Terms of Use
Version 1.3
Last revised on: May 19, 2026
The website located at www.fieldsity.com (the "Site") is a copyrighted work belonging to Sity Global, Inc. ("Company", "us", "our", and "we"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use (these "Terms") set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site. For information on how we collect and use your data, please review our Privacy Policy.
Important Arbitration Notice
PLEASE BE AWARE THAT SECTION 8.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 8.2 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. Accounts
1.1 Account Creation
In order to use certain features of the Site, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Subscriptions and Billing
2.1 Subscription Plans
The Service offers subscription plans ("Subscription") that provide access to premium features. Subscriptions are available on a monthly or annual billing cycle. Details of available plans, features, and pricing are presented within the Service at the time of purchase.
2.2 Free Trial
We may offer a free trial period for new accounts. At the end of the trial period, you must select a paid Subscription plan to continue accessing the Service. If you do not select a plan, your access to the Service may be restricted.
2.3 Auto-Renewal
All Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. The renewal charge will be at the then-current rate for your plan. You will be charged no more than 24 hours prior to the start of each new billing period.
2.4 Payment and Billing
Subscription payments are processed through the platform on which you originally subscribed:
- Apple App Store: If you subscribe through our iOS app, payment is charged to your Apple ID account. Billing is managed by Apple and subject to Apple's terms and conditions.
- Google Play Store: If you subscribe through our Android app, payment is charged to your Google Play account. Billing is managed by Google and subject to Google Play's terms and conditions.
- Web: If you subscribe through our website or web application, payment is processed directly by Stripe. You may manage your web subscription through the billing portal accessible from your account settings.
Subscription management, receipt validation, and entitlement tracking across all platforms is provided by RevenueCat, Inc., a third-party subscription infrastructure service.
2.5 Cancellation
You may cancel your Subscription at any time. Upon cancellation, you will retain access to your Subscription features until the end of your current paid billing period. No refunds or credits will be issued for partial billing periods. To cancel:
- Apple App Store: Manage or cancel your subscription in your device's Settings > Apple ID > Subscriptions, or through the App Store.
- Google Play Store: Manage or cancel your subscription in Google Play > Payments & subscriptions > Subscriptions.
- Web: Manage or cancel your subscription through the billing portal accessible from your account settings within the Service.
2.6 Refunds
Refunds for App Store and Google Play purchases are handled by the respective platform in accordance with their refund policies. For web subscriptions, please contact us at legal@sity.ai for refund requests.
2.7 Price Changes
We reserve the right to change Subscription pricing at any time. If we change the price of a Subscription, we will provide notice of the change through the Service or by other reasonable means. Price changes will take effect at the start of the next billing period following the date of the price change. Your continued use of the Service after a price change constitutes your agreement to pay the updated amount.
2.8 Referral Program
We may offer a referral program ("Referral Program") that allows eligible subscribers to refer new businesses to the Service. The following terms apply to participation in the Referral Program:
(a) Eligibility. The Referral Program is available to account owners and administrators with an active account. Each account is assigned a unique referral code that may be shared with prospective users.
(b) Referral Rewards. When a new business signs up using your referral code and subsequently becomes a paying subscriber, both you (the "Referrer") and the referred business (the "Referred User") may receive rewards. The Referred User receives one (1) additional month of free access to the Service, added to any applicable free trial period. The Referrer receives one (1) month of free service, delivered as either a subscription extension, a billing credit applied to your next invoice, or a promotional entitlement, at Company's discretion based on your subscription platform and plan.
(c) Credit Amount. For Referrers billed through Stripe (web subscribers), the credit amount corresponds to one month of your current subscription plan at the then-current monthly rate. Credits are applied to your customer balance and automatically reduce the amount due on your next invoice.
(d) Qualification. A referral is considered "qualified" when the Referred User completes their first paid subscription transaction. Referral rewards for the Referrer are not issued until qualification occurs.
(e) Restrictions. You may not use your own referral code. Each business may only be referred once; subsequent referral codes applied to the same business will be rejected. Referral rewards are non-transferable and have no cash value. Referral rewards cannot be combined with other promotional offers unless explicitly stated.
(f) Fraud and Abuse. Company reserves the right to withhold, revoke, or reclaim referral rewards if we determine, in our sole discretion, that the referral was obtained through fraud, manipulation, or violation of these Terms. This includes but is not limited to creating fictitious accounts, self-referrals through alternate accounts, or any other deceptive practices.
(g) Modification and Termination. Company reserves the right to modify, suspend, or terminate the Referral Program at any time, with or without notice. Any pending referral rewards at the time of termination will be honored, but no new rewards will be issued after termination.
