Terms of Service

📜 1. Agreement & Overview

These Terms of Service ("Terms") govern your access to and use of FieldSmith ("Service"), developed and operated by Adam Murphy (FieldSmith Project). By creating an account, enabling call forwarding (*72), installing the mobile application, or purchasing a subscription, you agree to be bound by these Terms.

If you are using FieldSmith on behalf of a contracting business, trade company, or corporate entity, you represent that you have the authority to bind that entity to these Terms.

📞 2. Telephony & Carrier Call Forwarding

FieldSmith operates in conjunction with standard carrier telephony features:

• Forwarding Activation (*72) & Deactivation (*73): You are responsible for dialing your cellular carrier's unconditional or conditional call forwarding codes (*72 or carrier equivalent) to route calls to your dedicated FieldSmith AI number. Dialing *73 returns call answering directly to your mobile handset.
• Carrier Charges: Standard airtime, forwarding, and messaging rates from your wireless carrier (Verizon, AT&T, T-Mobile, etc.) may apply to forwarded calls. FieldSmith is not responsible for wireless carrier billing fees.
• Number Ownership: FieldSmith provides an operational virtual routing number for AI screening. You do not acquire ownership or porting rights to temporary inbound gateway numbers unless explicitly provisioned under an enterprise 10DLC agreement.

Regulatory Classification — Information Service Provider: FieldSmith provides an automated software, voice evaluation, and call-screening information service. FieldSmith is not a telecommunications carrier, common carrier, mobile wireless provider, or public utility under the Communications Act of 1934 or state public service regulations. All underlying telecommunications transport, voice trunking, and SMS routing are provisioned through independent, regulated third-party carrier partners.

🤖 3. Automated AI Screening & Answering Disclaimer

Contractor retains sole professional discretion for reviewing lead dossiers, approving quotes, executing contracts, and performing on-site trade work. FieldSmith does not guarantee specific job close rates or revenue outcomes.

Role of Technical Intermediary & Processor: You acknowledge and agree that FieldSmith acts strictly as a technology vendor, technical intermediary, and automated processor operating upon your specific instruction and configuration. You represent and warrant that you possess all legal authority required to receive, forward, transcribe, and log calls directed to your business lines, and that your deployment of FieldSmith complies with all applicable local, state, and federal electronic communications laws.

Proprietary Rights & Processing License: You retain ownership of your contractor profile, customer dossiers, and business data. However, by utilizing the Service, you grant FieldSmith a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and transmit call audio, transcripts, and inputs solely as necessary to operate the platform. You further grant FieldSmith the right to compile and utilize anonymized, aggregated statistical data and AI benchmark telemetry derived from system operations, provided such data cannot identify you or your callers.

🚨 4. Urgent Contractor Intake & Property Hazard Disclaimer

While FieldSmith assists contractors in prioritizing urgent inquiries (such as plumbing leaks, HVAC failures, or electrical faults), FieldSmith makes NO WARRANTY OR GUARANTEE that calls, SMS messages, or GPS telemetry will be delivered in real-time, error-free, or without carrier-level delay or failure. IN NO EVENT SHALL FIELDSMITH BE LIABLE FOR ANY WATER INTRUSION, PROPERTY DAMAGE, STRUCTURAL DAMAGE, MOLD, ELECTRICAL FIRE, OR THE DELAY OR FAILURE OF A CONTRACTOR TO RESPOND TO AN INTAKE REQUEST. GPS pin drops and caller locations are strictly advisory and depend entirely on third-party mobile hardware, cell tower triangulation, and caller browser permissions.

⚖️ 5. Automated Telemarketing Defense & Compliance Logging

FieldSmith includes an automated telemarketing defense engine that logs caller metadata, automated transcripts, and publicly available corporate registry filings for incoming commercial calls identified as unauthorized solicitations.

No Legal Representation: FieldSmith provides objective technical records for evidentiary logging purposes only. FieldSmith is not a law firm, does not provide legal advice, and makes no representations regarding the legal viability, merits, or statutory recovery under the Telephone Consumer Protection Act (47 U.S.C. § 227), the Florida Telemarketing Act (F.S. § 501.616), or the Florida Telephone Solicitation Act (FTSA).

💳 6. Subscriptions, Billing, Cancellation & 30-Day Guarantee

• Solo Plan & Recurring Monthly Billing: The FieldSmith Pro Solo plan is offered as a recurring subscription billed monthly at $49.99 USD per month. Recurring charges are processed automatically every thirty (30) days to the payment method on file via Stripe until explicitly cancelled. The solo plan includes up to 125 inbound AI-screened calls per billing cycle. Additional call top-up packs (+100 calls for $19.99, +250 calls for $39.99) may be purchased inside the companion app and do not expire.
• Cancellation Policy — Anytime Without Penalty: You retain complete freedom to cancel your subscription at any time without fees, cancellation charges, or penalties. Web subscriptions billed via Stripe can be cancelled at any time through the self-service Stripe Customer Portal link included in your email receipt, or by sending an email with your account details to support@fieldsmith.pro. Cancellation halts all future scheduled renewals, and you will retain uninterrupted access to FieldSmith through the end of your current paid billing month.
• 30-Day Jobsite Guarantee & Refund Policy: We stand behind FieldSmith with our 30-Day Jobsite Guarantee. Put FieldSmith on your business for thirty (30) calendar days. If it doesn't catch at least one project you would have lost to voicemail or save you five (5) or more hours of phone tag, email support@fieldsmith.pro within thirty (30) days of your initial purchase for a full, immediate 100% refund. No hassle, no friction.
• Google Play Store Subscriptions: For subscriptions initiated directly inside the Android mobile app via Google Play In-App Billing, subscription management, renewals, and refunds are administered directly through Google Play Store > Subscriptions in accordance with Google Play developer policies.

🛡️ 7. Limitation of Liability & Comprehensive Indemnification

MAXIMUM LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIELDSMITH, ADAM MURPHY, OR THEIR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, MISSED CONTRACTS, OR TELECOMMUNICATION CARRIER OUTAGES.

IN ALL CIRCUMSTANCES, FIELDSMITH’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD); OR (B) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO FIELDSMITH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Contractor Indemnification: You agree to defend, indemnify, and hold harmless FieldSmith from and against any third-party claims, liabilities, losses, damages, statutory fines, and legal expenses (including reasonable attorney fees) arising out of or related to: (i) your trade contracting operations and on-site performance; (ii) your failure to provide legally required call-recording notices under applicable state two-party consent statutes; (iii) any violation by you of the TCPA, CAN-SPAM, or state telemarketing laws; or (iv) your collection, handling, or disclosure of end-customer data.

No Third-Party Beneficiaries: These Terms are entered into solely between you (the Contractor) and FieldSmith. Nothing expressed or implied in these Terms is intended or shall be construed to confer upon or give to any third party (including your inbound callers, customers, homeowners, or prospective leads) any rights, remedies, claims, or causes of action under or by reason of these Terms or the services provided herein.

🏛️ 8. Mandatory Binding Arbitration & Class Action Waiver

MANDATORY ARBITRATION: Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the breach thereof shall be resolved exclusively through final, confidential, and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Polk County, Florida. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND FIELDSMITH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND SHALL NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

MANDATORY PRE-DISPUTE INFORMAL RESOLUTION & NOTICE: Prior to initiating any formal arbitration, administrative complaint, or legal proceeding, the aggrieved party must deliver a written Notice of Dispute via email to legal@fieldsmith.pro (or adam@fieldsmith.pro). The Notice must describe the specific factual basis of the claim, the relevant contractual or statutory provisions, and the exact monetary relief requested. The parties agree to engage in good-faith informal negotiations for a mandatory period of thirty (30) calendar days following receipt of the Notice. No arbitration or legal proceeding may be initiated until this 30-day informal resolution period has expired. Any proceeding filed in violation of this requirement shall be immediately stayed or dismissed, and the filing party shall bear all reasonable attorney fees and costs incurred by the defending party.

Severability & Entire Agreement: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy, constitute the entire agreement between you and FieldSmith concerning the Service and supersede all prior or contemporaneous communications, representations, or understandings, whether oral or written.

📱 9. SMS Messaging Terms & Conditions (A2P 10DLC Compliance)

FieldSmith (developed by Adam Murphy) provides an SMS notification and customer care service on behalf of independent trade contractor subscribers. By opting into SMS notifications or requesting services via our platform, you agree to these SMS Messaging Terms:

• Program Name: FieldSmith Customer Care & Contractor Dispatch.
• Program Description: Transactional text messaging for customer estimate follow-ups, appointment reminders, project consultation confirmations, and project photo intake.
• Cancellation & Opt-Out (STOP): You can cancel the SMS service at any time. Simply text STOP to any text message from us. After texting STOP, we will send an SMS to confirm that you have been unsubscribed, and you will no longer receive text messages from that number.
• Customer Support (HELP): For assistance or support, reply HELP to any message or contact our team at support@fieldsmith.pro or visit fieldsmith.pro.
• Message Frequency: Message frequency varies depending on your active service requests and contractor correspondence.
• Rates: Standard message and data rates may apply for any messages sent to you from us or to us from you.
• Carrier Liability: Carriers are not liable for delayed or undelivered messages.
• Privacy & Non-Sharing: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories of personal information exclude text messaging originator opt-in data and consent; this information will not be shared with or disclosed to any third parties under any circumstances. Please review our Privacy Policy for full disclosures.

♿️ 10. Accessibility & ADA Notice

FieldSmith is committed to digital accessibility and strives to conform to Web Content Accessibility Guidelines (WCAG) 2.1 AA standards. If you encounter any accessibility barriers or require assistance using our mobile platform or website, please contact our support team at support@fieldsmith.pro. We will promptly provide the requested content in an accessible format.

✉️ 11. Contact Us

If you have any questions or legal inquiries regarding these Terms, please reach out to: