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Terms of Service

Last Updated: August 20, 2026

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your access to and use of the FieldWorks website, software applications, hosted platform, external collaboration experiences, and related services (collectively, the "Service") operated by Ontario Engineering Solutions Inc., doing business as FieldWorks ("we," "us," or "our").

By creating an account, accessing the Service, accepting an invitation, purchasing a subscription, or otherwise using FieldWorks, you agree to be bound by these Terms and acknowledge our Privacy Policy and Cookie Policy. If you are using FieldWorks on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" includes both you and that organization.

If you do not agree to these Terms, do not access or use FieldWorks.

Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater, to create an account or use FieldWorks. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

Electronic Communications Consent

By creating an account or using the Service, you consent to receive electronic communications from us, including emails, in-app notifications, and posted notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Transactional vs. Marketing Communications. Transactional emails, including account verification, password resets, billing notices, team invitations, and service alerts, are part of the Service and will be sent as long as you maintain an account. Marketing emails, including product updates, new tool announcements, and tips, are optional and require your separate consent, which you can manage in your Account Settings.

2. Definitions

  • "Organization" means a tenant account within FieldWorks that owns projects, data, subscriptions, and billing.
  • "Administrator" means a user with administrative rights over an Organization, including billing, membership, tool activation, and sharing settings.
  • "Member" means a user who belongs to an Organization.
  • "Guest User" means a user of a different Organization who has been granted access to one of your Organization's projects through the cross-organization sharing feature described in Section 11.
  • "External User" means a person, with or without a FieldWorks account, who views or submits information through a share link created by an Organization as described in Section 10.
  • "User Content" means all data, files, records, photos, audio, documents, rich text, embedded images, comments, and other content submitted to the Service by or on behalf of you or your Organization, including content submitted by Guest Users and External Users through access your Organization grants.
  • "Generated Documents" means any document, file, or output the Service produces from User Content, including PDF, spreadsheet, and CSV exports such as tender packages, schedules of items, general and special provisions, payment certificates, inspection reports, logs, and similar reports.
  • "Standards Catalog" means the reference index of third-party construction standards described in Section 6.
  • "Tool" means an individually subscribable module of the Service, such as the Deficiency Tracker, Submittal and RFI Tracker, Job Cost Tracker, Inspection Tracker, or Item Specification Composer.

3. Service Description

FieldWorks is a software platform for construction-related coordination, recordkeeping, workflow management, team collaboration, external dashboard sharing, document generation, and project administration. The Service currently includes Tools for deficiency tracking, submittal and RFI tracking, job cost tracking (including progress payment certificates), inspection tracking, and item specification composition (including tender schedules, general provisions, special provisions, and tender document exports), together with file storage, exports, audit logs, external sharing, the Standards Catalog, billing tools, organization management, and related operational functionality.

FieldWorks is offered as a hosted software tool. We may modify, add, remove, suspend, or discontinue features at any time, with or without notice, subject to applicable law.

No Service Level Guarantee

Unless we have entered into a separate written service-level agreement with you or your organization, we do not guarantee any specific level of uptime, availability, response time, data throughput, or error rate. While we strive to maintain reliable service, planned maintenance, infrastructure events, provider outages, and other circumstances may result in temporary service interruptions. We will not be liable for any damages or losses arising from service unavailability.

Beta, Preview, and Coming-Soon Features

We may offer features designated as beta, preview, early access, or "coming soon." These features are provided for evaluation purposes, may not be complete or fully tested, may contain bugs or errors, and may be modified or removed at any time without notice. Beta and preview features are provided "AS IS" without any warranty, and any liability limitations in these Terms apply with full force to such features. Your use of beta or preview features is entirely at your own risk.

