Terms of Service

Important notice

1. Agreement; business use only

These Terms of Service ("Terms") are a binding agreement between the customer or user accepting them ("Customer," "you," or "your") and JK FieldOps. "JK FieldOps," "we," "us," or "our" means the provider identified on your applicable Order or, if no Order exists, the operator of the JK FieldOps service and jkfieldops.com.

By executing an Order, clicking to accept these Terms, creating or using an account after being given notice of these Terms, or otherwise using the service, you agree to be bound by them. If you use JK FieldOps on behalf of a company, governmental body, contractor, subcontractor, or other organization, you represent and warrant that you have authority to bind that organization.

JK FieldOps is intended for business and professional use, not personal, family, or household use. If you do not agree to these Terms or lack authority to bind the applicable organization, do not use the service.

2. Definitions and contract hierarchy

"Service" means the JK FieldOps website, application, software functionality, support, and related hosted services. "Customer Data" means data, files, records, images, spreadsheets, tickets, agreements, and other content submitted to or created in the Service by or for Customer. "Order" means an order form, pricing agreement, service agreement, statement of work, or other written commercial agreement accepted by JK FieldOps.

If documents conflict, the following order controls unless the higher-ranking document expressly states otherwise: (1) a signed negotiated agreement or Order; (2) a signed data-processing or security addendum; (3) these Terms; and (4) public policies or documentation. A purchase order or Customer form does not modify these Terms unless JK FieldOps expressly agrees in a signed writing.

3. The Service

JK FieldOps provides software for organizing field records, tickets, project information, documents, reconciliation data, payment-related records, agreements, and related operational workflows. The Service may include features that organize, compare, process, calculate, display, export, or report on Customer Data.

4. Accounts and authorized users

Customer is responsible for all users it authorizes, all permissions it grants, the accuracy of account information, and activity occurring through its accounts except to the extent directly caused by JK FieldOps's breach of an express obligation.

Credentials must be protected and may not be shared except through functionality specifically designed for delegated or shared access. Customer must promptly disable users who no longer require access and notify JK FieldOps of suspected compromise or unauthorized use.

Customer is responsible for its users' compliance with these Terms. Actions taken by an authorized user may be treated as actions of Customer.

5. Limited right to use the Service

Subject to these Terms, the applicable Order, and payment of required fees, JK FieldOps grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the authorized service period to access and use the Service for Customer's internal business operations and authorized project relationships.

Except where applicable law prohibits the restriction or JK FieldOps expressly authorizes the activity in writing, Customer may not copy or create derivative works from the Service; reverse engineer, decompile, or attempt to derive source code; discover, infer, reproduce, or disclose nonpublic implementation details, methods, logic, configurations, security measures, or operational processes; bypass usage limits or security controls; scrape or systematically extract the Service; benchmark for publication without written consent; remove proprietary notices; rent, sell, resell, sublicense, or commercially exploit access; permit access for competitive analysis; or use the Service or information obtained from it to build, train, improve, or assist a competing or substitute product or service.

6. Customer Data; rights and responsibility

As between the parties, Customer retains ownership of Customer Data. Customer grants JK FieldOps and its service providers a worldwide, non-exclusive right to host, copy, transmit, process, display, retain, modify as technically necessary, and otherwise use Customer Data solely as reasonably necessary to provide, secure, maintain, support, troubleshoot, improve, and administer the Service; comply with authorized instructions; and satisfy legal obligations.

Customer represents and warrants that it has all rights, permissions, notices, consents, and lawful bases necessary for JK FieldOps to process Customer Data as contemplated by these Terms. Customer is solely responsible for the legality, accuracy, quality, integrity, and appropriateness of Customer Data and for disputes concerning Customer's right to possess, use, submit, disclose, bill from, or rely on that data.

JK FieldOps may remove or restrict access to Customer Data where reasonably necessary to comply with law, address a security risk, enforce these Terms, or prevent harm, and may preserve information where reasonably necessary for legal, security, fraud-prevention, billing, or evidentiary purposes.

7. Service outputs; customer verification

Customer acknowledges that information processed or generated by the Service—including comparisons, calculations, reconciliations, reports, exports, classifications, and other outputs—may be incomplete, inaccurate, duplicated, delayed, or otherwise incorrect. Results can be affected by the accuracy, completeness, format, quality, configuration, or context of Customer Data and by user actions or omissions.

