Terms of Service

1. Definitions and parties

“FieldClear”, “we”, “us” and “our” mean FieldClear Ltd, which operates the FieldClear websites, applications and related online services (together, the “Service”). “You” and “Customer” mean the company, partnership or other organisation that accepts these Terms, and where relevant any individual authorised to bind that organisation. “User” means any individual you permit to access the Service under your account. “Customer Content” means data, files, records, documents and other materials you or your Users submit to the Service.

Contractual notices: hello@fieldclear.co.uk.

2. Business customers only

The Service is provided exclusively to businesses and other non-consumer organisations acting in the course of trade or profession. You represent and warrant that: (a) you are not a consumer within the meaning of UK consumer protection law; (b) you have authority to bind the Customer; and (c) you will use the Service only for business purposes. Consumer statutory cooling-off and cancellation rights do not apply. If you are or later become a consumer, you must stop using the Service immediately and notify us; we may terminate access without refund.

3. Description of the Service

FieldClear provides software tools to help you record, organise and monitor training records, qualifications, certificates, expiry dates and related operational information against requirements that you define. Features vary by plan and may change, be limited, suspended or withdrawn at any time without liability. Beta, preview or experimental features are provided as-is and may be discontinued without notice.

4. No professional advice; no compliance determination

The Service does not provide legal, health and safety, regulatory, insurance, tax, accounting or other professional advice. The Service does not determine which training, qualifications or certifications are legally or contractually required for your workers or activities. The Service does not certify that any worker is competent, qualified, authorised or permitted to carry out any work, enter any site, or operate any equipment. Status labels, reminders, matrices, filters and similar outputs are informational only and reflect the data and requirement assignments you enter.

You remain solely responsible for identifying applicable requirements, verifying records and evidence, deploying workers, and complying with law, contracts, site rules and industry schemes. You must not treat a green, “current”, “ready” or similar status as legal clearance or site authorisation.

5. Account registration and security

You must provide accurate registration information and keep it updated. You are solely responsible for all activity under your account credentials and for safeguarding access. You must notify us promptly of any unauthorised use. We may refuse, suspend or terminate any account at our sole discretion, with or without notice, including for suspected abuse, non-payment, security risk or Terms breach.

You must have authority to upload the worker and organisational data you enter, and a lawful basis under data protection law for processing that data. You are responsible for the permissions you grant to Users you invite.

6. Subscriptions, trials and fees

Paid access is sold on a subscription basis (currently monthly unless we state otherwise). Fees are billed in advance in GBP (or another currency we specify) and are exclusive of applicable taxes (including VAT), which you must pay. Plan limits are based on active workers or other metrics we publish; archived leavers do not ordinarily count towards active-worker limits where our product so provides.

We may offer a free trial (currently up to 14 days) without requiring a payment card. Trial access does not automatically convert to a paid subscription when no payment method is on file. Free trials and promotional access may be offered, modified or withdrawn at our sole discretion. We may change prices; changes apply from the next renewal unless we state otherwise or law requires more notice. Failure to pay may result in immediate suspension or termination without refund.

All fees are non-refundable except solely as set out in our Refund Policy, which forms part of these Terms. Time is of the essence for payment.

7. Auto-renewal and cancellation

Paid subscriptions renew automatically for successive periods of the same length unless you cancel before the renewal date through the in-product billing settings (or by emailing support@fieldclear.co.uk from the account email and receiving our written confirmation). Cancellation takes effect at the end of the then-current paid period. You remain responsible for all fees for that period. No credit, pro-rata refund or carry-forward is given for unused time, seats, workers or features.

8. Licence to use the Service

Subject to timely payment and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence for the subscription term to access and use the Service solely for your internal business purposes, within the plan limits. No other rights are granted. We and our licensors retain all right, title and interest in the Service, including software, designs, branding, documentation, templates, aggregations and all intellectual property.

9. Customer Content and licence to us

You retain ownership of Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, process and otherwise use Customer Content solely to provide, secure, maintain and improve the Service, to comply with law, and as otherwise instructed by you through the Service's functionality. You represent that you have all rights necessary to submit Customer Content and to grant this licence.

We may create anonymised or aggregated statistics and operational metrics that do not reasonably identify you or individuals; those anonymised/aggregated materials are our property. We do not use Customer Content to train generalised public machine-learning models unless you separately opt in to a feature that expressly states otherwise.