4. No Professional Services Disclaimer

FIELDWORKS IS A SOFTWARE TOOL ONLY. FIELDWORKS AND ONTARIO ENGINEERING SOLUTIONS INC. DO NOT PROVIDE ENGINEERING SERVICES, ARCHITECTURAL SERVICES, INSPECTION SERVICES, QUANTITY-SURVEYING OR COST-CONSULTING SERVICES, ACCOUNTING OR TAX SERVICES, CONSTRUCTION MANAGEMENT SERVICES, CONTRACT-ADMINISTRATION SERVICES, PAYMENT-CERTIFICATION SERVICES, SITE SUPERVISION, CODE COMPLIANCE REVIEW, SAFETY MONITORING, LEGAL ADVICE, OR ANY OTHER LICENSED OR PROFESSIONAL SERVICE THROUGH THE PLATFORM UNLESS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED OFFICER OF ONTARIO ENGINEERING SOLUTIONS INC.

Use of FieldWorks does not create a professional-client, consultant-client, fiduciary, or advisory relationship. The Service does not replace professional judgment, site inspection, engineering analysis, specification review, cost analysis, regulatory review, safety protocols, or independent quality assurance processes. Nothing displayed, transmitted, stored, or generated by the Service constitutes professional advice. You are solely responsible for obtaining qualified professional review wherever required for your project, jurisdiction, contract, or risk profile.

No Standard of Care

Ontario Engineering Solutions Inc. does not assume, and expressly disclaims, any professional standard of care, duty of care, or professional liability in connection with the Service. FieldWorks is not providing engineering, architecture, inspection, quantity surveying, accounting, contract administration, construction management, or any other professional service through the platform. No information displayed, transmitted, stored, or generated by the Service constitutes professional advice, professional opinion, or a professional recommendation. You must not treat any platform output as though it was prepared or reviewed by a licensed professional acting in a professional capacity.

Not the Official Project Record

FieldWorks is not intended to serve as the official project record, the contract record, the record of record, the document of record, or the legally controlling record for any construction project, contract, or regulatory proceeding. Users and organizations are solely responsible for maintaining their own official project records, contract documents, correspondence logs, and regulatory filings in accordance with their contractual obligations, professional standards, and applicable law. Any conflict between information in FieldWorks and an official project record must be resolved in favor of the official project record.

5. Generated Documents and Exports

The Service can generate documents and exports from your project data, including tender packages, schedules of items, general and special provisions, payment certificates, inspection reports, logs, and other reports in PDF, spreadsheet, and CSV formats. As stated in the application at the time of export: by exporting you confirm you will review these documents for accuracy before use; FieldWorks generates documents from your project data and does not verify their contents.

You acknowledge and agree that:

  • All Generated Documents are produced mechanically from data entered by you, your Organization, and the collaborators you authorize. This includes all calculations they contain, such as quantities, rates, extensions, subtotals, holdback amounts, holdback releases, tax amounts, amounts previously certified, and totals in progress payment certificates. The Service applies arithmetic to your inputs; it does not review, audit, verify, certify, seal, stamp, or approve any Generated Document or any figure in it.
  • You and your qualified professionals are solely responsible for reviewing, verifying, correcting, approving, and lawfully using every Generated Document before it is issued, submitted, published, relied upon, or used for any purpose, including tendering, procurement, payment, certification, inspection, regulatory, or contractual purposes.
  • A Generated Document is not a professional certification. A payment certificate generated by the Service is a formatting and calculation aid. It is not certified by FieldWorks and does not constitute certification by a payment certifier, engineer, architect, quantity surveyor, accountant, or any other professional for the purposes of any contract or legislation unless and until your own authorized professional reviews and certifies it in accordance with your contract and applicable law.
  • Compliance is entirely your responsibility. Compliance with construction and lien legislation (for example, statutory holdback, prompt payment, and adjudication requirements under the Construction Act (Ontario) or equivalent legislation in your jurisdiction), building codes, procurement and tendering law, tax law, and the requirements of your contracts is entirely your responsibility. Default values, formulas, templates, and formats offered by the Service (including default holdback and tax percentages) are conveniences, not representations that they satisfy any legal or contractual requirement applicable to you.
  • Errors are possible. Generated Documents may contain errors arising from the data entered, configuration choices, software defects, formatting, rounding, or omissions. Ontario Engineering Solutions Inc. is not responsible for the contents of any Generated Document or for any consequence of its use, issuance, or distribution.

