Terms of Service

Last updated: Aug 6 2025

These Terms of Service (these “Terms”) are entered into between you and Fieldbook Pty Ltd (“Fieldbook”), and govern your access to and use of websites owned or operated by Fieldbook(“Websites”), and Fieldbook offerings (the “Fieldbook Platform”) (Websites, the Fieldbook Platform, and Fieldbook’s published documentation are collectively referred to as the “Services”).

By using our Services, you agree to be bound by these Terms, and any new features or tools that are added will also be subject to these Terms. If you are accessing or using the Services on behalf of an entity (such as your employer), then you agree to these Terms on behalf of yourself and that entity, you represent that you are authorized to accept these Terms on behalf of that entity, and all references to “you” and “your” reference that entity. If you do not have the authority to bind such entity or do not agree with these Terms, you (and the entity) are not authorized to access or use the Fieldbook Platform.

1. Fieldbook Obligations

1.1. Access to the Services. Subject to the terms and conditions of these Terms, Fieldbook hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right for you (and, where applicable, Authorized Users) to access and use the Services for your internal business or personal purposes, depending on your account type. If you have a free account you may use the Services for business or personal purposes, but paid accounts are for business use only. “Authorized User” means employees, contractors, and other persons associated with you who access or use the Fieldbook Platform through your account.

2. Restrictions and Responsibilities

2.1 Use Restrictions. You will not and will not encourage or assist third parties to, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Fieldbook or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to you for use on your premises or devices, Fieldbook hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

2.2 Acceptable Use Policy. You represent, covenant, and warrant that you will use the Services only in compliance with Fieldbook’s Acceptable Use Policy available at https://fieldbook.com//legal/acceptable-use and all applicable laws and regulations. Although Fieldbook has no obligation to monitor your use of the Services, Fieldbook may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

2.3 Non-Fieldbook Resources. Applications and materials that are developed or provided by a party other than Fieldbook, services, products, platforms, integrations, code components, equipment, and hardware (collectively, “Non-Fieldbook Resources”) are not part of the Services. You shall also be responsible for maintaining the security of your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Service with or without your knowledge or consent.

3. Free Trial Period

3.1 Free Trial Warranty. If a Free Trial Period is specified in the Order Form or otherwise agreed in writing between Fieldbook and you, then, notwithstanding anything else in this Agreement, during such Free Trial Period, no fees shall apply, and the Services are provided “AS IS” without any warranty obligations of Fieldbook; Fieldbook disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Services use during the Free Trial Period shall be restricted to non- productive evaluation use. You may terminate this Agreement and all of its rights hereunder by providing Fieldbook written notice prior to the end of the Free Trial Period. Unless terminated in accordance with this Section 3.1, this Agreement shall continue in effect for the Initial Service Term specified in the Order Form, subject to earlier termination as provided in this Agreement.

4. Confidentiality; Proprietary Rights

4.1 Confidentiality. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Fieldbook includes non- public information regarding features, functionality and performance of the Service. Your proprietary Information includes non-public data provided by you to Fieldbook to enable the provision of the Services (“your data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.

4.2 Reservation of Rights. You shall own all right, title and interest in and to the your data, as well as any data that is based on or derived from the your data and provided to you as part of the Services. Fieldbook shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

4.3 Usage Data. Notwithstanding anything to the contrary, Fieldbook shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning your data and data derived therefrom), and Fieldbook will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Fieldbook offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

5. Payment of Fees

5.1 Service Fees. You will pay Fieldbook the then applicable fees described in the Order Form for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If your use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agrees to pay the additional fees in the manner provided herein. Fieldbook reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Fieldbook has billed you incorrectly, you must contact Fieldbook no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Fieldbook’s customer support department.

5.2 Invoices. Fieldbook may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Fieldbook thirty (30) days after the mailing date of the invoice. Unpaid amounts may result in immediate termination of Service. You shall be responsible for all taxes associated with Services.

6. Term and Termination

6.1 Term. Subject to earlier termination as provided below, this Agreement is for the Initial Services Term as specified in the Order Form. You may terminate this Agreement and all of its rights hereunder by providing Fieldbook written notice thereof at any time before the end of then-current term.

6.2 Termination. In addition to any other remedies it may have, either party may also terminate this Agreement immediately if the other party materially breaches any of the terms or conditions of this Agreement. Upon any termination, Fieldbook will make all your data available to you for electronic retrieval for a period of thirty (30) days, but thereafter Fieldbook will delete stored your data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

5.3 Refunds. In accordance with the Billing Cycle specified in the Order Form, no refunds shall be issued for fees paid in advance should the you terminate this Agreement prior to the conclusion of the current Billing Cycle. You acknowledge this condition as part of their rights and responsibilities under this Agreement.

7. Warranty and Disclaimer

Fieldbook shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Fieldbook or by third-party providers, or because of other causes beyond Fieldbook’s reasonable control, but Fieldbook shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER, FIELDBOOK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND FIELDBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, FIELDBOOK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FIELDBOOK’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO FIELDBOOK FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FIELDBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Fieldbook’s prior written consent. Fieldbook may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Fieldbook in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of laws provisions.