Customer must independently review and verify material values and records before relying on them. Customer remains solely responsible for billing decisions, payment claims, deductions, retainage, reconciliation positions, payroll, contractual notices, regulatory submissions, legal claims, safety decisions, and any other consequential use of Service outputs.

JK FieldOps does not warrant that Service outputs are complete, error-free, legally sufficient, or accepted by any prime contractor, monitor, governmental entity, auditor, insurer, court, or other third party.

8. Sensitive and specially regulated data

Unless expressly authorized in a signed writing, Customer will not use the Service as a dedicated system of record for payment-card credentials, protected health information, consumer credit-reporting data, biometric templates, classified information, export-controlled technical data, authentication secrets, private cryptographic keys, or data subject to specialized regulatory requirements that JK FieldOps has not expressly agreed to support.

Customer is responsible for determining whether the Service is appropriate for the information it submits and for satisfying any industry-specific, contractual, privacy, retention, or regulatory requirements applicable to Customer.

9. Acceptable use

Customer and its users may not use the Service to:

• violate applicable law, court order, contract, or another party's rights;
• gain or attempt unauthorized access to accounts, systems, networks, or data;
• upload malware, destructive code, or content intended to disrupt or compromise systems;
• probe, scan, penetration-test, stress-test, or bypass security controls without prior written authorization;
• interfere with availability, integrity, performance, or security of the Service;
• knowingly falsify, fabricate, manipulate, or misrepresent records to facilitate fraud or unlawful payment claims;
• use the Service to harass, threaten, discriminate unlawfully, or distribute illegal content; or
• permit access by competitors for competitive analysis or use the Service to create a substitute or competing service.

10. Fees, billable usage, invoices, and taxes

Pricing, included usage, per-ticket rates, platform fees, discounts, promotional or early-adopter rates, billing periods, minimums, payment methods, and other commercial terms are established by the applicable Order or account plan.

If an Order uses per-ticket pricing, a "Billable Ticket" means a ticket record that is accepted, confirmed, imported, or otherwise created as a persistent operational ticket in the Service, as defined by the applicable plan. Unless an Order states otherwise, rejected duplicates, failed processing attempts, reprocessing of the same ticket, edits, corrections, and supporting-file attachments do not independently create additional Billable Tickets.

JK FieldOps may maintain usage records for billing and may correct obvious usage or invoice errors. Customer must notify JK FieldOps in writing of a good-faith invoice dispute within thirty (30) days after the invoice date and must identify the disputed amount and basis. To the maximum extent permitted by law, amounts not disputed within that period are deemed accepted, absent manifest error. Customer must timely pay all undisputed amounts.

Unless an Order states otherwise, invoices are due on the date stated on the invoice. Past-due undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate, and Customer is responsible for reasonable collection costs where permitted by law.

Fees are exclusive of sales, use, excise, withholding, transaction, or similar taxes. Customer is responsible for applicable taxes other than taxes based on JK FieldOps's net income. Fees are non-refundable except as expressly stated in a signed agreement or required by law.

11. Trials, demos, preview features, and roadmap

Trials, demos, sandbox environments, preview features, beta features, and early-access functionality may be modified, limited, or discontinued at any time and are provided for evaluation unless otherwise stated in writing. They may contain errors and may not receive the same support, availability, retention, or security commitments as generally available paid features.

Product demonstrations, screenshots, marketing materials, feature descriptions, development discussions, and roadmap statements are illustrative and do not create a binding commitment to deliver any feature, integration, release date, or future capability unless expressly included in a signed Order.

12. Availability, maintenance, and changes

JK FieldOps may perform maintenance, deploy updates, add or remove functionality, impose reasonable technical or operational limits, and make changes needed for security, performance, legal compliance, or product development.

UNLESS A SIGNED ORDER EXPRESSLY PROVIDES A SERVICE-LEVEL COMMITMENT, THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEED UPTIME, RESPONSE TIME, RECOVERY TIME, RECOVERY POINT, SUPPORT WINDOW, OR CONTINUED AVAILABILITY OF A PARTICULAR FEATURE.

13. Security and shared responsibility

JK FieldOps uses safeguards intended to protect the Service and Customer Data, but no system is immune from compromise, data loss, outages, or unauthorized access. Customer is responsible for its users, endpoints, credentials, email accounts, scanners, local files, network security, permission choices, and exports.