6. Third-Party Standards Catalog

The Service includes a Standards Catalog: a reference index of third-party construction standards consisting of designations, titles, publisher names, edition labels, and links to the publishers' own official sources.

You acknowledge and agree that:

  • The Standards Catalog is an index only. FieldWorks does not host, reproduce, distribute, or license the content of any third-party standard. Purchasing, accessing, and lawfully using the content of any standard is a matter between you and the relevant publisher.
  • Catalog metadata is not authoritative. Suggested units of measure, discipline tags, and some titles and edition labels in the Standards Catalog are assumptions assigned by FieldWorks or metadata harvested from available sources, and may be incomplete, outdated, mislabeled, or wrong. Links may point to publisher portals, third-party pages, or archived copies that may be outdated, moved, or removed.
  • You must verify every standard with its publisher. Before relying on, referencing, or incorporating any standard in a specification, tender, contract, or work product, you must verify its existence, currency, edition, amendments, applicability, and content directly with the publisher or another authoritative source. The presence of a standard in the Standards Catalog is not a representation that it is current, applicable, in force, or suitable for your project.
  • Third-party rights are respected. Standard designations, titles, and names remain the property and, where applicable, the trademarks of their respective publishers. The Standards Catalog references them nominatively for identification only. FieldWorks is not affiliated with, endorsed by, or sponsored by any standards publisher, and no such affiliation or endorsement is implied.
  • Corrections are welcome but not guaranteed. The Service provides a feedback mechanism for reporting catalog errors. We may review and act on feedback at our discretion, but we do not commit to correcting any entry within any timeframe, and we may add, modify, or remove catalog entries or the Standards Catalog itself at any time.

Approved Products Directory

The Service may also include an Approved Products Directory: a reference index of construction products together with records of approvals reproduced from lists published by third-party authorities (for example, a ministry's designated sources registry or a municipality's approved products list), and, where the feature is available, product-to-standard associations declared by suppliers themselves.

You acknowledge and agree that:

  • FieldWorks does not approve, certify, test, endorse, or recommend any product. Every approval record in the Approved Products Directory is either reproduced from a published third-party authority list (identified by name, link, and, where stated, edition date) or declared by the supplier of the product. FieldWorks makes no independent assessment of whether any product meets, conforms to, or is suitable for any standard, specification, or application.
  • Authority lists change and Directory entries may be out of date. The authorities that publish approved-products lists revise, add to, and withdraw entries on their own schedules. An approval shown in the Directory reflects the source list as of the date it was recorded, which is displayed where known, and may no longer reflect the authority's current list. The presence of a product in the Directory is not a representation that it remains approved, available, compliant, or suitable for your project.
  • You must verify every product with the approving authority and the supplier. Before specifying, procuring, or incorporating any product, you must verify its current approval status directly with the relevant authority, and its specifications, availability, and suitability directly with the supplier or manufacturer.
  • Supplier-declared information is the supplier's responsibility. Where the Service permits suppliers to declare product information or product-to-standard associations, those declarations are made solely by the supplier, and FieldWorks does not verify them.
  • "Verified supplier" means only that we checked representation. Where the Service labels a supplier as verified, that label means only that FieldWorks reviewed documentation submitted by the person requesting the supplier account and concluded that the person reasonably appears to represent the named company. It is not a representation, certification, or endorsement of the supplier's products, product quality, standards conformance, business practices, or financial standing, and it does not mean FieldWorks verified any individual product, approval, or specification the supplier's account subsequently manages.
  • Supplier-managed profile content is the supplier's responsibility. Website links, business contact details, logos, and service area listings that a verified supplier account adds or edits are provided by that supplier, and FieldWorks does not independently verify their accuracy or currency. A product may list more than one supplier serving different geographic areas; those distributor or regional-agent listings reflect relationships stated in the source list or declared by the supplier or distributor, are not independently verified by FieldWorks, and do not add or change any approval record. Verified suppliers cannot add, edit, or remove approval records in this version of the Service.
  • Supplier accounts are provided at our discretion. Supplier accounts are currently offered free of charge; we may introduce a paid tier for supplier accounts in the future. We may decline a verification request, revoke a supplier's verified status, or suspend or remove a supplier account at our discretion, including where we believe the requester does not represent the company, the account has been misused, or the account's content is inaccurate or misleading.
  • Third-party rights are respected. Product names, model designations, brand names, and authority list names remain the property and, where applicable, the trademarks of their respective owners, and are referenced nominatively for identification only. No affiliation, sponsorship, or endorsement is implied in either direction.
  • Corrections are welcome but not guaranteed. The Service provides a feedback mechanism for reporting Directory errors, including out-of-date approvals. We may review and act on feedback at our discretion, but we do not commit to correcting any entry within any timeframe, and we may add, modify, or remove Directory entries or the Approved Products Directory itself at any time.

