Terms and conditions



Purpose The purpose of this document is to provide the content for the terms and conditions page that will be used for the FieldVibe application.

Content

This chapter will contain the information that will be displayed in the page:

1. Introduction

Thank you for using FieldVibe. Please read these Terms of Service and our Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to both our mobile software application and web application, through which all or some of our Service may be made accessible to you;
“FieldVibe” refers to our company, known as “Mobiversal SRL”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our App and our Site itself;
“Site” refers to our website, www.fieldvibe.com;
“User” refers to anyone who uses our Service, including those who use our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with FieldVibe
“Company” refers to the company, NGO, public institution or any other entity that you represent and for which you opened a FieldVibe account.
“Team lead” refers to a user that has been added to a Company account.
“Subscription” refers to the period of time during which Users are permitted to use the Services, as specified in the applicable Rules of use and including all renewals or extensions thereof.
“SMS plan” refers to SMS packages that are auto-renewed monthly

3. How FieldVibe works

FieldVibe is a cloud based platform, designed for field service companys, that helps them with job scheduling and team lead dispatching. FieldVibe is currently available on iOS and Android.
How do SMS reminders work in FieldVibe (iOS vs Android)?
After purchasing an SMS plan, the reminders are sent via a third-party SMS delivery system (Nexmo).
FieldVibe uses a robust SMS delivery system with nearly 100% delivery rate. It doesn’t matter on which device you’re using the app, we make sure your reminders are always sent out. Company admins are able to purchase SMS plans. Any admin can activate the SMS reminder subscriptions by purchasing one of the below SMS plans.
Only one SMS plan can be active at a time, and it can be canceled or downgraded at any time.
SMSs that are not consumed in a month will be transferred to the next month. Depending on the length of the reply or the elements used (Unicode charset, e.g. Emojis), a certain number of messages will be consumed.

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

5. Nature of Service

FieldVibe believes that its Service is useful for the management of field teams. You agree that you are solely responsible for determining whether the use of our Service is right for you, and you agree to release FieldVibe from any liability relating to your use of our Service.

6. Rules of use

You must not:

7. Payments and Refunds

FieldVibe offers two types of paid services:
- Multiple team leads
- SMS reminders

7.1. Multiple team leads subscription
FieldVibe gives you access to a free account, which will let users add up to 2 team leads (one is the admin, so another one can be added). This way, the account does not have SMS reminders included, but the company admin will be able to purchase SMS reminder plans.

In order to add the third team, FieldVibe will require the company admin to activate a paid subscription.

This auto-renewable subscription, that can be purchased from within the app, is tied to the number of team leads the company has. Having 1 or 2 team leads, the company will NOT require a subscription, which means is free. When the company admin adds a new team lead (starting from the third), he also needs to activate or upgrade his subscription.

The subscription will be a monthly fee for each team lead starting from the third one, with increments of approximately $29.00. Due to some restrictions for setting up the price, the amount to be paid will be less that a multiplier of $29.

The following table will list two prices: one is the amount calculated by multiplying the number of teams with the standard price per team ($29), while the next column will show exactly the price that users are going to pay in FieldVibe (bolded column) for the respective number of teams.

Number of teams Pay as you go price ($29 multiplied by number of teams) In app price (App Store & Google Play)*
1 FREE FREE
2 FREE FREE
3 $29 $28.99
4 $58 $57.99
5 $87 $86.99
6 $116 $115.99
7 $145 $144.99
8 $174 $169.99
9 $203 $199.99
10 $232 $229.99
11 $261 $259.99
12 $290 $289.99
13 $319 $299.99
14 $348 $329.99
15 $377 $349.99
16 $406 $399.99
17 $435 $399.99
18 $464 $449.99
19 $493 $449.99
20 $522 $499.99
21 $551 $499.99
22 $580 $499.99
23 $609 $599.99
24 $638 $599.99
25 $667 $599.99
26 $696 $599.99
27 $725 $699.99
28 $754 $699.99
29 $783 $699.99
30 $812 $799.99
30+ $841 $799.99


*These prices are in US Dollars. You will be charged in the currency of you Google / iTunes account at the exchange rate provided by Apple and Google, respectively.
For each paid team lead, the company will receive 10 SMS reminders/month.

7.2. SMS reminders
FieldVibe uses a robust SMS delivery system with nearly 100% delivery rate. It doesn’t matter on which device you’re using the app, we make sure your reminders are always sent out. Company admins are able to purchase SMS plans. Any admin can activate the SMS reminder subscriptions by purchasing one of the below SMS plans.
Only one SMS plan can be active at a time, and it can be canceled or downgraded at any time. Below are the plan options:
SMSs that are not consumed in a month will be transferred to the next month. Depending on the length of the reply or the elements used (Unicode charset, e.g. Emojis), a certain number of messages will be consumed.

7.3. More information about plans
More information on what features go into each plan can be found on our Pricing page.
- Payment will be charged to iTunes Account/Google Play at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal with the regular fee you opted for, within 24-hours prior to the end of the current period
- Subscriptions may be managed by the user and auto-renewal may be turned off in your Apple/Google Account Settings after purchase

There will be no refunds or credits for partial months of service, upgrade/downgrade plan, or for months unused with an open account. All fees are exclusive of all taxes or duties imposed by the governing authorities. You alone are responsible for payment of all such taxes or duties. In case of an upgrade or downgrade of your plan, your credit card will be charged with the new amount in the next billing cycle (on the date you have upgraded your plan).

Modifications to the Service and Prices
  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 1 day notice from us. Such notice may be provided at any time by posting the changes to the FieldVibe site or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.


8. Third Party Charges

Because FieldVibe is a mobile App, downloading and/or using it may incur additional fees from your mobile provider for data use or other charges. You agree that FieldVibe is not responsible for these charges and you are advised to contact your mobile provider to ensure that you are aware of what using our Service will cost you.

9. Our Copyright

FieldVibe must preserve the uniqueness of our content because it distinguishes us from our competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

10. Trademarks

“FieldVibe” and “Mobiversal” are trademarks used by us, Mobiversal SRL, to uniquely identify our Site, Service, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our app and website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law or intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.

11. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

12. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE (INCLUDING SERVICE INTERRUPTIONS OR TECHNICAL GLITCHES), NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING ANY THIRD PARTY APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR WHAT MAY OCCUR AS A RESULT OF YOUR DECISION TO SHARE YOUR DATA WITH OTHER USERS OR ANY OTHER THIRD PARTIES.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICE OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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”. YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

13. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

14. Choice of Law

This Agreement shall be governed by the laws in force in Romania. The offer and acceptance of this contract are deemed to have occurred in Romania.

15. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Romania. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes involving only parties within the European Union (except Denmark) shall be heard solely according to the European Small Claims Procedure (“Small Claims Court”) in accordance with Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (see http://www.eccromania.ro/media/pdf/small-claims.pdf-EN.pdf for more information).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court. If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small CLaims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of the drafting this Agreement, the monetary jurisdiction of the Small Claims Court is 2000 Euros.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs and disbursements.

16. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

17. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, FieldVibe shall have the sole right to elect which provision remains in force.

18. Non-Waiver

FieldVibe reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

19. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

20. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

21. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will email you, if your email address is registered, that there has been a change and update this page accordingly. Your continued use of our Service shall constitute your acceptance of any such amendments.

22. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints or inquiries about FieldVibe must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request at support@fieldvibe.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Last modified: June 20, 2019