Terms of Service

1. Agreement to These Terms

These Terms of Service constitute a legally binding agreement between you and NowX5 Studios, Inc.(“Company,” “we,” “us,” or “our”), the owner and operator of Fieldset (the “Service”). They govern your access to and use of the Service, which includes getfieldset.io and its subdomains, the Fieldset web application and installable app, our application programming interfaces (“APIs”) and agent (MCP) endpoints, and every page, share link, document, file and email that we generate, host or send through them.

You accept these Terms when you check the box agreeing to them, which we ask you to do when you create an account and before you first use the Service, including a demonstration, trial or evaluation account, and again when we make a material change to them. Using the Service also confirms your acceptance. If you do not agree, do not use the Service.

If you use the Service on behalf of a brokerage, company or other organization, you represent that you have authority to bind that organization, and “you” and “Customer” refer to that organization as well as to you. If you and the Company have signed a separate order form, enterprise proposal or other written agreement for the Service, that agreement controls over these Terms to the extent they conflict, and only for the subject it covers.

People who view public pages or share links without an account (“Visitors”) are bound by these Terms to the extent they apply to that use, including Sections 7, 12, 14, 15 and 20 through 24.

2. Definitions

• “Account” means the login credentials and workspace issued to an individual user of the Service.
• “Authorized User” means an individual whom a Customer permits to use the Service under its subscription, including holders of enterprise seats and co-administrators.
• “Customer Content” means data, text, images, documents, contacts and other material that you or your Authorized Users upload, enter, import or connect to the Service, including listings, photos, floor plans, leases, comparables, surveys, notes, deal and commission records, and branding.
• “Generated Materials” means the flyers, brochures, decks, surveys, comparable reports, client reports, e-mail campaigns, social images, invoices and other files and pages that the Service produces for you from Customer Content.
• “Output” means content produced by the Service’s artificial-intelligence features.
• “Public Content” means Customer Content and Generated Materials that you publish or make available without sign-in, such as listing pages, broker profiles, company pages and flyer links.
• “Share Link” means a URL that grants access to a survey, shortlist, comparable set, client report, map, proposal or similar material to anyone who holds it, subject to any password or access code you set.
• “Third-Party Services” means products, data and services provided by anyone other than the Company, including those integrated into the Service.

3. Eligibility and Professional Use

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is designed for professionals and businesses working in commercial real estate, primarily in the United States; it is not intended for personal, family or household use. You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if we have previously terminated your Account.

You represent that you hold, and will maintain, every real estate license and registration that your activities require, and that the license and company information you give us is accurate. The Company is a software provider. It is not a real estate broker, does not represent any landlord, tenant, buyer or seller, is not a party to any transaction you arrange, and does not verify licenses, listings or the identity of the people you deal with.

4. Accounts, Teams and Security

You must give accurate registration information and keep it current. Each Account is for one named individual: you may not share your login (except a demonstration account we provide for several people to use, as described below), and each paid seat may be assigned to only one person at a time. You are responsible for keeping your credentials and API keys confidential and for all activity under your Account. Tell us promptly at support@getfieldset.io if you suspect unauthorized use.

Organizations and administrators

On enterprise and team plans, the Customer’s administrators and co-administrators control who holds a seat and may be able to view, manage, reassign, export or delete the content and activity of the Authorized Users in their organization, including listings, deals, commission records and communications. Authorized Users acknowledge that work they do in an organization’s workspace is available to that organization. When a seat is removed, content created in the organization’s workspace remains with the organization unless the Customer decides otherwise. The Customer is responsible for its Authorized Users’ compliance with these Terms.

Administrator sign-in and support access

An organization’s administrators may sign in as an Authorized User who holds a seat in their organization in order to help that user or manage the organization’s work; each such session is recorded. Authorized Company personnel may access Account data where needed to provide support you request, to investigate security incidents, abuse or suspected violations of these Terms, to maintain the Service, or as required by law, and that access is limited to personnel who need it.

Session security

We may end sessions, require you to sign in again (for example, before you create an API key), and sign out open windows whose session has ended or been revoked.

Demonstration, trial and evaluation accounts

We may provide demonstration, trial or evaluation accounts. Their content may be fictitious, may be reset or deleted at any time, and is provided as is, without any commitment of availability.

No one may use a demonstration account without first accepting these Terms. Where several people use one demonstration login, each of them must accept these Terms individually, giving their own name and e-mail address, and each is personally bound by them. Everyone who uses a demonstration, trial or evaluation account is bound by these Terms in full, including the restrictions in Sections 14 and 15 and the confidentiality obligations in Section 18, whether or not they or their organization ever subscribe.

