These Terms of Service ("Terms") are a legally binding agreement between you and FieldPost AI, Inc., a Delaware corporation ("FieldPost," "we," "us," or "our"). By accessing or using FieldPost.ai, our web application, or any related products or services (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accessing or using the Services on behalf of a company, organization, or other legal entity (an "Organization"), you represent and warrant that you have the legal authority to bind that Organization to these Terms. In that case, "you" and "your" will refer to both you individually and the Organization.
If you do not agree to these Terms, you must immediately discontinue all use of the Services.
The following definitions apply throughout these Terms.
| Term | Definition |
|---|---|
| FieldPost | FieldPost AI, Inc., a Delaware corporation, including its officers, directors, employees, agents, and assigns. |
| Services | The FieldPost website (fieldpost.ai), web application, and all related software, tools, and features. |
| User Content | Any text, descriptions, instructions, sample content, or other materials that you provide or submit to the Services. User Content does not include Generated Content. |
| Generated Content | Any content, including captions, text, or other written output, produced by the Services' AI systems in response to your inputs, using your VP and User Content. Generated Content that you edit remains Generated Content, and your edits are treated as User Content. |
| Voice Profile (VP) | The persistent AI-generated system of record that captures and preserves your unique writing voice, tone, and style based on your interactions with the Services. |
| Subscription Plan | A paid tier of access to the Services, if and when offered, as described on our pricing page. |
| API | The FieldPost application programming interface, to the extent made available by FieldPost. |
FieldPost is the Authentic Expression Platform for the AI Internet. The Services are designed to help individuals preserve their authentic written voice while leveraging AI-driven speed for content creation. The core features of the Services include the following.
Voice Profile (VP). The VP is the foundational innovation of FieldPost. It is a persistent system of record that learns how you write by analyzing your natural phrasing, tone, rhythm, and emphasis patterns based on your real-world interactions with the platform. The VP continuously refines itself with every interaction to produce AI-generated content that sounds authentically like you, not like a generic AI model.
Moment Capture and Caption Generation. The Services allow you to capture moments in written form — describing what happened, what you are thinking, or what you want to share — and generate AI-assisted content in multiple styles (Hook First, Story Driven, and Direct and Clear). This content is generated using your VP to ensure authenticity and consistency with your voice.
Voice Profile Refinement. You may refine your VP at any time through a conversational interface. That interface is an AI system, not a human. The platform displays your current profile in a read-only format so you can review it before making changes. All refinements feed back into the VP to improve future content generation.
FieldPost may add, modify, or remove features from time to time, and will update these Terms and the Privacy Policy as needed to reflect material changes.
You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Services. By using the Services, you represent and warrant that you meet this requirement. The Services are not directed to, and may not be used by, anyone under the age of 18.
FieldPost does not knowingly collect personal information from anyone under the age of 18. If we become aware that a user under 18 has created an account or provided personal information, we will terminate the account and delete such information promptly.
The Services are currently offered to users located in the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you are using the Services on behalf of an Organization, you represent that the Organization is duly organized and in good standing under applicable law.
To access the full features of the Services, you are required to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. Providing false or misleading information is a violation of these Terms and may result in immediate termination of your account.
You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to share your credentials with any third party. You must notify FieldPost immediately at privacy@fieldpost.ai if you suspect any unauthorized access to or use of your account. FieldPost will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
You may not create or use multiple accounts to circumvent usage limits or restrictions, abuse promotional offers or free trials, evade suspension or termination, or engage in fraud or other prohibited conduct. FieldPost may require consolidation or closure of duplicate accounts used for these purposes.
You retain full ownership of all User Content you submit or otherwise provide to the Services. These Terms do not transfer any ownership of your User Content to FieldPost.
By submitting User Content to the Services, you grant FieldPost a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, modify, and transmit your User Content solely for the following purposes:
FieldPost may sublicense these rights only to service providers acting on FieldPost's behalf and solely for the purposes listed above. This license does not permit FieldPost to use your User Content to train general AI models that serve other users, to sell your content to third parties, or to use your content for advertising without your explicit consent.
You represent and warrant that: (a) you own or have the necessary rights to submit the User Content and to grant the license described above; (b) your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or any applicable law; and (c) your submission and use of User Content complies with these Terms, including the Acceptable Use Policy in Section 9.
