Terms of Service
1. Who we are
"WorkForceFSM", "we", "us", or "our" refers to WorkForceFSM LLC, a Delaware limited liability company, the operator of the WorkForceFSM software-as-a-service field service management platform accessible at workforcefsm.com. By accepting these Terms you are entering into a binding agreement with WorkForceFSM LLC.
2. Your account
To use the service you must register an account on behalf of an organization (your "Company"). You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You must be at least 18 years old and legally authorized to bind your Company to these Terms. Accounts are non-transferable — you may not assign, sell, or transfer your account to any third party without our written consent.
3. The service
We provide tools for scheduling jobs, dispatching employees, managing customers, sending invoices and quotes, and tracking expenses. Specific features available to you depend on the plan you have selected. We may update, modify, or remove features at any time, although we will provide reasonable advance notice of material changes that adversely affect paying customers. We do not guarantee any specific uptime or availability level.
4. Acceptable use
You agree not to:
- Use the service in violation of any applicable law or third-party right;
- Send unsolicited communications (including SMS or email) through the platform;
- Use the platform in connection with any unlawful employment, labor, or contracting practice;
- Attempt to reverse-engineer, decompile, resell, or scrape the service;
- Interfere with the operation of the service or other users' access to it;
- Upload malware, illegal content, or data you do not have the right to share;
- Use the service to store or transmit any data that infringes third-party intellectual property rights.
We reserve the right to suspend or terminate accounts that violate this section, with or without notice depending on the severity of the violation.
5. Free trial, subscription billing & auto-renewal
New companies receive a 14-day free trial with no credit card required. After the trial ends you must select a paid plan to continue using the service. Subscriptions automatically renew on a monthly basis until cancelled. Subscription fees are billed in advance and are non-refundable except where required by applicable law. You authorize us to charge your payment method on each renewal date. If a payment fails we may suspend your account after a reasonable grace period. Pricing is published at workforcefsm.com and may be updated with at least 30 days' written notice to paying customers. Payment is processed by Stripe, Inc., subject to their terms. You are solely responsible for any applicable taxes on your subscription.
6. Suspension & termination
You may cancel your subscription at any time from the Billing page; cancellation takes effect at the end of the current billing period and you retain access until then. We may suspend or terminate your account immediately if you fail to pay, violate these Terms, or if we reasonably believe your use creates legal or operational risk for the service. Upon termination, your data will be retained per Section 8. Sections 7, 9, 11, 12, 13, 15, and 16 survive termination.
7. Intellectual property
WorkForceFSM and its underlying technology, design, trademarks, and content are owned by us and protected by intellectual property laws. Nothing in these Terms transfers any ownership of the platform to you. You retain full ownership of all data you upload ("Your Data") and grant us only the limited license described in Section 8.
8. Your content, data & license
You retain ownership of all data you upload to the service. You grant us a limited, non-exclusive, royalty-free license to host, process, and display Your Data solely as needed to operate the service for you. Aggregate, anonymized usage statistics may be used to improve the platform. We do not sell Your Data to third parties.
9. Data retention & export
While your account is active, you can export your data from within the platform at any time. After cancellation or termination, we retain Your Data for 30 days during which you may request an export by emailing support@workforcefsm.com. After 30 days, Your Data may be permanently deleted from our active systems, though backup copies may persist for an additional period before automatic purge. We are not liable for any loss of data following the 30-day retention period.
10. Communications you send through the platform
When you send invoices, quotes, or notifications to your customers via email or SMS using the platform, you represent that you have a lawful basis to contact those recipients and that the content complies with all applicable anti-spam and communications laws (CAN-SPAM, CASL, TCPA, GDPR, etc.). You are solely responsible for the content of those communications and any claims arising from them.
11. Third-party services
The service integrates with third-party providers including Stripe (payments), Resend (email delivery), and Twilio (SMS). Your use of those features is subject to those providers' terms and privacy policies. We are not responsible for outages, failures, or behavior of third-party services, and such events do not entitle you to a refund or service credit.
12. Force majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or infrastructure outages, third-party service failures, government actions, or pandemics. In such events we will use commercially reasonable efforts to restore service as soon as practicable.
13. Warranties & disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR SPECIFIC REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100). WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
15. Indemnification
You agree to defend, indemnify, and hold harmless WorkForceFSM and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) Your Data; (b) your violation of these Terms; (c) your communications to third parties through the platform; (d) your violation of any law or the rights of any third party; or (e) your use of the service in a manner not authorized by these Terms.
16. Dispute resolution & arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the service that cannot be resolved informally (by emailing support@workforcefsm.com and allowing 30 days to respond) will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Delaware, USA, or by telephone or video conference. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class action waiver: YOU AND WORKFORCEFSM 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, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information pending arbitration.
17. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 16, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
18. General provisions
Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and WorkForceFSM regarding the service and supersede all prior agreements.
Severability: If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment: We may assign these Terms or any rights hereunder without your consent. You may not assign these Terms without our prior written consent.
Notices: We may provide notices to you via email or in-app notification. Notices to us must be sent to support@workforcefsm.com.
19. Changes to these Terms
We may update these Terms from time to time. If a change materially affects your rights, we will give you at least 30 days' advance notice via email or in-app notice. Your continued use of the service after the effective date of the change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.
20. Contact
Questions about these Terms? Email support@workforcefsm.com.