3. Access to the Site
3.1 License
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
3.2 Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
3.3 Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
3.4 No Support or Maintenance
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
3.5 Ownership
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3.6 Feedback
If you provide Company with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. Indemnification
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Other Users
Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3 Release
You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
6. Disclaimers
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3.2 through 3.6 and Sections 4 through 9.
9. General
9.1 Changes
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
8.2 Dispute Resolution
Please read the following arbitration agreement in this Section (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Company Parties") and limits the manner in which you can seek relief from the Company Parties.
(a) Applicability of Arbitration Agreement
You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the services offered on the Site (the "Services") or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms.
(b) Informal Dispute Resolution
There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference").
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: legal@sity.ai, or by regular mail to 222 South Riverside Plaza, Suite 1500, Chicago, Illinois 60606.
(c) Arbitration Rules and Forum
These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.
(d) Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
(e) Waiver of Jury Trial
EXCEPT AS SPECIFIED IN SECTION 8.2(a) YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 9.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(f) Waiver of Class or Other Non-Individualized Relief
YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 8.2(h) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(g) Attorneys' Fees and Costs
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(h) Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch ("Batch Arbitration").
(i) 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 222 South Riverside Plaza, Suite 1500, Chicago, Illinois 60606, or email to legal@sity.ai, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you.
9.3 Export
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
9.4 Disclosures
Company is located at the address in Section 9.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.5 Electronic Communications
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
9.6 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.7 Copyright/Trademark Information
Copyright © 2025 Sity Global, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.8 Contact Information
10. SMS Text Messaging Program
The Service includes an SMS text messaging feature ("SMS Program") that enables field service businesses that subscribe to the Service (each, a "Business") to send transactional SMS messages to their own customers (each, an "End Customer"). The SMS Program is operated through Twilio, Inc. as our SMS infrastructure provider. The terms of this Section 10 supplement, and do not replace, our Privacy Policy (including Section 12 thereof).
10.1 Permitted Message Content
The SMS Program is intended solely for transactional and operational communications between the Business and the End Customer, including appointment confirmations, schedule changes, technician en-route notifications with estimated time of arrival, and service completion notifications. You shall not use the SMS Program to send marketing, promotional, sweepstakes, political, fundraising, lending, adult-content, or any other non-transactional messages, and you shall not send messages that violate the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act (where applicable), the CTIA Messaging Principles and Best Practices, mobile carrier rules, or other applicable law.
10.2 Business Responsibility for End Customer Consent
YOU, AS THE BUSINESS, ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING VALID, EXPRESS CONSENT FROM EACH END CUSTOMER BEFORE ENABLING SMS MESSAGING TO THAT END CUSTOMER'S MOBILE NUMBER THROUGH THE SERVICE. BY ENABLING SMS FOR AN END CUSTOMER'S MOBILE NUMBER IN THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH CONSENT IN COMPLIANCE WITH ALL APPLICABLE LAW, INCLUDING THE TCPA, AND THAT YOU MAINTAIN ADEQUATE RECORDS OF SUCH CONSENT FOR THE PERIOD REQUIRED BY APPLICABLE LAW.
Consent may be obtained verbally at intake, on a written or digital intake form, or through an online booking form that includes an unchecked opt-in checkbox; in each case, the disclosure presented to the End Customer must identify the Business as the sender, describe the types of messages to be sent, state that message frequency varies, state that "Message and data rates may apply," and inform the End Customer that they may reply STOP to opt out and HELP for help. We recommend that the disclosure also reference our Privacy Policy.
10.3 Opt-Out, Frequency, and HELP
End Customers may opt out of receiving SMS messages at any time by replying STOP (or CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, OPTOUT, or STOPALL) to any message, and may reply HELP to receive help information. Opt-out keywords are honored at the carrier level by Twilio. We additionally propagate opt-out signals to the Service so that Businesses do not continue to attempt to send SMS to opted-out numbers. Message frequency varies depending on the appointments scheduled. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
10.4 Indemnification for SMS Activity
In addition to the indemnification obligations in Section 4, you agree to indemnify, defend, and hold Company and our SMS infrastructure providers (including Twilio) harmless from any and all claims, damages, losses, fines, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your failure to obtain or maintain valid consent from any End Customer; (b) the content of any SMS message you send through the Service; (c) your use of the SMS Program in violation of the TCPA, the CAN-SPAM Act, mobile carrier rules, the CTIA Messaging Principles and Best Practices, or other applicable law; or (d) your breach of this Section 10.
10.5 Suspension and Termination of SMS Privileges
Company may, at its sole discretion and without notice, suspend or terminate your access to the SMS Program if we reasonably believe that you have violated this Section 10, the TCPA, mobile carrier rules, the CTIA Messaging Principles and Best Practices, or other applicable law, or if our SMS infrastructure provider directs us to do so. Suspension or termination of SMS privileges does not by itself terminate your subscription to the Service, but may limit features that depend on SMS messaging.