10. Acceptable use

You must not, and must not permit Users to:

• violate any law or third-party right;
• upload malware, unlawful content, or personal data you are not entitled to process;
• attempt unauthorised access, probe or scan systems, reverse engineer the Service (except where mandatory law prohibits that restriction), or interfere with the Service;
• bypass rate limits, access controls, billing, worker limits or security measures;
• share login credentials outside authorised Users, or resell or provide the Service to third parties except as expressly permitted by your plan;
• use the Service to build or improve a competing product using our non-public materials;
• misrepresent Service outputs as legal advice, regulatory approval, competence certification or site clearance;
• use the Service in a manner that could harm us, other customers or infrastructure.

We may investigate violations and cooperate with authorities as required. Breach may result in immediate suspension or termination without refund and may give rise to claims for damages and injunctive relief.

11. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect it and use it only for purposes of the relationship, except for information that is public, already known, independently developed, or rightfully received from a third party without restriction.

12. Privacy and refunds

Personal data is processed as described in our Privacy Policy. Cookies and similar technologies are described in our Cookie Policy. Refunds, if any, are governed exclusively by our Refund Policy. Those policies are incorporated into these Terms by reference.

13. Third-party services

The Service may integrate with or rely on third-party providers (including hosting, email, payments, analytics and document storage). Those services are subject to their own terms. We are not responsible for third-party outages, changes, acts or omissions.

14. Warranties disclaimed

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT DATA, STATUSES, REMINDERS OR EXPORTS WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT SOFTWARE STATUS CALCULATIONS DEPEND ON THE ACCURACY AND TIMELINESS OF DATA YOU ENTER.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDCLEAR LTD AND ITS OFFICERS, EMPLOYEES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CONTRACTS, SITE ACCESS, WORK OPPORTUNITIES OR ANTICIPATED SAVINGS, OR FOR ANY CLAIM ARISING FROM WORKER DEPLOYMENT, SITE INCIDENTS, REGULATORY ACTION OR CLIENT DISPUTES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE LESSER OF: (A) THE FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE ONE (1) CALENDAR MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) FIFTY POUNDS STERLING (£50).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under English law. You acknowledge that the fee structure and liability cap reflect a reasonable allocation of risk for a SaaS recordkeeping product.

16. Indemnity

You agree to defend, indemnify and hold harmless FieldClear Ltd and its officers, employees and affiliates from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your or your Users' use of the Service; (b) Customer Content; (c) your assignment of training requirements and any decision to deploy, restrict or clear workers; (d) disputes with your employees, workers, subcontractors, clients or regulators; (e) your breach of these Terms; or (f) your violation of law or third-party rights. We may assume exclusive defence of any matter subject to indemnification, and you will cooperate.

17. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate the Service or your access immediately, with or without notice, for any reason including Terms breach, non-payment, abuse, legal risk or operational need. Upon termination, your licence ends and you must cease use. Provisions that by nature should survive (including fees due, licences granted to us, disclaimers, liability limits, indemnity, governing law and dispute provisions) survive termination.

Subject to our Privacy Policy and technical limitations, you may export Customer Content while your account remains accessible. We are not obliged to retain Customer Content indefinitely after termination.

18. Export and sanctions

You may not use the Service in violation of applicable export control or sanctions laws. You represent that you are not a prohibited party and are not located in an embargoed jurisdiction where that would unlawfully restrict use of the Service.

19. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including network failures, third-party infrastructure outages, cyber attacks, labour disputes, epidemics, natural disasters, war or changes in law.

20. Changes to the Service or Terms

We may modify the Service and these Terms at any time. We will update the effective date on this page. Material changes may also be notified by email or in-product notice where appropriate. Continued use after the effective date constitutes acceptance. If you do not agree, your sole remedy is to stop using the Service before the changes take effect; no refund is owed.

21. Assignment; entire agreement; severability

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition or asset sale. These Terms, together with the Privacy Policy, Cookie Policy and Refund Policy, constitute the entire agreement between you and us regarding the Service and supersede prior proposals or agreements on the same subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in full force. Our failure to enforce a provision is not a waiver. Notices to you may be provided electronically through the Service or to your account email.

22. Governing law and disputes

These Terms and any dispute or claim (including non-contractual disputes) are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction. Before filing a claim, you agree to attempt good-faith resolution by emailing hello@fieldclear.co.uk and allowing thirty (30) days for a response. To the extent permitted by law, you must bring any claim within six (6) months after the cause of action accrues, or the claim is permanently barred.

23. Contact

Questions about these Terms: hello@fieldclear.co.uk.

These Terms are provided for operational use of the Service. They are not a substitute for advice from qualified legal counsel tailored to your situation.