Public Standards Directory

We may make some or all of the Standards Catalog and Approved Products Directory available publicly, without an account, through pages of our website (the "Public Directory").

You acknowledge and agree that:

  • Every disclaimer in this Section 6 applies to the Public Directory. In particular: the Public Directory is a reference index only, entries may be incomplete, outdated, mislabeled, or wrong, and you must verify every standard and every product approval with its publisher, authority, or supplier before relying on it in any specification, tender, contract, procurement decision, or work product. The Public Directory is provided for general reference and does not constitute professional engineering, procurement, or legal advice.
  • Personal, non-commercial-redistribution use only. You may search and view the Public Directory for your own use. You may not bulk download, extract, harvest, scrape, crawl, or systematically copy the Public Directory or any substantial part of it, whether manually or by automated means, and you may not republish, resell, sublicense, or redistribute directory data or use it to build or train a competing product, dataset, or model, without our prior written permission. We may apply technical measures such as rate limits and paging caps to enforce this, and we may block access that circumvents or attempts to circumvent them.
  • Compilation rights are reserved. While individual standard designations and factual data are not ours, the selection, arrangement, enrichment, and compilation of the Public Directory are the work of FieldWorks and are protected to the fullest extent permitted by applicable law, including as a database or compilation.
  • Anonymous reports are welcome. The Public Directory provides a mechanism for reporting errors without an account. Reports are reviewed at our discretion; submitting a report grants us a perpetual, royalty-free right to use it to correct and improve the directory, and any contact details you include are used only to follow up on the report.
  • Availability is not guaranteed. We may change, limit, suspend, or discontinue the Public Directory, in whole or in part, at any time without notice.

7. User Responsibility and Duty to Verify

You are solely responsible for:

  • All data, files, comments, instructions, statuses, attachments, reminders, and communications entered into or transmitted through FieldWorks
  • Verifying the accuracy, completeness, timeliness, sequencing, and reliability of all information in the platform before taking any action or making any decision based on it
  • Reviewing and confirming all project records and Generated Documents before relying on them for any field activity, trade coordination, procurement, tendering, approval, scheduling, payment, certification, inspection, safety, design, construction sequencing, code compliance, or contract-administration purpose
  • Maintaining separate oversight, controls, and backup recordkeeping appropriate to the value, complexity, and risk of your projects
  • Ensuring that your use of FieldWorks complies with all applicable laws, regulations, industry standards, contractual obligations, and professional requirements in your jurisdiction

You acknowledge that construction projects involve high-value work, changing site conditions, human error, incomplete information, delays, and third-party dependencies. FieldWorks may display or transmit information entered by users, Guest Users, or External Users, and that information may be incomplete, inaccurate, untimely, or misleading. You must independently confirm all project-critical information before acting on it.