5. Subscriptions, Fees and Payment

Access to the Service requires a paid subscription, unless we have granted you complimentary access, a trial or promotional free months. Prices, plan features and seat counts are shown when you subscribe or in your order form.

Payment

Payments are processed by our payment processor, Stripe, Inc. By subscribing you authorize us and Stripe to charge the payment method you provide for all fees when due. Stripe’s terms and privacy policy apply to the payment information you give it; we do not receive or store your full card number.

Automatic renewal

Your subscription renews automatically at the end of each billing period (monthly or annual, as you selected) for another period of the same length, and we will charge your payment method the then-current price at the start of each renewal period, until you cancel.

You can cancel at any time online from the billing area of the Service. Cancellation takes effect at the end of the current billing period, and you keep access until then. Where the law requires it, we will remind you before an annual subscription renews and before a free or promotional period converts to a paid one.

Trials, promotions and coupons

When a free trial or promotional period ends, your subscription converts to a paid subscription automatically unless you cancel before it ends. Promotional codes and coupons have no cash value, cannot be transferred or combined unless we say so, and may be withdrawn if obtained or used improperly.

Seats and add-ons

Enterprise fees are charged per seat, and every person who holds a seat counts toward the total, including administrators. Adding seats is billed as shown at the time of the change, which may include a prorated charge. Fees for co-administrators and seats are billed to the organization’s primary billing account. Some add-ons and one-time features carry separate fees, which we will show you before you are charged.

Price changes

We may change our prices. We will give you at least 30 days’ notice by e-mail or in the Service, and the new price will apply from your next renewal. If you do not agree, you may cancel before the change takes effect.

Taxes

Fees do not include sales, use, value-added or similar taxes. You are responsible for those taxes, other than taxes on our income, and we will add them to your invoice where we are required to collect them.

Refunds

Except where the law requires otherwise or we state otherwise in writing, fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused seats, downgrades or periods in which you did not use the Service.

Late and disputed payments

If a payment fails, we may retry the charge and, after notice, restrict access to the Service until the balance is paid. If you believe a charge is wrong, contact us at support@getfieldset.io within 60 days of the charge so we can resolve it; opening a payment dispute with your card issuer without first contacting us may lead to suspension of your Account. Fees charged directly by Third-Party Services you connect (for example, your e-mail marketing or file storage provider) are your responsibility.

6. Your Content

Ownership

As between you and the Company, you own your Customer Content. We claim no ownership of your listings, photographs, documents, contacts, comparables or deal records.

License to operate the Service

You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, adapt (for example, by resizing, enhancing or reformatting photos, converting files, or extracting data with automated tools) and create derivative works of your Customer Content, solely as needed to provide, secure, support and improve the Service and to publish Public Content and Generated Materials where and as you direct. This license ends when you delete the content or your Account, except for copies held in backups for a limited period, copies already delivered to people you shared them with, and copies we must keep by law.

Your responsibilities

You represent and warrant that:

• you own or have every right, license and consent needed to upload and use your Customer Content in the Service, including photographs taken by others, logos, floor plans and any data obtained from third-party databases, listing services or information providers, whose license terms you must follow;
• your listings, marketing and communications are accurate and not misleading, and comply with applicable law, including fair housing and anti-discrimination laws and the advertising and disclosure rules of your real estate licensing authority;
• photographs you enhance, edit or stage, with the Service’s tools or otherwise, do not misrepresent a property’s condition, and carry any disclosure the law or your licensing authority requires; and
• you have given every notice and obtained every consent the law requires for the personal information you put into the Service.

Do not upload government identification numbers, financial account numbers or other sensitive personal information except where a feature is designed to hold it (for example, a W-9 form attached to a commission record), and then only what is necessary.

What we will not do

We do not sell Customer Content, and we do not disclose your comparables, deal terms, commission records or contacts to other customers, except as you direct through sharing features or as these Terms otherwise allow. We may compile aggregated, de-identified statistics about how the Service is used (for example, feature usage and performance) that do not identify you, your clients or any individual, and use them to operate and improve the Service.

Backups

We back up the Service for continuity, but we do not guarantee that content can always be recovered. You are responsible for keeping your own copies of content that matters to you.