If you provide FieldPost with feedback, suggestions, feature requests, or ideas regarding the Services ("Feedback"), you grant FieldPost a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize that Feedback without any obligation of compensation or attribution to you.
Your Voice Profile is uniquely yours. FieldPost acknowledges that the VP represents a digital expression of your personal or brand identity. You retain ownership of all User Content that you contribute to your VP, and, as between you and FieldPost, you own and control your user-specific VP profile data — including your writing style characteristics, tone preferences, vocabulary, and associated sample content — with the rights described in this Section 7. For clarity, this Section does not grant you any ownership of, or license to, the FieldPost software, AI models, algorithms, data structures, embeddings or internal representations, prompts, or system architecture used to create, store, or apply your VP, all of which remain FieldPost IP under Section 16.
FieldPost processes your VP to generate content on your behalf and to improve the accuracy of that generation over time, and as reasonably necessary for debugging, quality assurance, abuse prevention, security, and customer support related to your account. FieldPost will not use your VP to generate content for any other user, share your VP data with third parties for their independent use, or sell your VP data.
FieldPost is committed to the principle of portable intelligence. A self-service export of your Voice Profile is not currently available in the Services. You may request a copy of the personal information we hold about you, including your VP profile information, by contacting us as described in our Privacy Policy, and we will respond within the timeframe set out there. Any such copy covers your profile information; it does not include FieldPost's proprietary software, model internals, embeddings, prompts, or other FieldPost IP used to operate the VP system.
You may delete your account at any time from your account settings. Deletion is immediate and permanent. There is no grace period and no recovery: once you confirm, FieldPost cannot restore your account or its contents.
Deleting your account permanently deletes your Voice Profiles, voice sources, User Content, Generated Content and drafts — including any content you have archived — and your editing history. Residual copies may remain in encrypted backups for up to 7 days, and in system logs for up to 14 days, before expiring automatically, as described in our Privacy Policy.
We retain a minimal internal record confirming that an account existed and was deleted. That record contains no name, no email address and no content.
FieldPost expressly commits that your VP and User Content will not be used to train generalized AI models that are made available to other users of the platform or to third parties without your explicit, affirmative consent.
Archiving content hides it from your active workspace. Archiving is reversible and does not delete anything; archived content remains stored in your account until you delete your account. You may permanently delete individual voice sources at any time. Item-level permanent deletion of Generated Content is not currently offered; deleting your account removes all Generated Content, archived or not.
As between you and FieldPost, and subject to your compliance with these Terms, FieldPost hereby assigns to you all of its right, title, and interest, if any, in and to the Generated Content produced by the Services for you, and you may use Generated Content for any lawful purpose, including commercial purposes. This assignment does not extend to the FieldPost IP described in Section 16 or to any third-party content or rights. FieldPost makes no representation or warranty that any Generated Content is protectable by copyright or other intellectual property law; whether a particular output qualifies for protection depends on applicable law, including the nature and extent of human authorship involved.
Because of the nature of generative AI systems, output is not guaranteed to be unique. The Services may produce the same or similar content for other users in response to similar inputs, and FieldPost does not guarantee exclusivity of any Generated Content. The assignment in Section 8.1 applies only to rights FieldPost may have in the specific output generated for you, and does not restrict FieldPost or other users with respect to independently generated similar content.
The Services use artificial intelligence to generate captions and other written content based on your VP and User Content inputs. While FieldPost strives for high accuracy and authenticity, AI-generated content is inherently probabilistic and may not always perfectly reflect your intent, be factually accurate, or be appropriate for all contexts. In particular, Generated Content may contain fabricated or inaccurate statements, may describe experiences, events, opinions, or statements that you did not actually have or make, and may include fictionalized details presented in your voice. You must verify factual claims and personal attributions before publishing.
You are solely responsible for reviewing, editing, and approving all Generated Content before publishing, distributing, or otherwise using it. This review step is a required part of using the Services. FieldPost does not publish or distribute Generated Content on your behalf. FieldPost does not guarantee that Generated Content will be free from errors, inaccuracies, or unintended implications. The final decision to publish or use any Generated Content rests entirely with you.
FieldPost shall not be liable for any consequences arising from your use or publication of Generated Content, including but not limited to reputational harm, claims of defamation, intellectual property infringement, or violations of platform policies on third-party social media platforms.
