Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Landlord”, “you”, or “your”) and Fielded Technologies Inc., a corporation incorporated under the Canada Business Corporations Act (“Fielded”, “we”, “us”, or “our”). These Terms govern your access to and use of the Fielded platform, website, and services (collectively, the “Service”).

2. Description of Service

Fielded provides a software platform that allows landlords to manage tenant communications via SMS. The Service includes:

• A dedicated phone number for receiving tenant SMS communications
• AI-assisted draft responses generated by third-party AI technology
• A landlord approval workflow for reviewing and sending communications
• An automated logging and record-keeping system for communications
• An optional autopilot feature for automatically sending pre-approved response types
• Analytics, reporting, and PDF export functionality

Fielded is a communication tool, not a legal service, property management company, or landlord-tenant law advisor. The Service does not constitute legal advice and should not be relied upon as such.

3. Account Registration

• You must be at least 18 years old to create an account
• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account
• One account per person or organization. Creating multiple accounts to circumvent usage limits is prohibited
• You may not share your account with others

4. Landlord Responsibilities

As a Landlord using Fielded, you accept full responsibility for:

4.1 Communications Sent Through Fielded

You are the sender of all messages transmitted through your Fielded account, whether drafted by AI or written by you directly. All messages are sent on your behalf and you are solely responsible for their content, accuracy, and legal compliance. Fielded’s role is to facilitate communications — the content and consequences of those communications are your responsibility.

4.2 Reviewing AI-Generated Drafts

When you approve an AI-generated draft response, you confirm that you have reviewed the content and determined it is accurate, appropriate, and legally permissible for your specific situation. You may not rely on AI drafts as legal advice or as a substitute for your own judgment. AI-generated content may contain errors, omissions, or statements that are inappropriate for your specific circumstances.

4.3 Legal Compliance

You are responsible for ensuring your use of Fielded complies with:

• All applicable federal, state, provincial, and local landlord-tenant laws in the jurisdiction(s) where your properties are located
• The Fair Housing Act and applicable state and local fair housing laws, including the requirement to treat all tenants equally regardless of protected characteristics
• The Telephone Consumer Protection Act (TCPA) and applicable state SMS communication laws
• All applicable privacy laws regarding tenant personal information
• Your lease agreements and any obligations arising from them

4.4 Landlord Consent Representation

For each tenant phone number you add to Fielded, you represent that you have obtained the tenant’s permission to communicate with them via SMS at that number for purposes related to their tenancy. Messages may be drafted with AI assistance and sent under your authority. You are responsible for ensuring valid consent under applicable laws including TCPA, CASL, and CTIA Messaging Principles. Tenants may opt out at any time by replying STOP. You are also responsible for ensuring tenants are informed that communications may be AI-assisted and automatically logged.

4.5 Prohibited Uses

You may not use Fielded to:

• Harass, threaten, intimidate, or discriminate against tenants
• Send communications that violate fair housing laws
• Engage in retaliatory communications against tenants exercising legal rights
• Send unsolicited commercial communications (spam)
• Transmit false or misleading information
• Violate any applicable law or regulation
• Attempt to reverse-engineer or circumvent the Service’s security measures
• Resell access to the Service without authorization

5. Autopilot Feature

The Autopilot feature allows certain message types to be sent automatically without individual landlord review. By enabling Autopilot:

• You explicitly authorize Fielded to send messages on your behalf without individual review for the message categories you have enabled
• You accept sole and complete responsibility for all automatically sent messages and their content
• You confirm you have reviewed the AI response style and templates and are satisfied they represent your communications appropriately
• You acknowledge that Fielded provides no warranty regarding the accuracy or appropriateness of automatically sent content for your specific circumstances
• Your acceptance of these terms is logged with a timestamp and IP address as a record of your authorization

Autopilot is currently limited to payment-related message categories. Even with Autopilot enabled, urgent, maintenance, legal, and lease-related messages always require your review and approval.