Ontario Engineering Solutions Inc. is not responsible for user-entered errors, omitted updates, missed notifications, external collaborator submissions, attachment quality, file corruption, mistaken approvals, outdated records, or failures by you or your team to monitor the platform.

8. Account Registration and Security

You must provide accurate and complete information when creating or using an account. You are responsible for:

  • Maintaining the confidentiality of login credentials
  • Restricting access to your account and devices
  • Ensuring all account users are authorized
  • Promptly notifying us of suspected unauthorized access or security incidents

You are responsible for all activity occurring under your account or your organization's accounts, except to the extent caused solely by our breach of these Terms or applicable law.

9. Organizations, Teams, and Administrative Control

FieldWorks is organization-first software. Each Organization is an isolated tenant that owns its projects, data, subscriptions, and billing. Organization Administrators are responsible for managing users, member roles, permissions, tool activation, billing ownership, external sharing, and guest access settings for their Organization.

If you are an Administrator, you represent that you are authorized to act on behalf of the Organization in connection with subscriptions, user access, content administration, and data-sharing decisions, and your actions bind the Organization. We may rely on instructions from designated organization Administrators regarding account configuration, billing, support, exports, and user access.

Each Organization is responsible for the acts and omissions of its Members, for the Guest Users and External Users it chooses to invite or admit, and for the access scopes, passwords, and permissions it configures. As between your Organization and us, access decisions made through your Organization's settings are your Organization's decisions.

10. External Share Links and Third-Party Access

FieldWorks allows your Organization to create password-protected share links through which External Users, who need not hold FieldWorks accounts, can view certain dashboards and, for some Tools, upload files subject to per-file size limits stated in the application. Your Organization controls the share password and can revoke a share link at any time. External actions are recorded in audit logs as a convenience, but audit logs are not a substitute for your own records or oversight.

You are solely responsible for:

  • Deciding what data to share externally
  • Configuring link permissions, passwords, and scope settings
  • Distributing links and passwords securely and only to intended recipients
  • Monitoring external responses and uploads
  • Revoking access when no longer appropriate
  • Ensuring external sharing complies with your contractual obligations, applicable privacy laws, and project confidentiality requirements
  • Providing any notices, permissions, instructions, or consents required for the information you choose to share through those links

External Users may not have accounts, formal identity verification, or ongoing contractual relationships with us. Anyone who obtains a share link and its password can use it; safeguarding and rotating that password is your Organization's responsibility. We do not guarantee the identity, authority, quality, timeliness, or completeness of information submitted by External Users, and content they submit through your Organization's links is treated as User Content for which your Organization is responsible. Your organization's use of external share links is governed by our Privacy Policy and any applicable data processing terms between us and your organization.

11. Cross-Organization Guest Sharing

FieldWorks allows an Organization to grant users of other Organizations ("Guest Users") access to a specific project, on either a view-and-copy basis or an edit basis. Edit access can include working with tool data, payment certificates, and exports within the shared project. The view-and-copy role includes a "copy as template" capability that copies project configuration and files, and does not copy work records, into the Guest User's own Organization.

You acknowledge and agree that:

  • The granting Organization is responsible for its grants. If your Organization shares a project, you are responsible for choosing the recipients, selecting the access level, understanding what that access level permits (including, for edit access, changes to project data and documents), and revoking access when it is no longer appropriate. Sharing decisions are your Organization's decisions, and you are responsible for ensuring they comply with your contracts, confidentiality obligations, and applicable law.
  • Guest Users act for their own Organizations. A Guest User accesses the shared project as a user of their own Organization, and each Organization remains responsible for the conduct of its own users, including conduct within projects shared by or with other Organizations.
  • Copied content belongs to the copying Organization's responsibility. Once configuration or files are copied into another Organization through the copy feature authorized by the granting Organization, the copy exists in the receiving Organization's tenant, and the receiving Organization is responsible for its use of that copy. We are not responsible for enforcing agreements between Organizations regarding shared or copied content.
  • We are not a party to inter-organization arrangements. Any dispute between Organizations concerning shared projects, guest edits, copied content, or related matters is between those Organizations. Ontario Engineering Solutions Inc. has no obligation to adjudicate such disputes and no liability arising from sharing decisions made by any Organization.

