NotchField

These Terms of Service ("Terms") are a legal agreement between you (or the entity you represent) and NotchField Inc.("we," "us," "our") governing your use of the NotchField web application and the NotchField Track mobile application (collectively, the "Service"). By creating an account, accepting an invitation, signing in, or using the Service in any way, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

NotchField provides field operations and project management software for the construction industry, including features for production tracking, takeoff and estimating, drawings, scope management, safety document generation, warehouse and shop operations, manpower compliance, and reporting. The Service is provided on a software-as-a-service basis. We may add, change, or remove features at any time, with reasonable notice for material changes affecting paid functionality.

2. Accounts and Eligibility

You must be at least 18 years old and authorized to bind the company on whose behalf you create the account.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at security@notchfield.com if you suspect unauthorized access.
Account owners and administrators may invite, suspend, modify roles for, and remove team members within their organization. Removed users lose access to the organization's data immediately.
You may not share an account between multiple individuals. Each person using the Service must have their own account.

3. Acceptable Use

You agree NOT to:

Reverse engineer, decompile, or attempt to extract source code from the Service, except to the extent expressly permitted by law.
Use the Service to upload or transmit malicious code, viruses, or any content that is unlawful, defamatory, infringing, or harmful.
Use the Service to circumvent safety regulations, falsify safety documentation, fabricate signatures, or alter document hashes.
Scrape, harvest, or otherwise extract data from the Service in bulk except via the export features we provide.
Resell, sublicense, or provide the Service to third parties as part of a service bureau or commercial offering, without our prior written consent.
Use the Service to harass, threaten, or harm any person, including other users on your team.
Attempt to interfere with the Service's availability, security, or integrity (e.g., DDoS, RLS bypass attempts, exploiting bugs).

Violation of this section may result in immediate suspension or termination of your account without refund.

4. Customer Data and Ownership

You own your data.All projects, documents, photos, RFIs, scopes, takeoffs, time entries, signatures, and worker records you upload or generate ("Customer Data") remain your property.
You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to operate the Service for you and your organization.
You are responsible for the accuracy of Customer Data. Field reports, production status, hours, photos, and signatures are user-generated; we do not verify or audit their truthfulness.
You retain full responsibility for compliance with workplace safety laws (OSHA, state DOB, EPA, local municipal codes), labor laws, contract obligations, and regulatory record-keeping. The Service is a tool; legal compliance is yours.
On account termination or cancellation, you may export your data in machine-readable form within 60 days. After 60 days we may delete it (subject to the retention rules in our Privacy Policy).

5. Document Integrity and Signatures

The Service generates SHA-256 cryptographic hashes for safety documents, legal correspondence (NODs, REAs, evidence packages), and digital signatures. These hashes provide tamper-evidence: any modification to a sealed document produces a different hash.

We make a good-faith effort to preserve hash integrity, but we do not warrant that any document, hash, or digital signature will be admissible as evidence in any specific legal proceeding, arbitration, or regulatory audit. Admissibility depends on jurisdiction, opposing counsel, and procedural rules outside our control. You should consult qualified legal counsel for matters of evidentiary weight.

6. Intellectual Property

The Service, including all software, designs, logos, content, templates, and documentation provided by us, is and remains the property of NotchField Inc. and its licensors.
We grant you a limited, non-transferable, non-exclusive license to use the Service for the duration of your subscription, solely for your internal business purposes.
Feedback, suggestions, and feature requests you provide may be used by us without restriction or compensation. We will not publicly attribute feedback to you without consent.
The "NotchField" name and logo are trademarks of NotchField Inc. You may not use them in marketing materials without prior written consent.

7. Subscription and Payment

Pricing and subscription tiers are published on our website. Charges are billed in advance for the chosen billing cycle (monthly or annually).
Free trials may be offered at our discretion. At trial end, the account converts to a paid plan unless cancelled.
All fees are non-refundable except as required by law. If you cancel mid-cycle, you retain access through the end of the paid period.
We may change prices with at least 30 days' notice. Price changes take effect at your next renewal.
Late payments may result in account suspension. We'll notify you at least 7 days before suspending an account for non-payment.

8. Service Availability

We aim for 99.5% uptime measured monthly, excluding scheduled maintenance (announced at least 48 hours in advance) and force majeure events.
The mobile app (NotchField Track) supports offline operation. Edits made offline sync when the device reconnects. We are not responsible for data loss caused by failure to sync (e.g., uninstalling the app while changes are pending).
We do not guarantee availability of third-party integrations (Procore, Zoho, push notification services, etc.). Outages of those services may affect related Service features.

9. Termination

By you: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
By us:We may suspend or terminate your account immediately for material breach of these Terms (including the Acceptable Use section), non-payment after notice, or fraudulent activity. We may terminate any account with 30 days' notice for any reason.
On termination, your right to use the Service ends. You may export data for 60 days. Sections that by their nature should survive (intellectual property, disclaimers, liability, indemnification, governing law) survive termination.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTCHFIELD INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted.

12. Indemnification

You agree to defend, indemnify, and hold harmless NotchField Inc. and its officers, directors, employees, and affiliates from any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising out of: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data you upload or generate; (c) your alleged infringement of any third-party right; or (d) misrepresentations you make to other users (including your own employees) through the Service.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in New York County, New York, under the rules of the American Arbitration Association. Each party bears its own costs. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

You and we waive the right to participate in class actions, class arbitrations, or representative actions. Notwithstanding the above, either party may bring an individual action in small-claims court or seek injunctive relief in court for intellectual-property infringement.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email and an in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date of revised Terms constitutes acceptance.

15. General Provisions

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and NotchField regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
No waiver: Our failure to enforce any right is not a waiver of that right.
Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure: Neither party is liable for failure to perform due to causes beyond reasonable control (acts of God, war, terrorism, pandemic, internet or utility outages).

16. Contact

NotchField Inc.
Legal: legal@notchfield.com
General: support@notchfield.com
Privacy: privacy@notchfield.com
Web: https://notchfield.com