Terms of Service
mFieldwork allows you to create surveys, deploy them to mobile devices held by your fieldworkers, and manage the records your fieldworkers submit.
Terms of Service
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the website or mobile application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by mFieldwork, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
- Your mFieldwork.com Account.
If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify mFieldwork of any unauthorized uses of your account or any other breaches of security. mFieldwork will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. To create an account on the Service, you are required to provide registration information. You agree that all registration information, including, but not limited to, your name and email address, are accurate, correct and up to date.
- mFieldwork Credits.
mFieldwork Credits allow you to upload records to your mFieldwork platform. Each record uploaded reduces your credit balance by one. You must have a positive credit balance in order to upload records. Your credit balance can be checked on the mFieldwork platform and is updated daily. Credits expire 12 months after the last credit purchase. New credit purchases extend the life of the entire balance 12 months from the date of the last purchase. Credit purchases are non-refundable.
- Responsibility of Contributors.
If you collect information with or host information on mFieldwork or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, images or computer software. By collecting and making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either:
- Received permission from your employer to post or make available the Content, including but not limited to any software, or
- Secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content does not violate the privacy or publicity rights of any third party; is not pornographic and does not contain threats or incite violence.
Without limiting any of those representations or warranties, mFieldwork has the right (though not the obligation) to, in mFieldwork’s sole discretion
- Refuse or remove any content that, in mFieldwork’s reasonable opinion, violates any mFieldwork policy or is in any way harmful or objectionable, or
- Terminate or deny access to and use of the Service to any individual or entity for any reason, in mFieldwork’s sole discretion. mFieldwork will have no obligation to provide a refund of any amounts previously paid.
mFieldwork has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, mFieldwork does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. mFieldwork disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Your Content.
- Your Forms.
The quality or accuracy of forms on the mFieldwork platform are your sole responsibility regardless of mFieldwork’s involvement in their creation. mFieldwork has no responsibility for the quality or accuracy of forms on the mFieldwork platform. We strongly urge all users to carefully test their forms before they are deployed to the field to ensure they will give the expected result. We also suggest that the data capture exercise is followed closely in real time using the mFieldwork platform to confirm that production data from the field is following expected patterns. This will allow for the rapid deployment of changes to the forms, if it is required.
- mFieldwork Partners:
- Fair Use.
You will use the Service for its intended purpose of collecting data to support the implementation of field operations. The reasonable transmissions of data between the website and the mobile application, API calls, data storage, and web requests are allowed. Unreasonably high levels of transmissions of data, API calls, data storage, and web requests are not allowed. The reasonableness of these levels is determined at the sole discretion of mFieldwork.
- Intellectual Property.
This Agreement does not transfer from mFieldwork to you any mFieldwork or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with mFieldwork. mFieldwork, mFieldwork.com, the mFieldwork logo, and all other trademarks, service marks, graphics and logos used in connection with mFieldwork.com, or the Service are trademarks or registered trademarks of mFieldwork or mFieldwork’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any mFieldwork or third-party trademarks.
You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from mFieldwork, unless you are expressly permitted to do so under an open source license or mFieldwork gives you express written permission. If you download mFieldwork software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from mFieldwork in order to improve, enhance and further develop the software.
mFieldwork has been tested to perform on Google Chrome (14.0.835.187 and above), Safari (5.1.7 and above), and Firefox (18 and above) browsers.
The reliability of the Service on other browsers is unknown. The mFieldwork mobile application will only operate on handsets using the Android operating system version 2.2 and above.
mFieldwork reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. mFieldwork may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
mFieldwork may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your mFieldwork.com account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.
We try to keep mFieldwork up and bug free, however, the Service is provided “as is” and “as available”. mFieldwork and its suppliers and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither mFieldwork nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. The Service is a work in progress. mFieldwork may change or discontinue aspects of the Service without notice and at its sole discretion. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
- Limitation of Liability.
In no event will mFieldwork, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- Any special, incidental or consequential damages;
- The cost of procurement for substitute products or services;
- For interruption of use or loss or corruption of data; or
- For any amounts that exceed the fees paid by you to mFieldwork under this agreement during the twelve (12) month period prior to the cause of action. mFieldwork shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that
- Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless mFieldwork, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between mFieldwork and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of mFieldwork, or by the posting by mFieldwork of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Wilmington, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Wilmington, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; mFieldwork may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.