12. Subscriptions, Billing, Trials, and Refunds

Subscriptions to FieldWorks are owned by the Organization, not by individual users. Each Tool is subscribed to and billed independently on a per-user, per-tool basis. Pricing, billing periods, and feature entitlements are presented in the application, on the website, or in an order flow at the time of purchase.

Unless otherwise stated in writing:

  • Billing intervals. Subscriptions are offered on monthly or annual billing intervals, with annual billing offered at a discount relative to monthly billing. Changes to an Organization's billing interval are made through the payment processor's customer portal as made available in the application.
  • Fees billed in advance; automatic renewal. Subscription fees are billed in advance and subscriptions renew automatically until canceled.
  • Demo workspaces. We may offer a no-signup demo that provisions a temporary workspace under an anonymous account. Demo workspaces and everything created in them are automatically and permanently deleted after the period stated in the product (currently 24 hours) unless you create an account that claims the workspace before then. Demo workspaces are provided as-is for evaluation, may have features limited (for example, exports, sharing, and invitations), and starting one constitutes acceptance of these Terms.
  • Free trials. Newly activated Tools may include a 14-day free trial. We may require a valid payment method on file to activate a trial; no payment method is charged during a trial. When a trial ends, continued access to that Tool requires an active paid subscription; if none is in place, access to that Tool may be suspended until a subscription is activated. Trial availability, duration, and repeat-trial eligibility are as presented in the application and may change.
  • Seats. Seat counts for a Tool are based on the members assigned to it, and pending invitations are generally not billed until accepted, as described in the application. Seat additions during a billing period are charged when they take effect; seat reductions take effect at the next renewal. Maximums, proration, and timing are as presented in the application at the time of the change.
  • Mistaken-purchase grace period: If you subscribe by mistake, organization administrators may request a full refund of the most recent subscription charge for a given tool through the in-app billing controls within twenty-four (24) hours of that charge being paid. When a refund is completed, access for that billed tool ends promptly and the underlying subscription line item is canceled. This grace period applies to each new qualifying charge (for example, each renewal), but only while the refund control remains available for that charge in the application.
  • Standard cancellations: Outside the grace period, canceling a paid tool subscription is treated as cancel at the end of the current paid period unless we state otherwise in the product or in writing. You generally keep access until the date your current billing period ends (the paid-through date), and the subscription will not renew after that. If you cancel during a free trial before conversion, no subscription charge should apply for that trial cycle.
  • Fees are otherwise non-refundable except (i) through the grace-period flow above when offered in-app, or (ii) where required by law
  • Taxes, duties, levies, and currency conversion costs are your responsibility; where required, applicable taxes are calculated and added at checkout
  • We may change pricing upon reasonable notice; continued use after a price change takes effect constitutes acceptance

Payments are processed by Stripe or another authorized payment processor; we do not store full payment card details. Your use of payment services, invoices, or customer self-service billing tools may also be subject to the processor's terms. We may suspend or limit access for overdue amounts.

13. User Content and Data Ownership

As between you and us, you retain your rights in the data, files, records, and content you submit to FieldWorks ("User Content"). You grant Ontario Engineering Solutions Inc. a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, process, display, backup, and otherwise use your User Content as necessary to operate, secure, improve, and support the Service and to comply with legal obligations. This license includes displaying and transmitting User Content to the Members, Guest Users, External Users, and other recipients that you or your Organization authorize or invite, and generating documents and exports from User Content at your direction. This license continues for the duration of your use of the Service and for a reasonable period thereafter to the extent necessary for backup, archival, and legal compliance purposes.