You are responsible for ensuring that your use of Generated Content complies with the terms of service of any third-party platform (such as Instagram, TikTok, LinkedIn, or others) on which you publish such content, including any requirements of such platforms or of applicable law to disclose or label AI-generated or AI-assisted content.
FieldPost discloses within the Services that content is produced with the assistance of artificial intelligence. Where you interact with a conversational feature of the Services, such as Voice Profile refinement, you are interacting with an AI system and not with a human.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You specifically agree not to use the Services to:
Our AI provider's usage policies also apply to your use of the Services, and a violation of those policies is a violation of these Terms.
FieldPost reserves the right to investigate and take appropriate legal and technical action against any user who violates this Acceptable Use Policy, including suspending or terminating their account and reporting violations to law enforcement authorities.
FieldPost respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable law, and will terminate the accounts of repeat infringers in appropriate circumstances.
If you believe that content available through the Services infringes your copyright, please send a written notice to our designated copyright agent containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information (address, telephone number, and email address); (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Designated Copyright Agent: FieldPost AI, Inc. — Attn: DMCA Agent — Email: privacy@fieldpost.ai
If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notice to our copyright agent containing the information required by 17 U.S.C. § 512(g)(3). Upon receipt of a valid counter-notice, we may restore the removed material in accordance with the DMCA unless the original complainant files a court action.
FieldPost will terminate, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.
The Services are currently offered free of charge during our beta program. The following terms will apply if and when FieldPost introduces paid subscription plans.
FieldPost may offer individual subscriptions, available on a monthly or annual basis, the details and pricing of which would be described on our pricing page at fieldpost.ai/pricing.
FieldPost may offer free trials of the Services from time to time. The duration, features, and terms of any free trial will be disclosed to you at the time of enrollment. If a free trial converts to a paid subscription, we will clearly disclose, before you begin the trial, the subscription fee that will be charged, the date the first charge will occur, and how to cancel — and we will obtain your affirmative consent to those terms before charging you. You may cancel at any time before the end of the trial period to avoid being charged, using the cancellation method described in Section 11.6.
Payments would be processed by a third-party payment processor. By providing a valid payment method and subscribing to a paid plan, you would authorize FieldPost (through that processor) to charge the applicable subscription fees on a recurring basis (monthly or annually, as selected) until you cancel your subscription. All fees are stated in United States Dollars (USD) unless otherwise specified. FieldPost does not store full payment card information; that information is collected and stored by the payment processor in accordance with its own terms and privacy policy.
Your subscription would automatically renew at the end of each billing period, and your payment method would be charged the then-current subscription fee, unless you cancel before the renewal date. The renewal term and fee will be the same as your prior term unless we have notified you of a change in accordance with Section 11.5.
FieldPost reserves the right to change subscription fees. We will provide at least 30 days' advance written notice of any fee changes via email or through the Services, and any fee change will take effect no earlier than your next billing period after the notice. If you do not agree to a fee change, you may cancel your subscription before it takes effect.
You may cancel your subscription at any time through your account settings — using a cancellation mechanism at least as simple as the method you used to subscribe — or by contacting our support team. Upon cancellation, you will retain access to the paid features of the Services until the end of your current billing cycle. FieldPost does not provide prorated refunds for partial billing periods, except as required by applicable law.
All fees paid to FieldPost are non-refundable except: (a) as required by applicable law; (b) as provided in Section 20.2 where FieldPost terminates your account without cause; (c) as explicitly stated in a separate written agreement between you and FieldPost; or (d) where FieldPost elects, in its discretion, to issue a refund.
You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities in connection with your use of the Services, excluding taxes based on FieldPost's net income.
FieldPost does not currently make a public API available. The following terms will apply if and when FieldPost makes an API available to you.
Subject to these Terms and any additional API-specific terms provided to you, FieldPost grants you a limited, non-exclusive, non-transferable, revocable license to access and use the FieldPost API solely for the purposes described in FieldPost's API documentation.
You agree not to: (a) resell, sublicense, or redistribute API access to third parties without FieldPost's prior written consent; (b) use the API in a manner that exceeds the rate limits or usage quotas specified in your plan or the API documentation; (c) use the API to build a product or service that directly competes with FieldPost; or (d) use the API to circumvent the authentication or security mechanisms of the Services.