6. AI-Generated Content Disclaimer

Fielded uses third-party artificial intelligence technology (Anthropic’s Claude) to generate draft message responses. You acknowledge and agree that:

• AI-generated drafts are suggestions only and do not constitute legal advice
• AI-generated content may be inaccurate, incomplete, inappropriate, or unsuitable for your specific legal or factual situation
• Fielded makes no warranty, express or implied, regarding the accuracy, reliability, or legal compliance of AI-generated content
• You are solely responsible for reviewing, editing if necessary, and approving all AI-generated content before sending
• Fielded is not responsible for any consequences arising from approved or auto-sent AI-generated messages
• AI responses are marked with a disclosure (“AI-assisted”) when delivered to tenants

7. Subscription, Billing, and Payment

7.1 Free Trial

New accounts receive a 14-day free trial. A valid payment method is required to begin the trial and provision your Fielded number. You will not be charged during the trial period. If you do not cancel before the trial ends, your payment method will be charged the applicable subscription fee.

7.2 Subscription Plans

Fielded offers several subscription tiers (Starter, Growth, Pro, and Scale) with different features, unit limits, and pricing. Current pricing is available at tryfielded.com/pricing. We reserve the right to change pricing with 30 days’ notice to existing subscribers.

7.3 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are in US dollars unless otherwise stated
• You authorize us to charge your payment method on each billing date
• Failed payments may result in service suspension after a 3-day grace period
• We do not issue refunds for partial periods except as required by applicable law

7.4 Cancellation

You may cancel your subscription at any time through the billing portal in Settings. Cancellation takes effect at the end of your current billing period. You retain access to the Service through the end of the paid period. Your Fielded number will be released upon cancellation. Message history will be retained for 30 days after cancellation.

8. Phone Numbers

• Your Fielded phone number is provisioned through Twilio and remains the property of Twilio/Fielded. You are granted a license to use the number during your active subscription
• Fielded phone numbers may not be transferred, ported, or used outside the Fielded platform
• Your Fielded number will be released if your subscription lapses or is cancelled
• Fielded is not responsible for the unavailability of specific area codes or phone numbers
• You may not use your Fielded number for purposes other than landlord-tenant communication

9. Intellectual Property

The Fielded platform, including its software, design, trademarks, and content, is owned by Fielded Technologies Inc. and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

You retain ownership of all content you create and all tenant data you input into the Service. You grant Fielded a limited license to process, transmit, and store this content solely to provide the Service.

10. Limitation of Liability

This limitation applies to all claims regardless of the legal theory on which they are based, including contract, tort, negligence, strict liability, or any other legal or equitable theory.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fielded, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) content you create, send, or approve through the Service; (c) your violation of these Terms; (d) your violation of any applicable law, including fair housing or landlord-tenant laws; (e) your use of the Autopilot feature; or (f) any claim by a tenant arising from communications sent through your Fielded account.

13. Termination

Either party may terminate the Service relationship at any time. We reserve the right to suspend or terminate your account immediately and without notice if we determine you have violated these Terms, engaged in abusive or fraudulent activity, or if required by law.

Upon termination, your right to use the Service ceases immediately. Sections 4, 6, 10, 11, 12, 13, and 14 survive termination.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from or related to these Terms or the Service shall be resolved exclusively in the courts of the Province of Ontario, Canada. You consent to the personal jurisdiction of such courts and waive any objection to venue.

If you are a consumer in a jurisdiction that does not permit the above dispute resolution provision, the laws of your jurisdiction may apply to the extent required.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days’ notice of material changes by email. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your subscription before the effective date.

16. General

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Fielded regarding the Service
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor entity
• Force Majeure: Neither party is liable for delays caused by circumstances beyond their reasonable control

17. SMS Messaging Disclosures

As part of the Fielded service, you may receive SMS messages from Fielded sent to your registered personal phone number. These messages include tenant approval requests, urgent alerts, and account notifications.

• Program name: Fielded
• Msg & data rates may apply. Standard message and data rates from your carrier may apply to messages sent to and from your personal phone number.
• Message frequency varies based on tenant activity on your account.
• Reply HELP to any Fielded message for assistance, or contact us at hello@tryfielded.com.
• Reply STOP to opt out of Fielded SMS notifications. Note that opting out will disable approval request delivery to your phone, which may affect your ability to manage tenant communications.

18. Contact