Last Updated: September 9, 2025
PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement ("Agreement") governs the access and use of the FieldScout safety and compliance platform. By executing an order form, registering for an account, or using the Services, you ("Customer") agree to these terms with EM Management LLC (dba "FieldScout"), a Wyoming limited liability company.
1.1 Supplemental Tool Only. FieldScout provides a software platform for administrative safety record-keeping. The Services are a supplemental tool and do not replace the physical oversight, manual inspections, or professional judgment of an OSHA-defined "Competent Person."
1.2 No Jobsite Control. FieldScout does not manage, direct, or supervise construction activities. Customer retains sole responsibility for jobsite safety, regulatory compliance, and the physical verification of all safety statuses (e.g., LOTO, permits, and equipment seals).
1.3 Authorization. A "Pending" status within the software constitutes a lack of authorization. Work must not proceed until a status is explicitly marked as "Approved" by Customer's authorized personnel.
2.1 FieldScout IP. FieldScout owns all rights, title, and interest in the Services, including all software, algorithms, interfaces, and documentation. No ownership rights are transferred to Customer.
2.2 Customer Data. Customer retains ownership of all data submitted to the Services. Customer grants FieldScout a world-wide, royalty-free license to host, transit, and display Customer Data solely to provide the Services.
2.3 Feedback. If Customer provides suggestions or feedback, FieldScout may use such feedback without restriction or compensation.
2.4 Publicity. Customer grants FieldScout the right to use Customer's name and logo on FieldScout's website and marketing materials to identify Customer as a user of the Services.
Customer shall not, and shall not permit any third party to:
4.1 Non-Payment. FieldScout may suspend access if fees are more than seven (7) days past due.
5.1 Privacy Policy. FieldScout's collection and use of personal information is governed by our Privacy Policy which is incorporated into this Agreement by reference.
5.2 CCPA Compliance. To the extent the California Consumer Privacy Act ("CCPA") applies to Customer Data, FieldScout acts as a "Service Provider" as defined under the CCPA. FieldScout shall:
(a) Process personal information only for the business purposes specified in this Agreement;
(b) Not sell personal information or share it for cross-context behavioral advertising;
(c) Not retain, use, or disclose personal information outside the direct business relationship with Customer;
(d) Assist Customer in responding to verifiable consumer requests to know, delete, or correct personal information, upon reasonable notice.
5.3 Other Privacy Laws. If Customer is subject to other data protection laws (e.g., GDPR, state privacy laws), Customer may request execution of a Data Processing Addendum ("DPA") to address applicable requirements. FieldScout will negotiate such addenda in good faith.
5.4 De-Identified Data. FieldScout may create de-identified or aggregated data from Customer Data for internal analytics, product improvement, and benchmarking purposes, provided such data cannot reasonably be used to identify Customer or any individual.
6.1 Use of Subprocessors. Customer acknowledges that FieldScout engages third-party service providers ("Subprocessors") to assist in delivering the Services, including cloud hosting, analytics, and customer support tools.
6.2 Subprocessor List. A current list of Subprocessors is available upon written request. FieldScout will maintain contractual agreements with all Subprocessors that impose data protection obligations substantially similar to those in this Agreement.
6.3 Notification of Changes. FieldScout will provide Customer with at least thirty (30) days' prior notice before engaging a new Subprocessor that processes Customer Data. Notice will be provided via email to Customer's designated account contact or through an update to the Subprocessor list page. Customer may object to a new Subprocessor by providing written notice within fifteen (15) days of receiving notification. If FieldScout cannot reasonably accommodate Customer's objection, either party may terminate the affected Services upon thirty (30) days' written notice.
6.4 Subprocessor Liability. FieldScout remains responsible for the acts and omissions of its Subprocessors to the same extent as if FieldScout performed the services directly.
7.1 Security Program. FieldScout maintains a written information security program designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. This program includes:
(a) Encryption of Customer Data in transit (TLS 1.2 or higher) and at rest (AES-256 or equivalent);
(b) Access controls limiting data access to authorized personnel on a need-to-know basis;
(c) Regular security assessments and vulnerability scanning;
(d) Employee security awareness training;
(e) Incident response and disaster recovery procedures.
7.2 Infrastructure. The Services are hosted on industry-recognized cloud infrastructure providers that maintain SOC 2 Type II certification or equivalent.