You are responsible for maintaining the security of your API keys. You must not embed API keys in publicly accessible code repositories or client-side applications. FieldPost will not be liable for any unauthorized use of your API keys.
Your privacy is of paramount importance to FieldPost. Our Privacy Policy, available at fieldpost.ai/privacy, describes in detail how we collect, use, store, share, and protect your personal information and User Content. The Privacy Policy is incorporated into these Terms by reference and forms a binding part of your agreement with FieldPost.
Key principles of our data practices include the following. We collect only the data necessary to provide and improve the Services. We do not sell your personal data or VP data to third parties. We use industry-standard security measures to protect your data. You have the right to access, correct, and delete your personal account data in accordance with applicable law.
If you are located in California, additional rights and protections may apply to you under the California Consumer Privacy Act (CCPA). Please refer to the Privacy Policy for details.
The Services are provided through your web browser. FieldPost does not have access to, and cannot recover, any work or data that has not been saved to our servers, including work lost due to a browser or device failure, closing your browser, clearing browser data, or use of private browsing modes. You are responsible for ensuring that work you wish to keep has been saved to the Services before ending your session.
The Services may integrate with or link to third-party services, platforms, or websites (such as social media platforms). These third-party services are governed by their own terms of service and privacy policies, which are independent of FieldPost. FieldPost does not endorse, control, or assume responsibility for any third-party services.
Your use of third-party services is at your own risk. FieldPost shall not be liable for any loss or damage arising from your use of, or reliance on, any third-party service, content, or platform.
When you use Generated Content on third-party social media platforms, you are solely responsible for complying with the terms of service, community guidelines, and applicable policies of those platforms. FieldPost makes no representations regarding the compliance of Generated Content with any third-party platform's requirements.
The Services, including but not limited to the FieldPost platform, web application, website, software, source code, FieldPost-developed algorithms, orchestration, workflows, and prompts, the Voice Profile (VP) system architecture, design elements, graphics, user interface, trademarks, service marks, trade names, and logos (collectively, "FieldPost IP"), are the exclusive property of FieldPost AI, Inc. and are protected by applicable intellectual property laws. The Services may incorporate third-party technology, including third-party AI foundation models, which remains the property of its respective owners and licensors; references to FieldPost IP do not include such third-party technology.
Subject to your compliance with these Terms, FieldPost grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to: (a) sublicense or transfer the Services to any third party; (b) copy, modify, or create derivative works of the FieldPost IP; (c) use the FieldPost IP for any commercial purpose other than as expressly permitted by these Terms; or (d) remove any proprietary notices or labels on the Services.
All rights not expressly granted in these Terms are reserved by FieldPost. Nothing in these Terms shall be construed as granting you any ownership interest in the FieldPost IP.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIELDPOST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FieldPost does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. FieldPost does not warrant the accuracy, completeness, or usefulness of any information provided through the Services, including Generated Content.
FieldPost does not warrant or guarantee any specific results from the use of the Services, including but not limited to growth in social media followers, engagement rates, revenue, or any other business outcome.
Certain features of the Services may be offered in "beta" or "preview" status. Beta features are provided without warranty of any kind and may be discontinued, modified, or removed at any time without notice. Any beta program benefits extended to your account (such as extended or perpetual access to features) are personal to your account and are permanently forfeited if you delete your account; because account deletion removes the records that associate you with those benefits, they cannot be restored by creating a new account.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIELDPOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FIELDPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELDPOST'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FIELDPOST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FIELDPOST. FIELDPOST WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless FieldPost, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your User Content, or your use or publication of Generated Content; (b) your violation of these Terms, including the Acceptable Use Policy; (c) your violation of any applicable law or regulation; or (d) your infringement or misappropriation of any third-party right, including intellectual property, privacy, or publicity rights.
FieldPost reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with FieldPost's defense of such claim.
You may terminate your account and these Terms at any time by deleting your account through the account settings or by contacting us at privacy@fieldpost.ai. Deleting your account permanently removes your Voice Profiles, voice sources, generated content, drafts, and editing history as described in Section 7.4; this cannot be undone, and we cannot restore your account or its contents afterwards. Where paid subscription plans are in effect, termination will not entitle you to any refund of prepaid fees, except as required by applicable law.
FieldPost may suspend or terminate your access to the Services, in whole or in part, at any time: (a) for your violation of these Terms or the Acceptable Use Policy; (b) for your failure to pay applicable fees; (c) in response to a request from law enforcement or a government authority, or to address security, fraud, or legal risk; (d) after extended periods of account inactivity; (e) upon discontinuation of the Services; or (f) for any other reason or no reason (termination without cause). If FieldPost terminates the account of a paying subscriber without cause under clause (e) or (f) and not due to your breach of these Terms, FieldPost will refund the prorated portion of any prepaid subscription fees attributable to the unused period.
Upon termination of your account: (a) your right to access and use the Services will immediately cease; (b) FieldPost will delete your account, VP, and User Content as described in Section 7.4 and in accordance with the retention periods in our Privacy Policy, retaining only the minimal non-identifying deletion record described in Section 7.4 and any records we are required to retain by law; and (c) any provisions of these Terms that by their nature should survive termination will survive, including Sections 6, 7, 16, 17, 18, 19, 21, and 22.
If you wish to retrieve your VP profile information or User Content, you must do so before deleting your account. Because deletion is permanent, FieldPost cannot retain, restore, or provide access to your data following account deletion, except as required by applicable law.
Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Before initiating any formal legal proceeding, you agree to first contact FieldPost at privacy@fieldpost.ai and attempt to resolve the dispute informally. FieldPost will attempt to resolve the dispute within 30 days of receiving your written notice. This informal resolution process is a prerequisite to commencing arbitration.
If the dispute is not resolved informally, you and FieldPost agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, where you are using the Services on behalf of an Organization, its Commercial Arbitration Rules), rather than in court, except as provided in Section 21.5 below. The arbitration will be conducted in English by a single arbitrator. Any in-person arbitration hearing will take place in Santa Cruz County, California, unless you and FieldPost agree otherwise or the arbitrator determines, or the applicable AAA rules provide, that the hearing should be conducted by videoconference or in another location. Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules and applicable law. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND FIELDPOST 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court rather than in arbitration, and the remainder of this Section shall remain in effect.
If 25 or more demands for arbitration are filed against FieldPost by or with the assistance of the same law firm or organization, or are otherwise coordinated, and raise similar claims, you and FieldPost agree that the demands shall be resolved in staged proceedings: the parties shall each select up to 10 demands to proceed first as bellwether arbitrations, and the remaining demands shall not be filed or deemed filed (and no filing fees shall be due) until the bellwether arbitrations are concluded. Following the bellwether arbitrations, the parties agree to engage in a global mediation before the remaining demands may proceed. Any applicable statute of limitations shall be tolled for demands subject to this Section from the time they are first presented until they may be filed. A court of competent jurisdiction shall have authority to enforce this Section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands inconsistent with it.
Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court if the claim qualifies; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.
You may opt out of the arbitration agreement in this Section 21 by sending written notice to privacy@fieldpost.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.
These Terms and any disputes arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. For any disputes not subject to arbitration under Section 21, you and FieldPost consent to the exclusive jurisdiction of the state courts located in Santa Cruz County, California and the federal courts located in the Northern District of California. Nothing in this Section deprives you of the protection of any mandatory consumer protection laws of your jurisdiction of residence.
FieldPost reserves the right to modify these Terms at any time. If we make material changes, we will notify you by: (a) sending an email to the address associated with your account; (b) posting a prominent notice within the Services; or (c) updating the "Last Updated" date at the top of this page. We will provide at least 14 days' advance notice of material changes.
Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and may terminate your account as described in Section 20. Material changes to the arbitration provisions in Section 21 will not apply to disputes that arose before the change became effective.
These Terms, together with the Privacy Policy and any applicable Subscription Plan terms, constitute the entire agreement between you and FieldPost with respect to the Services and supersede all prior agreements, understandings, and representations.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
FieldPost's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of FieldPost.
You may not assign or transfer any of your rights or obligations under these Terms without FieldPost's prior written consent. FieldPost may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without notice to you.
FieldPost will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or actions of third-party service providers.
These Terms do not create any third-party beneficiary rights. Only you and FieldPost are parties to this agreement.
Section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions, concerns, or requests regarding these Terms, please contact us:
FieldPost AI, Inc. — Legal and Compliance Team — Email: privacy@fieldpost.ai — Website: fieldpost.ai
For privacy-related inquiries, please refer to our Privacy Policy at fieldpost.ai/privacy.