7. Sharing, Public Pages and Visitors

Share Links

Anyone who holds a Share Link can open the material behind it unless you protect it with a password or access code, and we cannot stop recipients from forwarding it. Passwords, access codes and off-market settings reduce that risk but do not eliminate it. You decide what to share and with whom, and you can revoke links you no longer want active.

When a Share Link is opened, the Service records when and how often it was opened and may notify the broker who shared it. Likes, passes, notes and other responses left on a shared survey are delivered to that broker.

Public Content

Published listings, broker profiles, company pages and flyer links are public. They may be indexed by search engines and AI assistants, and copies may be cached by third parties beyond our control even after you unpublish them. When you hide or unpublish a listing, its address may continue to show a notice that the property is unavailable, together with your contact details, an inquiry form and other listings from your firm.

Collaborators

When you share listings, surveys or comparables with other users, including users at other firms, they can see them and, where you grant editing rights, change them. Some sharing defaults to collaborative editing; review the permissions before you share.

Information for Visitors

Property information, pricing, availability, surveys, comparables and reports shown in the Service are provided by the brokers who publish them. The Company does not verify that information, it is not an offer, and it may change or be withdrawn without notice. Rely on it only after confirming it with the broker and through your own investigation.

When you submit an inquiry, tour request or message through a public page, the information you provide is delivered to the broker or brokers responsible for the listing and their firm, and is stored in the Service so they can reply to you and keep a record of the conversation. Confidentiality agreements presented before restricted materials are agreements between you and the listing broker or owner; the Company is not a party to them. When you sign one, we record your name, e-mail address, the time of signing, your IP address and browser information, which appear on the executed agreement delivered to the broker, so that the materials can be released to you.

8. E-mail Marketing, Messages and Contacts

Your e-mail campaigns

When you send e-mail through the Service, including e-mail campaigns, announcements, survey links and replies to inquiries, you are the sender and are responsible for complying with the CAN-SPAM Act and every other law that applies to your messages and recipients. In particular, you must:

• send only to people you have a lawful basis to contact, and never to purchased, rented, harvested or scraped lists;
• use accurate sender information and subject lines that are not misleading;
• make sure every message identifies you as the sender and carries a valid physical postal address; and
• honor unsubscribe requests promptly, and in any event within 10 business days.

The Service adds an unsubscribe link (including one-click unsubscribe) to campaigns and stops sending your campaigns to recipients who unsubscribe from you. We set daily sending limits, and we may pause or cancel sends, or suspend sending features, where bounce or complaint rates suggest a list was not obtained lawfully.

Open and click tracking

Campaigns sent through the Service contain a small image (a “pixel”) and links routed through our servers, each tied to the individual recipient, that record whether, when and how often the message was opened and its links were clicked. Our e-mail provider also reports whether each message was delivered, bounced or marked as spam. These results are shown to the sender. You are responsible for telling your recipients about this where the law requires it.

Contacts

You decide which contacts to create in the Service or sync from a connected CRM, and you represent that you collected them lawfully. We process contacts only on your behalf, as described in Section 13. If you call or text contacts obtained through the Service, you are responsible for complying with the Telephone Consumer Protection Act and do-not-call rules.

Messages from us

We send service messages about your Account, security, billing, activity and changes to these Terms; you cannot opt out of these while your Account is active. Digests, recaps and push notifications can be turned off in your settings or your device. You may unsubscribe from marketing e-mail from us at any time using the link in the message.

9. Artificial-Intelligence Features

The Service includes features that use artificial intelligence, for example to extract information from leases, brochures, comparables and deal documents; draft and rewrite listing, flyer, e-mail and social-media copy; tag and sort photographs; and describe nearby amenities. These features send the relevant Customer Content to our AI provider (currently OpenAI) for processing.

• Review every Output. Output can be inaccurate, incomplete or out of date, and similar Output may be produced for other users. Check it before you rely on it, publish it or send it.
• Ownership. As between you and the Company, you own Output generated from your Customer Content, subject to our rights in the Service and its templates described in Section 15.
• No model training on your content. We do not use Customer Content to train generative AI models. Our AI providers process it under business API terms that, as of the date of these Terms, do not permit them to use it to train their models.

10. Commission, Deal and Payroll Tools

Deal tracking, commission vouchers, splits, desk costs, installment schedules, invoices, payroll summaries, rent schedules and related reports are recordkeeping and calculation tools. The Company is not a bank, money transmitter, escrow or closing agent, payroll provider, accountant, tax advisor or law firm. It does not hold, collect or transmit funds, and nothing in the Service is legal, tax, accounting or financial advice.

Results depend on the information and rules you or your organization enter, and data extracted from documents may be misread. You must verify every amount, date and term before paying, invoicing, reporting or filing anything. Invoices and documents generated by these tools are issued by you, in your name, and you remain responsible for tax reporting, commission and wage laws, and your brokerage and co-brokerage agreements.

11. Third-Party Services and Data

The Service integrates Third-Party Services such as mapping, geocoding, demographic data, payment, AI, e-mail and file-storage providers. Your use of them through the Service is also subject to their terms. We are not responsible for Third-Party Services, and they may change or stop being available.

• Google Maps. Parts of the Service use Google Maps Platform. By using those features, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service and acknowledge the Google Privacy Policy.
• Licensed data. Demographic, parcel, property, geographic and map data supplied by our licensors (for example Esri, Regrid, Estated, Mapbox and Google) is licensed to us, not sold to you. You may use it within the Service and in the Generated Materials you create with it, but you may not extract it in bulk, store it outside the Service as a dataset, or remove its attributions.
• Connected accounts. When you connect an account with a Third-Party Service (for example Mailchimp, HubSpot, Salesforce, Pipedrive or Dropbox), you authorize us to access that account and act in it as needed for the features you use, such as syncing contacts and leads or creating draft campaigns, and you can disconnect it at any time.
• No affiliation. The Company is not affiliated with or endorsed by commercial real estate listing services or information providers whose names or content may appear in the Service. You must hold the rights to any of their content that you import or reference.

12. Cookies and Similar Technologies

Cookies are small text files a website stores in your browser. The Service also uses your browser’s local storage, a service worker cache, Google Analytics on public listing and survey pages and, in e-mail, tracking pixels and links. This section explains what we use and why. By using the Service you agree to our use of these technologies as described here.

No advertising cookies

We do not use advertising or cross-site tracking cookies, we do not let advertising networks track you on the Service, and we do not sell personal information or share it for cross-context behavioral advertising. If that changes, we will update these Terms before it does. The only analytics we use are described under “Analytics on public pages” below.

Cookies we set

All of our cookies are strictly necessary: the Service, or the feature in question, does not work without them. Except for the sign-in cookie, they are “HttpOnly,” which means the page’s scripts cannot read them.

Analytics on public pages

Public listing pages (including a listing’s amenities map and confidentiality agreement page) and survey pages use Google Analytics to count visits and understand how those pages are used: which pages are viewed, how the visitor arrived (for example from an e-mail campaign or a search engine), the device and browser, and an approximate location (city, region and country) that Google derives from the IP address. Google Analytics does not log or store IP addresses. The signed-in Service does not load it. We have turned off Google Signals and ad personalization, so this information is not used for advertising. If your browser sends a Global Privacy Control signal, Google Analytics is not loaded at all. You can also install the Google Analytics opt-out browser add-on. On those pages Google Analytics sets these cookies:

Local storage and offline cache

The Service keeps some information in your browser’s local storage, on your device only, for your convenience: your light or dark theme; the display name used to welcome you back on the sign-in page; view preferences such as collapsed panels, hidden columns and whether you have finished the tour of a shared survey; and unsaved work, such as a listing draft in progress and the status of documents being generated. It stays until you clear it, and clearing it only resets those conveniences. If you install the Service as an app, a service worker caches static files (such as code, icons and the offline page) so the app loads faster; it never caches your data or pages.

Third-party technologies

Some features load content from Third-Party Services, which may set or read their own cookies or collect device and usage data under their own privacy policies. These include maps (Mapbox, whose map software can send usage telemetry to Mapbox, and Google Maps), payment and billing pages hosted by Stripe (which uses cookies for security and fraud prevention), and the push-notification service of your browser or device (Apple, Google or Mozilla) if you turn notifications on.

Tracking in e-mail

Campaigns that our customers send through the Service contain per-recipient pixels and links that record opens and clicks, as described in Section 8. Turning off automatic image loading in your e-mail program prevents open tracking.

Your choices

You can block or delete cookies and local storage in your browser settings. If you block the cookies we set, listed above, you will not be able to sign in or open password-protected or gated material. Blocking the Google Analytics cookies does not affect how the Service works. You can turn off push notifications in your settings or your browser at any time.

Do Not Track and Global Privacy Control

There is no common standard for responding to browser “Do Not Track” signals, and the Service does not change its behavior when it receives one. We do not sell or share personal information for targeted advertising. When your browser sends a Global Privacy Control signal, we do not load Google Analytics, and we will also treat the signal as an opt-out request wherever the law requires.

