Terms of Service
Effective date: October 2025
By accessing or using this website and Fieldmark XAV services ("Services"), you agree to these Terms of Service. If you do not agree, please do not use the Services.
1. Use of Services
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
- To impersonate or attempt to impersonate Fieldmark, a Fieldmark employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
2. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password.
3. Subscriptions and Billing
Some parts of the Services are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (such as monthly or annually).
At the end of each billing period, your subscription will automatically renew unless you cancel it or we cancel it. You may cancel your subscription renewal through your account settings or by contacting our support team.
A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing information.
4. Refunds
Except when required by law, paid subscription fees are non-refundable. We may, at our sole discretion, issue refunds on a case-by-case basis.
5. Intellectual Property
The Services and their original content, features, and functionality are and will remain the exclusive property of Fieldmark and its licensors. The Services are protected by copyright, trademark, and other laws.
Our trademarks may not be used in connection with any product or service without the prior written consent of Fieldmark.
6. Limitation of Liability
In no event shall Fieldmark, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services;
- Any conduct or content of any third party on the Services;
- Any content obtained from the Services; and
- Unauthorized access, use, or alteration of your transmissions or content.
7. Disclaimer
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
8. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Services will immediately cease.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of Canada, without regard to its conflict of law provisions.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Effective date" at the top.
Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
Contact Us
If you have any questions about these Terms, please contact us at: legal@fieldmark.io