Customer must promptly notify JK FieldOps of suspected unauthorized access or security incidents involving its account. Security practices are further described on the Security & Data page, which is informational unless incorporated into a signed agreement.

14. Third-party services

The Service may depend on, link to, or interoperate with third-party services or providers. Those services are outside JK FieldOps's direct control and may be subject to separate terms, privacy practices, outages, changes, fees, or discontinuation.

To the maximum extent permitted by law, JK FieldOps is not responsible for acts, omissions, security incidents, data practices, availability, errors, fees, or performance of third-party services except to the extent a signed agreement expressly states otherwise.

15. Retention, export, deletion, and data loss

No online service can eliminate all risk of corruption, deletion, loss, or unavailability of data. Customer is responsible for maintaining independent copies of records it cannot afford to lose and for satisfying its own legal, tax, regulatory, contractual, and operational retention requirements.

Unless a signed Order states otherwise, termination may result in immediate loss of access to the Service. Customer should export needed information before termination. JK FieldOps may delete Customer Data after a commercially reasonable period, subject to retained copies, legal obligations, billing, fraud prevention, dispute resolution, security needs, and legitimate business records.

16. Confidentiality

Each party may receive nonpublic business, technical, pricing, security, product, or operational information from the other that a reasonable person would understand to be confidential ("Confidential Information"). JK FieldOps Confidential Information includes nonpublic information concerning the Service's design, operation, methods, workflows, configurations, security practices, product plans, pricing, and related know-how, whether disclosed visually, orally, electronically, through support, or through authorized access to the Service. The receiving party will use reasonable care to protect Confidential Information and use it only for the parties' relationship.

Confidential Information does not include information that the receiving party can document was lawfully known without restriction, independently developed without use of the other party's Confidential Information, publicly available through no breach, or lawfully received from a third party without confidentiality duty. A party may disclose Confidential Information where legally required after providing notice when legally permitted.

17. JK FieldOps intellectual property

Except for Customer Data, JK FieldOps and its licensors retain all rights, title, and interest in the Service and all related software, source and object code, designs, interfaces, workflows, documentation, methods, processes, configurations, logic, reports and templates supplied by JK FieldOps, trademarks, branding, trade secrets, know-how, and other intellectual property.

No rights are granted except the limited use rights expressly stated in these Terms or an Order. All rights not expressly granted are reserved.

18. Feedback

If Customer or a user voluntarily provides suggestions, ideas, feature requests, or other feedback, JK FieldOps may use, reproduce, modify, commercialize, and incorporate that feedback without restriction, attribution, or payment, provided JK FieldOps does not disclose Customer's Confidential Information merely because it was included in feedback.

19. Suspension and termination

JK FieldOps may suspend or restrict access immediately where reasonably necessary to address nonpayment, suspected fraud, security risk, unlawful activity, misuse, material breach, a threat to the Service or another customer, a third-party provider requirement, or legal obligation. When practical and appropriate, JK FieldOps will attempt to provide notice.

Either party may terminate according to the applicable Order. If no Order addresses termination, JK FieldOps may terminate or discontinue unpaid, trial, or free access at any time and may terminate paid access for material breach that remains uncured after reasonable notice when cure is appropriate.

Sections that by their nature should survive termination—including payment obligations, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, dispute resolution, and general provisions—survive termination.

20. Customer indemnification

To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless JK FieldOps, its owners, affiliates, officers, employees, contractors, agents, and service providers from and against third-party claims, demands, investigations, actions, damages, judgments, penalties, fines, losses, liabilities, costs, and reasonable attorneys' fees arising out of or relating to:

• Customer Data or Customer's collection, possession, disclosure, upload, use, or reliance on Customer Data;
• Customer's or its users' violation of these Terms, law, contract, privacy rights, intellectual-property rights, or other third-party rights;
• Customer's billing, payment, reconciliation, deduction, retainage, payroll, tax, regulatory, or contractual decisions;
• fraud, misrepresentation, unlawful conduct, or misuse by Customer or its users; or
• a dispute between Customer and its employees, subcontractors, primes, monitors, clients, governmental entities, property owners, vendors, or other third parties, except to the extent the claim is finally determined to have been directly caused by JK FieldOps's gross negligence or willful misconduct.

JK FieldOps will provide reasonable notice of an indemnified claim when practical. Customer may not settle a claim in a manner that admits liability by JK FieldOps or imposes non-monetary obligations on JK FieldOps without written consent.