13. Privacy Policy and Data Security

This Section, together with Section 12, is our Privacy Policy: it describes how we collect, use and share personal information.

What we collect and why

We collect the information you give us (such as your name, e-mail, phone, company and license details), Customer Content, billing details handled through Stripe, messages you exchange with us, technical information generated when you use the Service (such as IP address, browser type, device and log data, and records of requests made with API keys, which we keep for 90 days), and a record of each time you accept these Terms (the version accepted, the time, your IP address and browser information and, for a shared demonstration account, the name and e-mail address you give). We use this information to provide, secure, support and bill for the Service, to communicate with you, to prevent fraud and abuse, to improve the Service, to keep a record of the agreements made with us, and to comply with the law.

Customer Content containing personal information

For personal information in Customer Content, such as your contacts, leads, clients and co-brokers, you are the business that decides how it is used and we act as your service provider (or processor). We process it only to provide the Service to you and as you instruct through the Service, we do not sell it or use it for our own purposes, and we will help you respond to requests from the people it concerns where the law requires.

Service providers

We share information with service providers only as needed to run the Service:

• Hosting and infrastructure: Vercel (application hosting), Supabase (authentication and database), Cloudflare (file storage and document rendering) and Railway (document processing and job queue).
• Payments: Stripe.
• E-mail: Resend (sending e-mail, and receiving replies to inquiries).
• Analytics: Google Analytics, on public listing and survey pages only (pages viewed, referrer, device and approximate location), as described in Section 12.
• Artificial intelligence: OpenAI.
• Maps, property and demographic data: Google Maps Platform, Mapbox, Esri, Regrid, Estated and the U.S. Census Bureau, which receive addresses and locations you look up.
• Document processing: iLovePDF and apdf.io, which receive PDF files for conversion and compression.
• Accounts you connect: Mailchimp, HubSpot, Salesforce, Pipedrive and Dropbox, only when you connect them.

We may also disclose information when required by law or legal process, to protect the rights, safety and property of the Company, our users or the public, or in connection with a merger, acquisition or sale of assets, subject to these Terms.

Where data is processed

Information is processed primarily in the United States and may be processed in other countries where our service providers operate. If you use the Service from outside the United States, you consent to that transfer.

Security

We use reasonable administrative, technical and physical safeguards designed to protect your information, including encryption in transit and encryption of the CRM access tokens we store. No system is completely secure, and we cannot guarantee security. If we learn of a security incident affecting your information, we will notify you as the law requires.

Retention, access and deletion

We keep information for as long as your Account is active and afterward as described in Section 19, or longer where the law requires, except that a survey with no activity for six months (no edits, no opens and nothing from its recipients on its share links) is deleted automatically, together with its share links and recipient feedback. We email the survey’s owner at least a week before, and the owner can keep the survey for another six months. To access, correct, export or delete your information, or to close your Account, contact support@getfieldset.io. Depending on where you live, you may have additional rights under state privacy laws, and we will honor them as those laws require.

14. Acceptable Use

You will not, and will not help or allow anyone else to:

• violate any law or the rights of others, including intellectual-property, privacy and publicity rights;
• publish false, misleading or discriminatory listings or advertising, or misrepresent your identity, affiliation or license status;
• send spam, phishing or other unsolicited or deceptive messages;
• upload malware or anything designed to disrupt, damage or gain unauthorized access to any system;
• bypass or interfere with security, access controls, paywalls, seat limits, sending limits or rate limits, or share, sell or resell access to the Service;
• scrape, crawl, spider or harvest data from the Service by automated means, other than through our documented APIs within their limits (search engines indexing public pages as permitted by our robots.txt file are excepted);
• copy, frame, mirror or reproduce any part of the Service, its user interface, templates or designs, or reverse engineer, decompile or disassemble it or otherwise attempt to derive its source code, algorithms, templates or data structures, except to the extent applicable law expressly permits this despite this restriction;
• use the Service, its Generated Materials or its Output to build, train or improve a competing product or any AI model intended to replicate the Service, or access the Service to benchmark it for a competitor without our written consent;
• run load, vulnerability or penetration tests without our written authorization (please report suspected vulnerabilities to support@getfieldset.io);
• remove, obscure or alter any proprietary notice, watermark or attribution, including map and data-provider attributions; or
• use the Service in violation of export-control or sanctions laws.

We may investigate suspected violations, remove or disable content, and suspend or terminate Accounts as described in Section 19. We are not obligated to monitor content, but we may do so.