7.3 Security Documentation. Upon written request and subject to confidentiality obligations, FieldScout will provide Customer with a summary of its security practices or relevant third-party audit reports (e.g., SOC 2 report) to the extent available.
7.4 Customer Responsibilities. Customer is responsible for maintaining the security of its own systems, user credentials, and access controls. Customer shall promptly notify FieldScout of any suspected unauthorized access to Customer accounts.
8.1 Active Subscription. During the term of this Agreement, FieldScout will retain Customer Data as necessary to provide the Services and in accordance with Customer's configured retention settings within the platform.
8.2 Regulatory Retention. Customer acknowledges that safety records may be subject to regulatory retention requirements (e.g., OSHA recordkeeping rules). Customer is solely responsible for determining applicable retention periods and maintaining independent copies of records as required by law.
8.3 Data Export. Customer may export Customer Data at any time during the subscription term using the platform's built-in export functionality. Upon request, FieldScout will provide reasonable assistance with data export in a standard, machine-readable format (e.g., CSV, JSON).
8.4 Post-Termination Retention. Upon expiration or termination of this Agreement:
(a) FieldScout will retain Customer Data for a period of thirty (30) days ("Retrieval Period") to allow Customer to export any remaining data;
(b) Customer may request immediate deletion prior to the end of the Retrieval Period by submitting a written request to support@fieldscout.io;
(c) Following the Retrieval Period, FieldScout will delete or de-identify Customer Data within sixty (60) days, except as required to comply with legal obligations or resolve disputes.
8.5 Backup Copies. Customer Data may persist in encrypted backup systems for up to ninety (90) days following deletion from production systems, after which it will be permanently removed through standard backup rotation.
8.6 Certification of Deletion. Upon written request submitted within thirty (30) days of data deletion, FieldScout will provide written certification confirming that Customer Data has been deleted in accordance with this Section.
9.1 Definition. A "Security Incident" means any unauthorized access to, or acquisition, disclosure, or destruction of, Customer Data. A "Data Breach" means a Security Incident that triggers notification obligations under applicable law.
9.2 Incident Response. Upon discovering a Security Incident affecting Customer Data, FieldScout will:
(a) Promptly investigate and take reasonable steps to contain and mitigate the incident;
(b) Notify Customer without undue delay, and in no event later than seventy-two (72) hours after confirmation that Customer Data was affected;
(c) Provide Customer with reasonably available information about the nature and scope of the incident, including the categories of data involved, approximate number of affected records (if known), and steps taken to address the incident.
9.3 Cooperation. FieldScout will cooperate with Customer's reasonable requests for additional information and will provide timely updates as the investigation progresses.
9.4 Notification to Individuals. Unless required by law to do so directly, FieldScout will not notify affected individuals or regulatory authorities on Customer's behalf without Customer's prior written consent. Customer retains responsibility for determining whether and how to provide such notifications.
9.5 Exclusions. This Section does not apply to security incidents caused by Customer's own systems, user credentials, or actions of Customer's personnel.
10.1 SERVICE IS "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FIELDSCOUT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 NO GUARANTEE OF COMPLIANCE. FIELDSCOUT DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL ENSURE COMPLIANCE WITH OSHA OR ANY OTHER REGULATORY STANDARDS.
11.1 By Customer. Customer shall indemnify, defend, and hold harmless FieldScout and its officers, directors, and employees from any third-party claims, damages, or legal fees arising out of:
(a) Customer's breach of this Agreement;
(b) Any workplace injury, death, or property damage occurring on Customer's jobsite;
(c) Inaccurate or fraudulent data entered into the system by Customer's users.
12.1 CAP ON LIABILITY. IN NO EVENT SHALL FIELDSCOUT'S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12.2 EXCLUSION OF DAMAGES. FIELDSCOUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.1 Term. This Agreement begins on the date of account creation and remains in effect until all subscriptions expire or are terminated.
13.2 Safety Suspension. FieldScout reserves the right to suspend any account immediately if we reasonably suspect a violation of the AUP that creates a life-safety risk.
14.1 Jurisdiction. This Agreement is governed by the laws of the State of Texas, without regard to conflict of law principles.
14.2 Arbitration. Any dispute shall be settled by binding arbitration in Texas under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Both parties waive the right to a jury trial or class action.
Legal Notice Address: EM Management LLC 1309 Coffeen Avenue, STE 1200 Sheridan, WY 82801
Support Email: support@fieldscout.io
