Terms of Use

FieldInsight Terms of Use (Service)

FieldInsight is software used for the day to day management of jobs and teams in the project and service industries; offering field management, scheduling, communications and navigation solutions. FieldInsight services are delivered via the cloud as software through a monthly or annual subscription (recurring). These Terms of Use are binding on any user of the software and apply to you from the time that FieldInsight provides you with access to the software.

The FieldInsight software is accessible via:  https://app.fieldinsight.com/scheduler/

  1. Interpretation

    In these Terms of Use: “this website” means https://www.fieldinsight.com/; “we”, “us” and/or “FieldInsight” means Scheduleflow (trading as FieldInsight) Pty Ltd ABN: 99 137 355 134; and “you” and/or “user” means any user of this website/software and or any purchaser of any goods and/or services in any way connected with this website/software. “subscription fee” means the monthly or annual fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the website (which FieldInsight may change from time to time on notice to you) or via a customised Proposal issued by FieldInsight that you have accepted.

    This website is owned and operated by FieldInsight.

  2. Acceptance of Terms of Use

    Your access and use of the website/software and all associated services [“Services”] is conditional on your acceptance of and compliance with these Terms of Use. You shall be deemed to have agreed to the Terms of Use by your continued use of and/or continued access to the software and payment of the Subscription fees.

    FieldInsight may amend these Terms of Use at any time by posting amended terms of business our website. You shall be deemed to have notice of any changes to these Terms of Use immediately when any change is adopted by FieldInsight and whether or not you had actual notice of any such change and notwithstanding any other purported or pre-existing Terms of Use which might otherwise have applied.

    Subject to these Terms, FieldInsight grants to the Client a non-transferrable, non-exclusive, revocable licence to access and use that portion of FieldInsight System applicable to the Subscription type (licence).

    FieldInsight at its discretion may amend the Software for the purposes of; enhancing existing features, adding capacity to make the Software run efficiently, fixing bugs or defects and create and release new features which can be made available to Users (on a subscription plan change or not).  We work continuously to evolve FieldInsight to help your business grow, using your feedback as an inspiration.

  3. Acceptable Use

    FieldInsight grants you the right to access and use the software with the user roles according to your subscription type and the communicated cost per user. This right is non-exclusive and non-transferable and limited by these Terms.

    The data you manage within your subscription is your data and falls under your obligations for collection and use pertaining to privacy and collections policies you have with your customers.  FieldInsight is not responsible for how you use our system in running your daily operations.

  4. Intellectual Property

    1. General

      Title to, and all intellectual property rights in the website, and any documentation relating to the website remain the property of FieldInsight.

    2. Data

      Title to, and all intellectual property rights in, the data remain your property. However, your access to the data is contingent on full payment of the FieldInsight subscription fee. You must maintain copies of all data entered into the software. FieldInsight adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not make any guarantees that there will be no loss of data. FieldInsight expressly excludes liability for any loss of data no matter how caused.

    3. Third-party applications and your Data.

      If you enable third-party applications for use with the software, you acknowledge that FieldInsight may allow providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the software. We shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.

  5. Restrictions on Use

    FieldInsight reserves the right to change or discontinue any feature of this software. You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained in this software, unless expressly authorized in writing by FieldInsight. You may not use any of the information in this software for the purposes of sending or distributing spam SMS, emails and/or any other form of unsolicited correspondence without the prior written consent of FieldInsight. This software is only available to and may only be used by persons who are able to form legally binding contracts. FieldInsight reserves the right in its sole discretion to prohibit or restrict access to this software to any person.

  6. Your Obligations

    1. Transactions and Purchases

      As cloud based software, FieldInsight is a pay per user charging model that is calculated monthly (or annually based on your term agreement) and collected automatically from the card (credit/debit) entered when upgrading your account/subscription.

      A payment receipt for the subscription & relevant incidental usage (SMS/GPS) charge will be issued to the billing contact each month beginning at the time of signup and then continuing monthly from the date you started using FieldInsight. All subscription fees start in advance. FieldInsight will continue charging your card on file monthly/annually until this Agreement is terminated in accordance with our Termination Clause.

      Subscriptions are due on the billing date each month.  Being cloud subscription recurring payment is due on the billing date.  We allow a maximum of 8 days post the billing date for payment errors to be resolved before an account may be suspended from access until payment is successfully collected.

      You are responsible for payment of all taxes and duties in addition to the subscription fee.

    2. SMS messages or GPS tracking

      SMS message are to be used solely for the purpose of communicating with your customers and drivers as part of using FieldInsight to manage your jobs. SMS messages are not to be used for any other purposes than those specified in these Terms of Use.

      SMS usage is an add-on facility and attracts a usage charge which will be billed in arrears added to the subscription and charged on the bill date each month.

    3. Access conditions

      You will ensure that all usernames and passwords required to access the software are kept confidential and secure.  You are responsible for keeping your staff profiles up to date and manage new or leaving employee profiles in FieldInsight.

      You will immediately notify FieldInsight of any unauthorized use of your passwords or any other breach of security and FieldInsight will reset your password.

    4. Interference

      You shall not do or permit any act or thing directly or indirectly that has the effect of: Gaining unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the software is hosted; Interfering in any way with this software, any business or activity of FieldInsight and/or the activities of any member or user of this software; and/or copying, modifying, using and/or damaging any part of the software or code of this application. You agree to notify us immediately you become aware of any damage to the software being sustained or threatened. You shall not do or permit any act or thing directly or indirectly that has the effect of exposing this application or FieldInsight to any: malicious and/or damaging code; computer viruses, Trojan horses, worms and the like; tracking, monitoring or spyware programs; and/or software which may effect any financial transaction and/or compromise the security of the software.

    5. Usage limitations

      Use of the website may be subject to limitations, including but not limited to number of users, SMS messages, jobs, drivers, the number of calls you are permitted to make against FieldInsight application programming interface. Any such limitations will be specified within the website or these Terms of Use, where there is any overlap the Terms of Use take precedence.

  7. Disclaimer and Indemnity

    FieldInsight makes no representation(s) and/or warranties: In respect of the accuracy, reliability, completeness or timeliness of any Digital Content contained in this application; and/or that this software will operate free from error or that this software and/or its host server are free of computer viruses and other harmful effects.
    You acknowledge and agree that all Digital Content in the software may contain errors and/or omissions and that you rely on and use any such material and/or information strictly at your own risk.
    FieldInsight makes no warranty with respect to any Digital Content in this software and you acknowledge and agree that to the fullest extent permitted by law all warranties whether express or implied by law and/or in any way relating to the use of, reliance on, access to or non-access to this software are by this clause expressly excluded.
    FieldInsight shall not be responsible nor liable for: paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licenses; any failure to comply with any special requirements of you or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods and/or services or otherwise); any loss or damage arising out of any failure by FieldInsight to meet any time stipulation required by you; and/or supporting the services with advice, training, error correction, modification and/or installation of updates, new releases enhancements and/or otherwise.
    FieldInsight shall not be liable for any goods and/or services: utilized, stored, handled and/or maintained incorrectly or inappropriately; and/or manufactured and/or supplied by any other party.
    You agree to: check for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application of all goods and/or services; comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by FieldInsight and/or by any vendor; and act in accordance with good practice at all times.
    Except to the fullest extent permitted by law FieldInsight, its directors, officers, employees, agents, suppliers and/or any third parties mentioned on this website shall not be liable for any loss and/or damage (including, without limitation, incidental and consequential damages and/or lost profits) resulting from your use of, access to and/or inability to use and access this software and/or Digital Content.
    You indemnify FieldInsight and/or its directors, officers, employees, agents and/or, suppliers from any and all damages (including legal costs on an indemnity basis) sustained as a result of any breach by you of these Terms of Use.

    System Availability & Performance
    We are committed to providing a robust and reliable Service, we will make reasonable efforts to maintain uptime for all users and reasonable efforts to provide prior notice of scheduled down-time that is scheduled to minimise impact to client operational hours.  With a global Client base this cannot always suit every country.

  8. Termination and Breaches

    1. Trial policy

      When you sign up for the service you can evaluate FieldInsight with no obligation to continue. Should you choose to continue using FieldInsight, you will upgrade your account by loading a credit/debit card and be billed from the day you provide your billing details.

    2. Cancellation and Termination

      1. You are solely responsible for properly cancelling your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by email support@FieldInsight.com no questions asked or follow the unsubscribe process from the Payment page in the software.
      2. If you cancel the Service before the end of your current paid term/month, your cancellation will take effect immediately but you will charged for the remaining period of the term (to the next billing date). No refunds will be given for paid in advance contract periods.
      3. FieldInsight, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other FieldInsight service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FieldInsight reserves the right to refuse service to anyone for any reason at any time.
  9. Privacy

    FieldInsight maintains a privacy policy that sets out the parties obligations in respect to data. You should read that policy at www.FieldInsight.com/privacy/ since you will be taken to have accepted it when you accept these Terms of Use.

  10. Contact Information

    Scheduleflow Pty Ltd (t/a FieldInsight)
    Level 21, 567 Collins Street, Melbourne, Vic 3000
    email:  ask@fieldinsight.com
    Ph:  +61 3 9005 7144

Last updated: 21 January 2023 Revision 1.6