15. Intellectual Property and Restrictions on Use

Ownership of intellectual property

All rights, title and interest in and to the Fieldset platform and the rest of the Service, including its software, source and object code, architecture, APIs, databases and data structures, algorithms, user interface, look and feel, visual designs, screen and page layouts, features, functionality, workflows, automation systems, artificial-intelligence integrations, proprietary methodologies and documentation; its flyer, brochure, deck, one-pager, survey, comparable-report, e-mail and social-image templates and their design, layout, typography and graphic elements; its text, graphics, logos and icons; the selection, coordination and arrangement of all of these; and all related intellectual property, are and shall remain the exclusive property of the Company and its licensors. Customer Content is not included: it remains yours, as described in Section 6. The Service is protected by the copyright laws of the United States (Title 17 of the U.S. Code) and international treaties, and by trademark, trade dress, patent and trade-secret laws, including the Defend Trade Secrets Act.

© 2026 NowX5 Studios, Inc.. All rights reserved.

Your limited license

Access to the Service does not grant you any ownership rights or licenses except the limited, revocable, non-exclusive right to use the Service in accordance with these Terms. Subject to these Terms and to payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license, during your subscription (or any trial, demonstration or evaluation access we grant you), to access and use the Service for your internal business purposes or, for a trial, demonstration or evaluation, solely to evaluate whether to subscribe.

Prohibited copying and reverse engineering

You shall not, directly or indirectly:

• copy, reproduce, replicate, modify, distribute or create derivative works based on the Service or any substantial portion of its proprietary elements;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying architecture, algorithms or proprietary processes of the Service, except where such restrictions are prohibited by applicable law;
• use the Service, its features, workflows, interfaces or functionality to develop, train, improve or assist in creating a competing product or service;
• systematically extract, scrape, harvest or reproduce content, templates, data structures or proprietary materials from the Service without authorization; or
• permit or assist any third party in engaging in these prohibited activities.

Except as these Terms expressly allow, these restrictions also cover republishing, translating, adapting, selling, licensing, renting, leasing, transferring, publicly displaying, transmitting or otherwise exploiting any part of the Service, and recreating its templates, page designs, features or workflows in another product or service, whether by copying code, tracing or rebuilding designs, working from screenshots or Generated Materials, or instructing an AI system to reproduce them.

Competitive use restrictions

Access to the Service is provided solely for authorized business purposes. You may not access or use the Service for the primary purpose of conducting competitive analysis, benchmarking, replicating proprietary functionality, or developing or improving a substantially similar commercial software product without the Company’s prior written consent.

Protection of proprietary information

Nonpublic features, technical documentation, internal processes, software architecture and other information identified as confidential or reasonably understood to be proprietary shall not be disclosed, reproduced or used outside the scope of authorized use of the Service. This applies in addition to the confidentiality obligations in Section 18.

Demonstration, trial and evaluation users

The restrictions in Section 14 and in this Section 15 on copying, reverse engineering, competitive use and the disclosure of nonpublic features, and the confidentiality obligations in Section 18, apply in the same way to everyone who accesses the Service: paying subscribers and their Authorized Users, and anyone using a free trial, promotional or complimentary access, or a demonstration or evaluation account, including a demonstration presented or shared by our personnel. They apply whether or not you or your organization ever subscribe, and they continue to bind you after that access ends.

Generated Materials

Generated Materials combine your Customer Content with our templates and design. You keep your rights in the Customer Content they contain. We grant you a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, distribute and display Generated Materials, as generated by the Service and with changes to your own content, to market the properties and services they describe and for your business records. This license survives the end of your subscription for materials generated while you were a subscriber. You may not extract, isolate or reuse our templates, layouts or design elements from Generated Materials to produce other materials, template libraries or products, or sell or license the templates themselves.

Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

Trademarks

“Fieldset,” “Getfieldset.io” and the Fieldset logo are trademarks of the Company. You may not use them without our prior written permission, except to refer accurately to the Service. Other names and logos in the Service belong to their owners, and their appearance does not imply endorsement.

Open-source components

Some components of the Service, such as certain fonts, are distributed under open-source licenses (for example, the SIL Open Font License). Those licenses govern those components, and nothing in these Terms limits the rights they grant.

Enforcement

The Company reserves the right to suspend or terminate access to the Service for violations of these restrictions and to pursue available legal or equitable remedies, including injunctive relief and monetary damages where permitted by applicable law, and, where available, statutory damages for copyright infringement under 17 U.S.C. § 504. Any use of the Service that these Terms do not permit ends your license immediately and may violate copyright, trademark, trade-secret and other laws. You agree that a breach of Section 14 or this Section 15 would cause us irreparable harm for which money damages would not be an adequate remedy.

Reservation of rights

All rights not expressly granted under these Terms are reserved by the Company. No other right or license is granted by implication, estoppel or otherwise.

16. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others and respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content in the Service infringes your copyright, send our designated agent a written notice that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim is infringed;
3. identification of the material you claim is infringing, with enough information (such as the URL) for us to locate it;
4. your name, address, telephone number and e-mail address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated agent:

If material you posted was removed in response to a notice and you believe that was a mistake or misidentification, you may send a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). Unless the complaining party informs us that it has filed a court action, we may restore the material 10 to 14 business days after receiving a valid counter-notice.

We terminate, in appropriate circumstances, the Accounts of users who repeatedly infringe. Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages under 17 U.S.C. § 512(f).

17. APIs, Agents and Integrations

API keys are issued to an organization, are confidential, and may be limited by scope, allowed IP addresses and expiry. You are responsible for all activity using your keys, including activity by third-party applications and AI agents you connect to the Service, and for securing those connections. We may set and change rate limits, revoke keys that are exposed or misused, and change or retire API versions with reasonable notice. You may not use the APIs to build a competing service, to export data in bulk for redistribution, or to do anything Section 14 prohibits. Our API documentation may add requirements, which form part of these Terms.

18. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Our Confidential Information includes non-public parts of the Service, pricing and terms in proposals made to you, beta features and product plans, and everything you see in a demonstration, trial or evaluation of the Service that is not publicly available. Your Confidential Information includes Customer Content that you have not made public.

The receiving party will use the other’s Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to personnel and service providers who need it and are bound by similar obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information when required by law, after giving reasonable notice to the other where lawful.

19. Term, Suspension and Termination

These Terms apply for as long as you use the Service. You may cancel your subscription at any time as described in Section 5, and you may ask us to close your Account at support@getfieldset.io.

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, fail to pay fees when due, create risk or possible legal exposure for us, other users or the public, or if the law requires it. Where practical, we will give you notice and an opportunity to cure first. We may also discontinue the Service on at least 30 days’ notice, with a pro-rata refund of prepaid fees for the unused period.

When your subscription or Account ends, your right to use the Service ends, your Public Content may be unpublished and your Share Links may stop working. For 30 days afterward you may export your Customer Content using the Service’s export features or by asking us; after that we may delete it, except for copies in backups (which are overwritten in the ordinary course) and copies we must keep by law. Sections 6 (as to the license for backups and delivered copies), 10, 13, 14, 15 (other than the license to use the Service), 16, 18 and 19 through 29, and any fees owed, survive termination.

20. Disclaimers

The Service, Generated Materials, Output and all information in the Service are provided “as is” and “as available.” To the fullest extent permitted by law, the Company and its licensors disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure or error-free, that data will not be lost, or that property, market, demographic, mapping, comparable or financial information, or any calculation, is accurate, complete or current. The Company does not provide real estate brokerage, legal, tax, accounting, appraisal or financial advice, and you are solely responsible for decisions you make and transactions you enter into.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

21. Limitation of Liability

To the fullest extent permitted by law, in no event will the Company or its affiliates, licensors, service providers, officers, employees or agents be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, commissions, business, goodwill or data, or the cost of substitute services, arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability or any other theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the Company’s total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to the Company for the Service in the 12 months before the event giving rise to the liability and (b) one hundred U.S. dollars (US $100).

These limitations are an essential part of the bargain between you and the Company and apply even if a limited remedy fails of its essential purpose. They do not limit liability that cannot be limited under applicable law, such as liability for fraud or for gross negligence or willful misconduct where the law so provides.

22. Indemnification

You will defend, indemnify and hold harmless the Company and its affiliates, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Content, Public Content and the Generated Materials you distribute; (b) your use of the Service, including the e-mail you send and the contacts you process through it; (c) your violation of these Terms, of any law or of anyone’s rights; and (d) your transactions and disputes with clients, principals, co-brokers, Visitors and other third parties. We will notify you of a claim, let you control its defense (though you may not settle a claim that imposes obligations on us without our consent), and reasonably cooperate at your expense.

23. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully. It requires you and the Company to resolve most disputes by individual binding arbitration rather than in court, and it waives the right to a jury trial and to participate in a class action.

