FieldOps and its officers, employees, contractors and service providers will not be liable for indirect, incidental, special, consequential or punitive losses arising from use of the services.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

16. Indemnification

To the extent permitted by applicable law, you agree to be responsible for claims arising from your unlawful use of FieldOps, violation of these Terms, or infringement of another person's rights resulting from your use of the services.

17. Suspension and Termination

FieldOps may suspend or terminate access to the services where reasonably necessary to protect the platform, comply with law, address security risks, enforce these Terms or where payment obligations remain outstanding.

Customers may stop using the services at any time, subject to any applicable subscription or contractual obligations.

Upon termination, access to customer data may be handled according to the applicable subscription terms, agreement and retention requirements.

18. Confidentiality

Each party may receive confidential information belonging to the other party in connection with the services.

Each party agrees to use reasonable care to protect confidential information and to use it only for purposes connected with the applicable relationship.

19. Privacy

Our processing of personal information is described in the FieldOps Africa Privacy Policy.

The Privacy Policy forms part of the framework governing your use of FieldOps services.

20. Governing Law

These Terms are intended to operate internationally while recognizing the legal requirements applicable to FieldOps and its customers.

Unless a separate written agreement provides otherwise, these Terms shall be governed by the laws of Kenya, without prejudice to mandatory consumer protection or other mandatory legal requirements applicable in your jurisdiction.

Where an organization enters into a separate written agreement with FieldOps, that agreement may specify different governing law and dispute resolution provisions.

21. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, technology, business practices or legal requirements.

When material changes are made, we may provide appropriate notice.

The "Last updated" date at the beginning of these Terms indicates when they were most recently revised.

22. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Our failure to enforce a provision of these Terms does not constitute a waiver of our right to enforce it later.

These Terms, together with applicable order forms, subscription agreements and other written agreements, constitute the applicable agreement governing use of the FieldOps services.

23. Contact Us

If you have questions about these Terms or the FieldOps services, please contact us.