Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you and FreshFSM("FreshFSM," "we," "our," or "us") governing your access to and use of our field service management platform, including our web application, mobile application, client portal, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

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 by service-based companies and their employees, contractors, and clients.

3. Accounts

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized access or use of your account.

Account owners may invite team members, crew, and clients to access portions of the Service. The account owner is responsible for the activity of users invited under their account.

4. Free Trial

We may offer a free trial of the Service. A valid credit card is required to start a free trial. Certain features, including SMS and two-way messaging, are not included during the free trial. Unless you cancel before the trial ends, your card will be charged for the subscription plan you selected when the trial converts to a paid subscription.

5. Subscriptions, Fees, and Billing

Paid subscriptions to the Service are billed in advance on a recurring basis (monthly or annually) according to the plan you select. All fees are stated and charged in United States Dollars (USD) unless otherwise specified at the point of sale.

You authorize us, or our payment processor, to charge your designated payment method for all fees incurred. If a payment fails, we may suspend or terminate your access to the Service until payment is received. Fees are non-refundable except where required by law.

Usage-based fees (such as SMS, voice calls, and other metered services) are billed based on your actual usage and may be invoiced separately from your subscription fee. We may change prices on prospective renewals by providing reasonable advance notice.

6. Acceptable Use

You agree not to use the Service to:

• Violate any law, regulation, or third-party right
• Send unsolicited communications, spam, or content that is fraudulent or misleading
• Send SMS, voice, or email messages without obtaining the recipient's prior consent where required by applicable law (including TCPA, CAN-SPAM, and CASL)
• Upload viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure
• Reverse engineer, decompile, or attempt to derive source code from the Service
• Resell, sublicense, or commercially exploit the Service without our written permission
• Use the Service to compete with us or to build a competing product
• Interfere with or disrupt the integrity or performance of the Service

We may suspend or terminate accounts that violate these acceptable use rules.

7. Customer Data

"Customer Data" means the data, content, and information that you or your users submit to, upload to, or generate through the Service (including client records, job details, photos, invoices, and messages). You retain all right, title, and interest in your Customer Data.

You grant FreshFSM a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data solely to provide and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.

You are responsible for the accuracy, quality, and legality of your Customer Data and for obtaining all necessary consents from individuals whose information you submit to the Service.

8. Third-Party Integrations

The Service may integrate with third-party services such as QuickBooks Online, Stripe, mapping providers, email and SMS providers, and others. Your use of any third-party service is governed by that service's own terms and privacy policy. We are not responsible for the availability, accuracy, or content of third-party services, and we are not liable for any loss or damage arising from your use of them.

By connecting a third-party service, you authorize us to access and exchange data with that service on your behalf to provide the integration.

9. Intellectual Property

The Service, including all software, designs, logos, text, graphics, and content (excluding Customer Data), is owned by FreshFSM or its licensors and is protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service, and you may not remove or alter any proprietary notices on the Service.

10. Feedback

If you provide feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

11. Termination

You may cancel your subscription at any time through your account settings or by contacting us at services@freshfsm.com. Cancellation takes effect at the end of the current billing period; no refunds are issued for the unused portion except where required by law.

We may suspend or terminate your access to the Service immediately, without notice, if you breach these Terms, fail to pay fees when due, or use the Service in a way that may harm us or others.

On termination, your right to use the Service ends. You may export your Customer Data for a period of 30 days following termination; after that period, we may delete your Customer Data in accordance with our Privacy Policy.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected. You use the Service at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESHFSM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED USD ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless FreshFSM and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Service, your Customer Data, your violation of these Terms, or your violation of any third-party right or applicable law.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles. You agree that any dispute arising out of or related to these Terms or the Service will be resolved in the courts located in Alberta, Canada, and you consent to the personal jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and revise the "Last updated" date at the top. You are responsible for reviewing these Terms periodically. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FreshFSM regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision will not be a waiver of that provision. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

18. Contact Us

Questions about these Terms? Contact us at: