Terms of Service

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time as described in the "Changes to the Service and These Terms" section below. Your continued use of the Service after an update becomes effective constitutes your acceptance of the revised Terms.

You must be at least 18 years old and capable of forming a binding contract to create an account or use the Service. By using the Service, you represent and warrant that you meet these requirements.

When you register for an account, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for all activity that occurs under your account.

The Service is intended for use by personnel of fire departments and other organizations, as well as individuals who register directly. Some features are designed for organizational and operational use and may require association with an Organization.

You are responsible for safeguarding your account credentials and for any use of the Service through your account. You agree to use reasonable measures to protect your login information and to notify us promptly at support@fieldcast360.com if you suspect any unauthorized access to or use of your account.

We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials or from unauthorized use of your account.

The Service supports multi-tenant Organizations with roles such as administrators, managers, and members. If you access the Service as part of an Organization, an administrator of that Organization may manage your account, assign roles and permissions, access information associated with your use of the Service, and enable or restrict features.

You acknowledge that content and data you submit within an Organization may be accessible to other authorized members and administrators of that Organization in accordance with the roles and permissions configured by the Organization.

Each Organization is responsible for its own users, for determining who may access the Service on its behalf, and for its compliance with applicable laws and internal policies.

The Service is currently made available on a free and/or beta basis. This means the Service is under active development, may contain errors or inaccuracies, and may change, be suspended, or be discontinued at any time without notice.

Beta and free features are provided "as is" and "as available" for evaluation and operational testing. We make no guarantees regarding availability, reliability, performance, or data retention for free or beta access, and you should not rely on the Service as your sole system of record.

If we introduce paid plans or features in the future, those offerings may be governed by additional or separate written terms, and we will make those terms available before you incur any charges.

FieldCast is an operational support and coordination tool. It is not a computer-aided dispatch (CAD) system, a 911 or emergency call-handling system, a primary emergency communications system, a public safety answering point, or a life-safety system, and it must not be used or relied upon as one.

You must maintain independent, redundant, and legally required communication, dispatch, accountability, and safety systems and procedures. In an emergency, always use your official dispatch channels and call 911 or your applicable emergency number.

• Do not rely on the Service for the transmission of time-critical emergency communications or mayday/emergency-traffic signaling.
• Do not rely on the Service as the sole means of tracking personnel accountability or firefighter location during an incident.
• Do not rely on location data, mapping, weather, or other information in the Service as authoritative or continuously accurate.

Location tracking, messaging, mapping, weather, and other data may be delayed, incomplete, inaccurate, or unavailable due to connectivity, device, third-party, or other limitations. You are solely responsible for verifying information through authoritative sources before acting on it.

You agree not to misuse the Service. In particular, you agree that you will not:

• Use the Service in violation of any applicable law, regulation, or third-party right;
• Access, tamper with, or use non-public areas of the Service or our systems without authorization;
• Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measures;
• Interfere with or disrupt the integrity or performance of the Service;
• Upload or transmit malicious code, or use the Service to store or transmit unlawful, infringing, or harmful content;
• Reverse engineer, decompile, or attempt to extract source code from the Service except to the extent permitted by law;
• Use the Service to collect or track the personal information of others without a lawful basis and appropriate authorization; or
• Resell, sublicense, or provide the Service to third parties except as expressly permitted.

The Service allows you and your Organization to create, upload, and store content, including messages, tasks, deployment and incident information, location data and history, observations, photos and other media, and associated metadata (collectively, "Customer Content"). As between you and FieldCast, you and your Organization retain all rights you hold in your Customer Content.

You grant FieldCast a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Content solely as necessary to provide, secure, maintain, and improve the Service and as otherwise permitted by our Privacy Policy.

You are responsible for your Customer Content, including its accuracy and legality, and for ensuring you have all rights and permissions necessary to submit it to the Service and to grant the license above.

The Service includes features that collect and share precise location and location history, incident and deployment details, and personnel information. You and your Organization are responsible for providing appropriate notice to, and obtaining any necessary consent from, individuals whose data is collected or shared through the Service, and for using such data in compliance with applicable law and your own policies.

You are responsible for configuring the Service, roles, and permissions in a manner consistent with your legal obligations, including with respect to the collection and sharing of location and other sensitive operational data.

The Service integrates with or relies on third-party products and services, including mapping, geospatial, weather, email delivery, analytics, and, where applicable, payment processing providers. Your use of those integrations may be subject to the third parties' own terms and privacy practices.

We do not control and are not responsible for third-party services, and we do not warrant their availability, accuracy, or performance. Third-party data, including maps and weather information, is provided for general informational purposes only.

The Service, including its software, design, text, graphics, and other content (excluding Customer Content), and all related intellectual property rights, are owned by FieldCast or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

Except for the rights expressly granted to you, we reserve all rights, title, and interest in and to the Service. "FieldCast" and our logos are our trademarks and may not be used without our prior written permission.

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

You may stop using the Service at any time. We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including if we believe you have violated these Terms, if required by law, or to protect the Service, other users, or the public.

Upon termination, your right to access and use the Service will cease. Sections of these Terms that by their nature should survive termination will survive, including provisions relating to Customer Content licenses granted, intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDCAST DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FIELDCAST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA (INCLUDING LOCATION, MAPPING, OR WEATHER DATA) WILL BE ACCURATE, TIMELY, OR COMPLETE, OR THAT THE SERVICE IS SUITABLE FOR USE AS A PRIMARY OR SOLE SYSTEM FOR EMERGENCY, DISPATCH, OR LIFE-SAFETY PURPOSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDCAST AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FIELDCAST ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00) OR, IF GREATER, THE AMOUNTS YOU PAID TO FIELDCAST FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless FieldCast and its owners, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your Customer Content, your use of the Service, or your violation of these Terms or applicable law.

We may modify, suspend, or discontinue any part of the Service at any time. We may also revise these Terms from time to time. When we make material changes, we will update the "Effective" date above and, where appropriate, provide additional notice.

Your continued use of the Service after revised Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You agree that the state and federal courts located in California will have exclusive jurisdiction over any such dispute, and you consent to personal jurisdiction and venue in those courts.

These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and FieldCast regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

If you have questions about these Terms, please contact us at support@fieldcast360.com.