Terms of Service
Thank you for using FieldWorker. By using FieldWorker, you agree to our Terms of Service, which is a legal agreement. If you are using FieldWorker for an organization, you are agreeing on behalf of that organization. Our Terms of Service apply to your use of our Websites and Services.
When we say, “we,” “our,” or “us,” we’re referring to Intellisight Technology Inc FieldWorker, a Delaware Corporation, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the FieldWorker Services.
When we say “Websites,” we mean our websites located at FieldWorker.ai, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up FieldWorker.
When we say “FieldWorker,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
2. General Rules
To use FieldWorker, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:
- You are responsible for all content you provide and your activities on FieldWorker;
- You will use FieldWorker in compliance with all applicable laws, rules, and regulations;
- You will not use FieldWorker to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use FieldWorker to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use FieldWorker. Your use of FieldWorker is at your own risk.
3. Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.
We own FieldWorker and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of FieldWorker, our Services, or our content on FieldWorker without our written permission.
You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into FieldWorker or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
4. Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.
You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
5. Payment Terms
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to FieldWorker or by email.
For all accounts, there are no refunds or credits for changes to your account or changes to the number of seats in your plan.
Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis. The Services are billed in advance on a monthly basis and are non-refundable.
Yearly Plan: Payment in advance is required to continue using the Services on a yearly basis. The Services are billed in advance on a yearly basis and are non-refundable.
6. Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of FieldWorker.
8. Representation and Warranties
To the maximum extent permitted by law, we provide FieldWorker on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) FieldWorker will meet your specific requirements, (ii) FieldWorker will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of FieldWorker will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through FieldWorker will meet your expectations, and (v) any errors in FieldWorker will be corrected.
9. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.
We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of FieldWorker and any linked sites and services. Your sole remedy against us for dissatisfaction with FieldWorker is to stop using FieldWorker. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.
If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our Websites and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided by you to us from time-to-time. We don’t want to list you if you don’t want to be listed, so if that’s the case, please send an email to email@example.com stating that you do not wish to be used as a reference.
11. Governing Law; Dispute Resolution
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
12. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of FieldWorker, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
17. Amendments and Changes
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance FieldWorker shall be subject to the Terms.
It is your responsibility to check the Terms periodically for changes. Your continued use of FieldWorker following the posting of changes will mean that you accept and agree to the changes. We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to FieldWorker, or any portion of FieldWorker for any reason; (2) to modify or change FieldWorker, or any portion of FieldWorker, and any applicable policies or terms; and (3) to interrupt the operation of FieldWorker, or any portion of FieldWorker, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you have any questions regarding this Terms of Service, please contact us by email at info@FieldWorker.ai or please write to the following address:
Intellisight Technology INC
12 Roszel Road, #B101
Princeton, NJ 08540
Business Associate Agreement
The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
- Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Intellisight Technology Inc. or FieldWorker.
- Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean You.
- HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
We have developed and provide a Software as a Service (SaaS) called “FieldWorker”.
You would like to use the FieldWorker service for you and your employees.
WHEREAS, You contract with Us (Business Associate) to use FieldWorker. You acknowledge that We may indirectly, inadvertently or for troubleshooting encounter, view or access certain Confidential Information maintained by You which may qualify as Protected Health Information (“PHI”) or electronic PHI within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended, and the privacy and security standards promulgated pursuant thereto (“HIPAA”).
As part of your use of FieldWorker:
- We will assist and work with a set of your employees to install the FieldWorker software on your mobile devices and desktop, as needed.
- You will input data into the Fieldworker System so that it can be used by your Employees.
- Your employees will use FieldWorker in their day-to-day activities and Our support team may assist you with help to optimally use FieldWorker
- We may train and assist your employees during their use of the software
- You and your employees may inform, discuss and share knowledge about how FieldWorker is used.
- We will troubleshoot and help you as part of our support process during your use of FieldWorker.
- All data input into FieldWorker by You, belongs to you and can be deleted by you.
NOW, THEREFORE, in consideration of the mutual promises contained herein, as well as other good and valuable consideration, the parties hereto agree as follows:
Obligations and Activities of Business Associate
We agree to:
- Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
- Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
- Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
- In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
- Make available protected health information in a designated record set to the “covered entity” or “individual or the individual’s designee” as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
- Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
- Maintain and make available the information required to provide an accounting of disclosures to the “covered entity” as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;
- To the extent the business associate is to carry out one or more of covered entity’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
- Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
Permitted Uses and Disclosures by Business Associate
(a) Business associate may only use or disclose protected health information “as necessary to perform the services set forth in Service Agreement.”
(b) Business associate may use or disclose protected health information as required by law.
(c) Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity [if the Agreement permits the business associate to use or disclose protected health information for its own management and administration and legal responsibilities or for data aggregation services as set forth in optional provisions (e), (f), or (g) below, then add “, except for the specific uses and disclosures set forth below.”]
(d) Business associate may provide data aggregation services relating to the health care operations of the covered entity.
- “Confidential Information” means any and all non-public, medical, financial and personal information in whatever form (written, oral, visual or electronic) possessed or obtained by either party. Confidential Information shall include all information which (i) either party has labeled in writing as confidential, (ii) is identified at the time of disclosure as confidential, (iii) is commonly regarded as confidential in the health care industry, or (iv) is Protected Health Information as defined by HIPAA.
- It is agreed that there shall not be any employer/employee relationship between the parties. BUSINESS ASSOCIATE is free to engage in any other contract of his or her selection. It is further agreed that BUSINESS ASSOCIATE is not an agent of Covered Entity.
- BUSINESS ASSOCIATE agrees to maintain the confidentiality of any Confidential Information, including Protected Health Information that it may incidentally or inadvertent encounter, view or have access to while providing the services under the terms and conditions set forth in this Agreement.
- BUSINESS ASSOCIATE agrees not to further use or disclose any Confidential Information, including Protected Health Information that it incidentally or inadvertently views or obtains access to and further agrees to implement appropriate safeguards to prevent any further use or disclosure of any Confidential Information that is incidentally or inadvertently accessed.
- BUSINESS ASSOCIATE agrees to cooperate with Covered Entity and perform such activities as it may from time to time direct, in order to mitigate any harmful effects as a result of a wrongful use or disclosure of Confidential Information by BUSINESS ASSOCIATE.
- BUSINESS ASSOCIATE agrees to report to the Covered Entity any use or disclosure of Confidential Information in violation of this Agreement, HIPAA or any other federal, state or local law or regulation.
- BUSINESS ASSOCIATE agrees to comply with all applicable laws and regulations, including HIPAA and the HITECH Act, to the extent applicable, in meeting their obligations under this Agreement.
- The obligations of confidentiality and non-use and non-disclosure under this Agreement will continue indefinitely from the effective date of this Agreement.
- This Agreement may be modified or amended only with the written consent of by both parties.
- No waiver of any provision of this Agreement, including this paragraph, shall be effective unless the waiver is in writing and signed by the party making the waiver.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and any laws that govern an underlying contractual agreement between the parties.