Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Backbone Construction LLC (“FieldOS,” “we,” “us”) and the organization or individual that accesses or uses the FieldOS web application, mobile application, APIs, and this website (together, the “Service”).

If you use the Service on behalf of a company or other organization (a “Customer”), you confirm that you have authority to bind that organization, and “you” refers to that organization. If you do not agree to these Terms, do not use the Service.

If a Customer has signed an order form, master services agreement, or other written agreement with us, that agreement controls where it conflicts with these Terms.

The Service is organized into workspaces (“Organizations”). Customer administrators invite users, assign roles, and control who can see and change each project. You are responsible for:

• providing accurate account information and keeping it current;
• keeping login credentials confidential and not sharing accounts between people;
• all activity that occurs under your Organization's accounts; and
• removing access promptly for users who leave your organization.

Tell us right away at [email protected] if you suspect unauthorized access to your account.

You agree not to, and not to allow anyone else to:

• access data belonging to another Organization, or probe, scan, or test the vulnerability of the Service without our written permission;
• interfere with or disrupt the Service, or place an unreasonable load on its infrastructure;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except where the law expressly permits it;
• resell, sublicense, or provide the Service to third parties outside your Organization;
• upload malware, or content that is unlawful, infringing, or that you do not have the right to share;
• use the Service to build a competing product, or scrape it by automated means; or
• use the Service in violation of any applicable law, including export control and sanctions laws.

We may suspend access that we reasonably believe violates this section.

You own your data. “Customer Data” means the plans, drawings, production entries, photos, reports, invoices, and other content that you and your users submit to the Service. As between you and us, you retain all rights in Customer Data.

You grant us a limited license to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service, and as described in our Privacy Policy. We do not sell Customer Data.

You are responsible for the accuracy of Customer Data and for having the rights and any consents needed to submit it — including photos of job sites and personal information about your employees and subcontractors.

You can export your data at any time while your subscription is active. After termination, we will make Customer Data available for export for 30 days, then delete it from active systems within 90 days, except where we are required by law to keep it. Backups are overwritten on their normal rotation.

The Service helps you record installed quantities, generate reports, and prepare invoices and as-built documentation. You remain responsible for reviewing these outputs before you rely on them or send them to an owner, utility, or other third party.

The Service is not a substitute for professional engineering, surveying, legal, or accounting judgment, and is not a utility locate or “call before you dig” service. Always follow applicable safety rules and locate requirements in the field.

Paid plans are billed according to the order form or plan you select. Unless stated otherwise, fees are billed in advance, are non-refundable, and exclude taxes, which you are responsible for (other than taxes on our income).

We may change prices for a renewal term by giving you at least 30 days’ notice. If an invoice is more than 30 days overdue, we may suspend the Service after giving you notice.

Early-access and pilot programs may be offered free of charge or at special pricing. They are provided “as is,” may change, and may be ended as described in the program terms we give you.

We and our licensors own the Service, including its software, design, and documentation, and all improvements to it. Except for the rights expressly granted in these Terms, no rights are transferred to you.

If you send us feedback or suggestions, we may use them without obligation to you.

The Service relies on third-party providers (for example, map tiles, email delivery, push notifications, and cloud hosting) and may link to third-party sites. Your use of third-party services may be governed by their own terms, and we are not responsible for them.

We work to keep the Service available and secure, but it may occasionally be unavailable for maintenance, upgrades, or events outside our control. We may add, change, or remove features over time. If we remove a material feature from a paid plan, we will give you reasonable notice.

These Terms apply for as long as you use the Service. Either party may terminate a subscription at the end of its current term by giving notice. Either party may terminate immediately if the other materially breaches these Terms and does not cure the breach within 30 days of notice.

When the Service ends, your right to use it stops. Sections that by their nature should survive (including data ownership, fees owed, disclaimers, limitation of liability, and governing law) will survive.

Except as expressly stated in these Terms, the Service is provided “as is” and “as available.” To the maximum extent permitted by law, FieldOS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted or error-free.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility of those damages.

Each party’s total liability arising out of or relating to these Terms will not exceed the amounts paid or payable by the Customer to FieldOS in the 12 months before the event giving rise to the claim. These limits do not apply to a party’s indemnification obligations, breach of the acceptable use section, or your obligation to pay fees.

You will defend and indemnify FieldOS against third-party claims arising from Customer Data or from your use of the Service in violation of these Terms or the law. We will defend and indemnify you against third-party claims alleging that the Service, as provided by us, infringes that party’s intellectual property rights. The indemnified party must give prompt notice, reasonable cooperation, and control of the defense to the indemnifying party.

These Terms are governed by the laws of the State of Massachusetts, without regard to its conflict-of-laws rules. The state and federal courts located in Massachusetts have exclusive jurisdiction over any dispute arising from these Terms, and both parties consent to that jurisdiction. Before filing a claim, each party agrees to try in good faith to resolve the dispute informally for at least 30 days.

We may update these Terms from time to time. If a change is material, we will notify account administrators by email or in the app at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms.

You may not assign these Terms without our consent, except to a successor of your business. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. These Terms, together with any order form, are the entire agreement between the parties about the Service.

Questions about these Terms? Email [email protected] or write to Backbone Construction LLC, 2 Burlington Woods Dr Ste 100, Burlington, Massachusetts 01803-4551, United States.