21. Warranty disclaimers

JK FieldOps does not warrant that the Service will be uninterrupted, secure, error-free, free of harmful components, compatible with every device or system, preserve every record indefinitely, detect every duplicate or discrepancy, produce accurate or complete outputs or calculations, or satisfy any particular legal, contractual, accounting, insurance, tax, regulatory, evidentiary, or business requirement.

22. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JK FIELDOPS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY ORDER WILL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO JK FIELDOPS FOR THE AFFECTED SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. FOR FREE, TRIAL, OR DEMO USE, JK FIELDOPS'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

The foregoing exclusions and limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply only to the extent applicable law prohibits exclusion or limitation. Customer's payment obligations, misuse of JK FieldOps intellectual property, and indemnification obligations are not limited by this Section.

23. Force majeure

JK FieldOps is not liable for delay, failure, or interruption caused by events beyond its reasonable control, including internet or telecommunications failures, utility outages, failures of third-party services, cyberattacks, denial-of-service attacks, labor disputes, natural disasters, fire, flood, severe weather, war, terrorism, civil unrest, governmental action, epidemics, or supply shortages.

24. Dispute resolution; binding individual arbitration

Informal resolution first. Before filing a formal claim, the complaining party must send written notice describing the dispute, requested relief, and relevant facts. The parties will attempt in good faith to resolve the dispute for at least thirty (30) days after receipt.

Binding arbitration. Except for disputes eligible for small-claims court and claims seeking temporary or injunctive relief to protect intellectual property, confidential information, data security, or prevent unauthorized access or misuse, any dispute arising out of or relating to the Service, these Terms, or an Order will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The Federal Arbitration Act governs this arbitration provision. The arbitration will be conducted by one arbitrator, in English, with the legal seat in Cherokee County, Oklahoma. Hearings may be conducted remotely where permitted by the arbitrator.

Individual basis only. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE CUSTOMERS OR PERSONS WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.

Jury waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

25. Governing law and venue

These Terms and any dispute are governed by the laws of the State of Oklahoma, without regard to conflict-of-laws principles, and by applicable federal law. For any dispute that is not subject to arbitration, each party consents to exclusive jurisdiction and venue in the state courts located in Cherokee County, Oklahoma, or the federal courts having jurisdiction over Cherokee County, Oklahoma, and waives objections based on inconvenient forum or similar doctrines.

26. Time limit to bring claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR AN ORDER MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. This limitation does not shorten a period that applicable law prohibits the parties from shortening.

27. Changes to these Terms

JK FieldOps may update these Terms to reflect changes in the Service, business, vendors, security practices, or law. The effective date identifies the current version. Where required by law or contract, JK FieldOps will provide additional notice of material changes. Continued use after an updated version becomes effective constitutes acceptance to the extent enforceable by law.

Changes to an executed Order require the form of amendment required by that Order and are not made merely by updating these website Terms where the Order says otherwise.

28. Assignment

Customer may not assign or transfer these Terms, an Order, or access to the Service without JK FieldOps's prior written consent, except as expressly permitted in a signed agreement. JK FieldOps may assign these Terms or an Order in connection with a merger, reorganization, financing, sale of substantially all relevant assets, or transfer of the business or Service.

29. General provisions

Entire agreement. These Terms together with the applicable Order and incorporated written policies constitute the agreement regarding the Service and supersede prior or contemporaneous discussions on the same subject, except for a signed agreement expressly intended to control.

Severability. If a provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in effect. If the class-action waiver in Section 24 is found unenforceable as to a particular claim, the parties agree that the arbitration requirement for that claim will also be unenforceable and the claim will proceed in a court of competent jurisdiction, unless applicable law requires a different result.

No waiver. Failure to enforce a provision is not a waiver. A waiver must be explicit and does not waive future enforcement.

No third-party beneficiaries. Except for persons expressly protected by the indemnification and liability provisions, these Terms do not create third-party beneficiary rights.

Electronic communications. Customer agrees that notices, agreements, disclosures, invoices, and other communications may be provided electronically. Electronic acceptance and records may be used to evidence agreement to these Terms.

Headings. Headings are for convenience only and do not limit the meaning of these Terms.

30. Contact

Questions, legal notices, or dispute notices concerning these Terms may be sent to contact@jkfieldops.com. A signed Order may specify an additional notice address or method, which will control for that customer.