Informal resolution first

Before starting arbitration or a court action, the party with a dispute must send the other a written notice describing the dispute and the relief sought (to us at legal@getfieldset.io, and to you at the e-mail address on your Account), and the parties will try in good faith to resolve it for 60 days.

Agreement to arbitrate

Any dispute, claim or controversy arising out of or relating to these Terms or the Service, including the formation, scope, validity or enforceability of this agreement to arbitrate, will be resolved by final and binding arbitration on an individual basis. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if the AAA determines that you are a consumer, its Consumer Arbitration Rules), before a single arbitrator. The arbitration will take place in [County], California, or by video conference or written submissions if the parties agree or the arbitrator so orders. The arbitrator may award any individual relief a court could award, and judgment on the award may be entered in any court with jurisdiction. Each party will bear its own attorneys’ fees unless the arbitrator awards them under applicable law, and fees of the AAA will be allocated under its rules.

Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information, or to stop unauthorized access to or use of the Service.

Class action and jury trial waiver

You and the Company may bring claims against each 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 may not consolidate claims of more than one person or preside over any form of class or representative proceeding. You and the Company each waive the right to a trial by jury.

If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will be severed from arbitration and heard in court under Section 24, after any arbitrable claims are decided.

Mass filings

If 25 or more substantially similar demands for arbitration are filed against the Company by or with the help of the same law firm or organization, the AAA will administer them in batches of up to 25 demands, one batch at a time, and the parties will cooperate in good faith to resolve them efficiently.

Thirty-day right to opt out

You may opt out of this agreement to arbitrate by e-mailing legal@getfieldset.io within 30 days after you first accept these Terms, with your name, the e-mail address on your Account and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Time to bring claims

To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred.

24. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 23. Subject to Section 23, the state and federal courts located in [County], California have exclusive jurisdiction over any action arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

25. Changes to the Service and to These Terms

We continually improve the Service and may add, change or remove features. If a change materially reduces the core functionality of a paid plan during a prepaid term, you may cancel and receive a pro-rata refund of prepaid fees for the remaining term.

We may update these Terms. For material changes we will give at least 15 days’ notice by e-mail or in the Service before they take effect, and the “Last Updated” date above will change. We may also ask you to accept updated Terms before you continue to use the Service; if you accept them, they apply to you from that moment. Changes do not apply to disputes of which either party had notice before the change. By continuing to use the Service after changes take effect, you accept them; if you do not agree, stop using the Service and cancel your subscription. If we change Section 23, you may reject the change by e-mailing legal@getfieldset.io within 30 days after it takes effect, and the prior version of Section 23 will continue to apply to you.

Every earlier version of these Terms remains available, with the date it was published, at getfieldset.io/terms/versions. We keep a record of each version you accepted and when you accepted it.

26. Electronic Communications and Signatures

You consent to receive agreements, notices, disclosures and other communications from us electronically, by e-mail or in the Service, and agree that they satisfy any legal requirement that they be in writing. Electronic signatures and acceptances made through the Service, including acceptance of these Terms, signed proposals and confidentiality agreements, are binding to the same extent as handwritten signatures under the Electronic Signatures in Global and National Commerce Act and applicable state law.

27. Export Controls and Sanctions

You may not use, export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which you obtained it. You represent that you are not located in a country subject to a comprehensive U.S. embargo, and that you are not on, or owned or controlled by anyone on, any U.S. government list of prohibited or restricted parties.

28. U.S. Government Users

The Service is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Government users acquire only the rights granted to all other users under these Terms.

29. General Terms

• Entire agreement. These Terms, together with any order form or written agreement described in Section 1 and the documents referenced in them, are the entire agreement between you and the Company about the Service and supersede all prior agreements and understandings on that subject.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including outages of third-party infrastructure, natural disasters, war, labor disputes and government action. This does not excuse payment obligations.
• Notices. We may send notices to the e-mail address on your Account or in the Service. Send legal notices to us at legal@getfieldset.io, with a copy to NowX5 Studios, Inc., [Street address, City, State ZIP].
• Waiver and severability. Failing to enforce a provision is not a waiver of it. If a provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect.
• Relationship. The parties are independent contractors. These Terms create no partnership, joint venture, agency, fiduciary or employment relationship, and no third-party beneficiaries.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.

30. Notice to California Users

Under California Civil Code § 1789.3, California users are entitled to the following 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., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

31. Contact Us

Questions about these Terms can be sent to: