Terms of Service

1. The Service

FieldSight is web-based software designed to assist qualified tank inspection professionals and inspection organizations with recording information, performing calculations, producing draft reports, creating diagrams, and managing related workflows for aboveground storage tank inspections and related work (the "Service"). Features available to you depend on your subscription plan, enabled add-ons, and any separately agreed order form.

FieldSight provides software functionality only. FieldSight does not perform inspections, provide engineering services, provide legal or regulatory advice, certify tank fitness for service, or assume the obligations of an inspector, engineer, owner, operator, or regulated entity.

2. Eligibility, Accounts, and Authority

• You must be at least 18 years old and capable of entering into a binding agreement to use the Service.
• If you use the Service for or on behalf of an organization, you represent that you have authority to bind that organization, and "Customer" means that organization.
• You must provide accurate account information and keep it current.
• Each user must use an individual authorized account. Credential sharing is prohibited unless FieldSight expressly provides an approved shared-access feature.
• You are responsible for activities occurring through your account and must promptly notify us at admin@fieldsightsolutions.com of suspected unauthorized access or misuse.

3. Trials, Plans, Billing, and Cancellation

FieldSight may offer free trials, paid plans, add-on features, and other promotions. The applicable trial duration, included features, billing cadence, and pricing will be shown in the Service or checkout flow before you activate or purchase the applicable offering.

• Basic Suite trial: where offered, a new eligible account may receive a time-limited trial of the Basic Suite without a payment method. Trial eligibility may be limited to one trial per person, organization, account, or other reasonable identifier.
• Add-on trials: where offered, an add-on trial begins when the add-on is activated or provisioned. The add-on, trial length, renewal behavior, and post-trial price will be displayed in the Service before activation or commitment to payment.
• Paid subscriptions: paid subscriptions are billed in advance on the monthly or annual cadence shown at checkout through our payment processor, Stripe.
• Automatic renewal: unless cancelled before renewal, a paid subscription automatically renews for the same billing cadence at the then-applicable price, subject to any notice required by law or these Terms.
• Cancellation: you may cancel an active paid subscription through available account or billing settings. Unless otherwise stated in the Service, cancellation takes effect at the end of the current paid billing period and does not entitle you to a refund for amounts already charged.
• Taxes: stated fees exclude applicable sales, use, excise, VAT, withholding, or similar taxes, which are your responsibility except taxes imposed on FieldSight income.
• Refunds: except where required by law or expressly stated in a written order form, fees are non-refundable and non-creditable. FieldSight may issue credits or refunds in its discretion without establishing an obligation to do so in other cases.

Prices, features, and trials may change prospectively. Changes will not retroactively alter charges already incurred. Material changes applicable to active paid subscriptions will be communicated where required by law or these Terms.

Seat classes: certain plans are licensed on a per-seat basis. A "Pro Seat" is required for any user whose assigned role includes the capability to create or modify inspection records or technical inspection data; create or edit findings, recommendations, captions, or photographs; perform or modify calculations, settlement evaluations, or tank diagrams; generate editable document deliverables or CAD/DXF exports; finalize, approve, verify, or reopen a report; or modify technical libraries that affect inspection deliverables. A "Limited Seat" is a user account without any such capability, which may view records, add non-authoritative comments, download finalized deliverables, view audit history, and perform billing and user-administration functions. Roles, including custom roles, are classified by the highest seat class of any capability they contain, and classification is enforced by the Service. Client report access provided through shared report links does not require a seat and is not charged.

Seat capacity: each plan includes the number of Pro Seats stated at purchase. Included seats may be assigned to any role; an included Pro Seat assigned to a role with fewer capabilities is still consumed. Additional Pro Seats and Limited Seats may be purchased where offered for the applicable plan. Where a plan does not offer additional Pro Seats, adding a further Pro-Seat user requires upgrading to a plan that does.

Seat class changes: granting a user a capability that requires a Pro Seat takes effect only after an available Pro Seat is assigned or purchased and any applicable charge is confirmed. For monthly subscriptions, the difference between the Limited Seat and Pro Seat rates is charged for the entire current billing cycle; partial billing cycles are charged as whole cycles and are not prorated by day. For annual subscriptions, the calendar month in which the change occurs is charged as a whole month, together with the monthly-equivalent difference for each remaining month of the annual term. Removing capabilities from a seat does not generate a credit or refund for the current billing period; the lower rate applies beginning at the next renewal.

Paid evaluations: FieldSight may offer paid evaluation periods for a stated one-time fee. Evaluation fees are non-refundable, are limited to one evaluation per customer organization unless FieldSight expressly agrees otherwise, and are credited toward the first subscription invoice only where and as stated in the applicable offer. Evaluations may include stated usage limits, including limits on the number of reports that may be finalized or exported, and FieldSight may decline or revoke an evaluation it reasonably believes duplicates a prior evaluation by the same organization or its affiliates.

Promotional and founding rates: promotional pricing, including founding or early-adopter rates, applies only for the period, seat counts, and conditions stated in the applicable offer; requires an active, continuously maintained subscription; ends upon cancellation, nonpayment exceeding thirty (30) days, or termination; is not transferable; and converts to the then-current published pricing at the next renewal following the end of the stated promotional period. FieldSight will provide advance notice of the end of a stated promotional rate period where required by the offer terms or applicable law.

4. Limited License and Acceptable Use

Subject to these Terms and payment of applicable fees, FieldSight grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription or trial term to access and use the Service for Customer's internal business operations and in performing inspection, reporting, and related professional services for Customer's clients, including preparing Customer deliverables, subject to the disclaimers, verification duties, and allocation of responsibility stated in these Terms.

You may not, and may not permit another person to:

• Use the Service unlawfully, fraudulently, or in violation of applicable standards, contract requirements, or third-party rights.
• Access or attempt to access accounts, systems, data, or features without authorization; bypass usage, licensing, authentication, or security controls; or probe or test the Service without written permission.
• Introduce malicious code, interfere with availability or performance, or use automated means to extract substantial data except through provided export features or with written permission.
• Sell, resell, lease, sublicense, distribute, or provide the Service to third parties except as expressly authorized in writing.
• Reverse engineer, decompile, disassemble, discover, or attempt to derive the source code, underlying calculation logic, or non-public architecture of the Service except to the limited extent such restriction is prohibited by applicable law.
• Use the Service or non-public outputs to build, train, validate, or improve a competing software product without written permission.

5. Customer Data and Confidentiality

"Customer Data" means data, files, images, measurements, tank or facility information, notes, report content, and other materials submitted to, stored in, or generated through the Service for Customer, excluding FieldSight technology, templates, documentation, and system-generated operational information.

As between FieldSight and Customer, Customer retains its rights in Customer Data. Customer grants FieldSight and its service providers a limited right to host, process, transmit, display, copy, and otherwise use Customer Data only as reasonably necessary to provide, secure, support, and administer the Service; comply with law; enforce these Terms; or as otherwise directed or authorized by Customer.

FieldSight will treat non-public Customer Data as confidential information and will not disclose it to third parties except as permitted by these Terms, the Privacy Policy, an applicable written agreement, Customer direction, or applicable law. Customer is responsible for obtaining all rights and permissions necessary to submit Customer Data, including photographs, facility information, and personal information contained within reports or records.

Customer understands that tank inspection and facility information may be commercially sensitive or security-sensitive. Customer is responsible for determining whether the Service is appropriate for its information, controlling user access, protecting exported files, and complying with owner, operator, contract, and legal restrictions on sharing such information.

6. Data Protection and Privacy

Our collection and processing of personal information is described in the FieldSight Privacy Policy, which is incorporated by reference for privacy disclosures but does not limit the disclaimers, responsibilities, or liability limitations in these Terms. If Customer requires a data processing addendum, security addendum, service-level agreement, or other negotiated requirements, those terms apply only if agreed in a separate written agreement signed or accepted by FieldSight.

7. Exports, Account Closure, and Data Retention

Customer should export any inspection records, reports, photographs, or other materials it is required to retain before terminating or allowing expiration of its access. Export functionality may depend on the Service features available to Customer at the time of export.

Upon account closure, termination, or expiration, access to the Service and Customer Data may cease. FieldSight may delete or de-identify Customer Data as described in the Privacy Policy, subject to legal holds, backup retention, fraud-prevention, security, accounting, dispute-resolution, or separately agreed archival obligations. FieldSight is not Customer's required records repository or regulatory recordkeeper unless expressly agreed in writing.

8. Inspection, Engineering, Regulatory, and Standards Disclaimer

READ THIS SECTION CAREFULLY. FieldSight is a software tool. It is not an inspector, engineer, owner, operator, regulator, authority having jurisdiction, or standards body.

FieldSight may support entry, display, calculation, analysis, or reporting workflows relating to API 650, API 653, and other industry standards, laws, or owner requirements. Customer acknowledges and agrees that:

• FieldSight outputs, calculations, suggested findings, diagrams, report drafts, classifications, warnings, and any AI-assisted text or captions are aids to professional work and are not independent determinations of compliance, acceptability, tank fitness for service, safety, or required corrective action.
• Customer and its qualified personnel are solely responsible for verifying input data, measurement accuracy, calculation assumptions, standard editions, report content, inspection scope, conclusions, recommendations, approvals, and any reliance or use of outputs.
• Customer is solely responsible for ensuring that individuals conducting, approving, signing, or relying upon inspection work are appropriately qualified and authorized under applicable laws, standards, owner requirements, and contracts.
• Customer is solely responsible for determining the governing standard edition, addenda, owner specifications, jurisdictional requirements, and integrity-management procedures applicable to any tank or deliverable.
• FieldSight does not provide copyrighted standards to Customer and does not grant rights in API, STI, NFPA, OSHA, EPA, DOT, or other third-party standards or regulatory materials. Customer must obtain and rely upon authorized, applicable source materials as required.
• FieldSight does not stamp, certify, sign, issue, or accept professional responsibility for an inspection report, engineering evaluation, repair recommendation, fitness-for-service determination, or regulatory submission.

Customer assumes all risk associated with reliance on or distribution of Customer deliverables produced using the Service, including risks relating to inspection findings, tank operation, repair decisions, environmental matters, safety, regulatory compliance, owner acceptance, and third-party use.

9. Artificial Intelligence and Automated Features

FieldSight makes available optional AI-assisted, automated, and suggested-content features (collectively, "AI Features"), currently including suggested photograph captions and suggested finding write-ups. AI Features are optional and run only when initiated by a user. Customer's use of AI Features is voluntary, at will, and at Customer's own election and risk. By initiating an AI Feature, Customer directs and authorizes FieldSight to transmit the associated content (for example, a selected photograph and its entered inspection context) to the third-party artificial-intelligence providers identified in the Privacy Policy for the purpose of generating the suggestion, and authorizes FieldSight to retain the related inputs, outputs, and Customer review decisions as service records and to use them to operate, evaluate, and improve the AI Features, including the development of FieldSight-operated models.

Customer acknowledges and agrees that:

• Customer is solely responsible for determining whether content is appropriate and authorized for submission to an AI Feature, including compliance with owner, operator, contractual, confidentiality, and legal restrictions applicable to that content.
• Customer is solely responsible for independently reviewing, verifying, correcting, and approving all AI-assisted content through qualified personnel before it is used, submitted, relied upon, or shared, and for all consequences of using, distributing, or relying upon AI-assisted content.
• AI Features may generate inaccurate, incomplete, misleading, or unsuitable content. AI-assisted content is draft assistance only; it is not a representation, inspection finding, or professional determination of FieldSight and is provided without warranty of any kind.
• FieldSight does not accept responsibility or liability for Customer's submission of content to AI Features or for Customer's review, approval, use, or distribution of AI-assisted content. Customer's indemnification obligations under Section 16 apply to claims arising out of or relating to Customer's use of AI Features.

10. Service Availability, Changes, and Support

The Service may change over time. FieldSight may add, modify, suspend, or discontinue features, provided that we will not intentionally eliminate a material paid feature during a current paid billing term without providing a reasonable substitute, credit, termination option, or notice where required by law.

Unless expressly agreed in a separate written agreement, the Service is provided without a guaranteed uptime, response-time, support-time, backup, recovery-time, or service-level commitment. Maintenance, outages, third-party failures, security events, internet conditions, and force majeure events may affect access or performance.

11. Security Assessments and Future Compliance Programs

FieldSight may evaluate or pursue additional security controls, independent assessments, attestations, or compliance programs as business requirements evolve, potentially including a SOC 2 examination. FieldSight does not currently represent that the Service has completed a SOC 2 examination, is SOC 2 certified, holds a SOC 2 report, or satisfies any customer-specific security, audit, certification, or compliance requirement unless FieldSight expressly agrees in a separate written agreement or expressly states that a completed assessment exists.

12. Third-Party Services

The Service may rely upon or interoperate with third-party services, including payment, hosting, authentication, email, storage, monitoring, or customer-selected services. FieldSight does not control third-party services and is not responsible for their acts, omissions, availability, terms, security, or data handling, except to the extent responsibility cannot be excluded under applicable law or is expressly assumed in a written agreement.

13. Suspension and Termination

These Terms remain in effect until terminated. You may stop using the Service or close your account as made available through the Service or by contacting admin@fieldsightsolutions.com.

FieldSight may suspend or terminate access, without liability, if we reasonably believe that Customer has breached these Terms, failed to pay amounts due, created a security or legal risk, used the Service unlawfully, or if suspension is necessary to protect the Service, Customer Data, FieldSight, or third parties. Where reasonably practicable, we will provide notice and an opportunity to cure before termination for a non-urgent breach.

Sections that by their nature should survive termination will survive, including ownership, Customer Data responsibilities, confidentiality obligations, disclaimers, limitations of liability, indemnification, dispute terms, and payment obligations accrued before termination.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." FIELDSIGHT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, COMPATIBILITY, REGULATORY COMPLIANCE, AND RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.

FIELDSIGHT DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT CALCULATIONS, TABLES, CITATIONS, REPORTS, OR OTHER OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR ANY PARTICULAR USE; OR THAT USE OF THE SERVICE WILL SATISFY ANY STANDARD, LAW, CONTRACT, OWNER REQUIREMENT, AUDIT, OR REGULATORY OBLIGATION.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDSIGHT AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; LOSS OR CORRUPTION OF REPORTS OR RECORDS; REGULATORY PENALTIES; TANK REPAIR, REMEDIATION, FAILURE, RELEASE, ENVIRONMENTAL CLEANUP, SHUTDOWN, OR OPERATIONAL COSTS; PERSONAL INJURY OR PROPERTY DAMAGE; OR THIRD-PARTY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR CUSTOMER DELIVERABLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDSIGHT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO FIELDSIGHT FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).

These limitations do not limit liability to the extent such limitation is prohibited by applicable law. Separate negotiated written agreements may provide different limitations for enterprise customers.

16. Indemnification

Customer will defend, indemnify, and hold harmless FieldSight and its members, officers, employees, contractors, affiliates, and service providers from and against third-party claims, demands, proceedings, damages, liabilities, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Customer Data or Customer's lack of rights or authorization to submit, process, use, publish, or disclose it;
• Customer's use of the Service in violation of these Terms, applicable law, a standard, an owner requirement, or a third-party right;
• Any inspection report, deliverable, conclusion, recommendation, submission, repair decision, or other work product created, approved, transmitted, published, or relied upon by Customer using the Service; or
• Customer's fraud, negligence, willful misconduct, unauthorized access, or breach of confidentiality or data-security obligations.

FieldSight will provide reasonably prompt notice of an indemnified claim, allow Customer reasonable control of the defense and settlement, and reasonably cooperate at Customer's expense. Customer may not settle a claim in a manner that admits fault by or imposes obligations on FieldSight without FieldSight's prior written consent.

17. Enterprise or Negotiated Terms

Customers purchasing enterprise services, organizational deployments, or separately negotiated services may be required to execute an order form, master services agreement, data processing addendum, security addendum, or service-level agreement. If a separately executed written agreement conflicts with these Terms, the separately executed written agreement controls only to the extent of that conflict and only for the applicable customer and services.

18. Governing Law; Venue; Jury Trial and Class Action Waivers

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service must be brought exclusively in the state courts located in Bernalillo County, New Mexico, or the United States District Court for the District of New Mexico, and each party consents to personal jurisdiction and venue in those courts. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. If a court decides this class-action waiver is unenforceable as to a particular claim, that claim — and only that claim — must be severed and brought in a court as permitted above, and the remainder of this waiver remains in effect.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will apply prospectively and will take effect when posted or on a later date identified in the updated Terms. Where required by law or a separate written agreement, we will provide additional notice. Continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms, unless applicable law requires another form of consent.

20. General Terms

• Entire agreement: These Terms, together with the Privacy Policy and any applicable separately executed written agreement, state the agreement regarding the Service and supersede prior discussions regarding the same subject matter.
• Assignment: Customer may not assign these Terms without FieldSight's prior written consent. FieldSight may assign these Terms in connection with a merger, reorganization, sale of assets, financing, or transfer of the Service or business.
• Severability: If a provision is held unenforceable, it will be limited or removed only to the minimum extent necessary, and the remainder will remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of the right to enforce it later.
• Electronic communications: You consent to receive contractual and service-related notices electronically, including by email or through the Service.
• No third-party beneficiaries: These Terms do not create rights for any third party except as expressly stated.
• Feedback: If you send FieldSight suggestions, feature requests, bug reports, or other feedback about the Service, you grant FieldSight a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, modify, commercialize, and incorporate that feedback without restriction or obligation to you. Feedback is provided voluntarily and is not your confidential information unless separately agreed in writing. This grants FieldSight no rights in your Customer Data, inspection reports, or confidential facility information, which you continue to own.
• Time to bring claims: To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within twelve (12) months after the claim arose; otherwise it is permanently barred.

21. Contact

FieldSight LLC Support and Terms Inquiries: admin@fieldsightsolutions.com United States