You represent and warrant that you have all rights, permissions, consents, and authority necessary to upload, share, and process all content you submit through FieldWorks (including any personal information, photos, or audio it contains), and that your User Content does not violate the rights of any third party.

Feedback and Suggestions

If you submit feedback, ideas, suggestions, feature requests, bug reports, standards catalog corrections, or other communications about the Service (whether through the Suggestions page, in-app feedback mechanisms, email, support channels, or otherwise), you grant Ontario Engineering Solutions Inc. a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit such feedback for any purpose, without obligation, compensation, attribution, or restriction. You waive any moral rights you may have in such feedback to the extent permitted by law. Do not submit feedback that you wish to keep confidential or proprietary.

14. Acceptable Use

You may not:

  • Use FieldWorks for unlawful, fraudulent, defamatory, infringing, or harmful activity
  • Upload malicious code, harmful files, or content that interferes with service operation
  • Attempt to gain unauthorized access to accounts, systems, or data, including another Organization's tenant
  • Reverse engineer, decompile, or attempt to discover source code except where prohibited from restricting such rights by law
  • Scrape, harvest, or automate access in a way that burdens or disrupts the Service without our written permission
  • Interfere with security features, rate limits, logging, or monitoring
  • Use FieldWorks in a way that violates the rights of others or applicable law
  • Misrepresent your identity, affiliation, or authorization when using the Service
  • Share, resell, or circumvent per-seat or per-tool licensing, including credential sharing intended to avoid seat fees
  • Use the Service to store or transmit material that is obscene, threatening, or that promotes violence or illegal activity

We may suspend or terminate access for actual or suspected violations, with or without prior notice.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELDWORKS IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

ONTARIO ENGINEERING SOLUTIONS INC. DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, OR PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE SERVICE WILL MEET YOUR REQUIREMENTS OR PROJECT NEEDS
  • DEFECTS, BUGS, OR ERRORS WILL BE CORRECTED WITHIN ANY PARTICULAR TIMEFRAME
  • REPORTS, NOTIFICATIONS, EXPORTS, GENERATED DOCUMENTS, PAYMENT CERTIFICATES, CALCULATIONS, AUDIT LOGS, FILES, SHARE LINKS, DASHBOARDS, OR ANY PLATFORM OUTPUT WILL BE COMPLETE, ACCURATE, CURRENT, OR FIT FOR RELIANCE
  • STANDARDS CATALOG ENTRIES, METADATA, EDITION LABELS, SUGGESTED UNITS, TAGS, OR LINKS WILL BE ACCURATE, CURRENT, OR COMPLETE
  • THE SERVICE IS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, SITE REVIEW, CODE REVIEW, SAFETY OVERSIGHT, QUALITY ASSURANCE, OR CONTRACT ADMINISTRATION
  • DATA ENTERED BY OTHER USERS, GUEST USERS, EXTERNAL COLLABORATORS, OR THIRD PARTIES WILL BE ACCURATE, AUTHORIZED, COMPLETE, OR TIMELY

YOU USE FIELDWORKS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONTARIO ENGINEERING SOLUTIONS INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OPPORTUNITY, OR REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM OR RELATING TO:

  • CONSTRUCTION DEFECTS, OMISSIONS, DELAYS, COST OVERRUNS, BACKCHARGES, REWORK, OR CHANGE ORDERS
  • PERSONAL INJURY, DEATH, PROPERTY DAMAGE, SITE SAFETY EVENTS, ENVIRONMENTAL INCIDENTS, OR REGULATORY PENALTIES
  • DEFICIENCY TRACKING ERRORS, SUBMITTAL OR RFI ERRORS, INSPECTION RECORD ERRORS, MISSED DEADLINES, UNSEEN COMMENTS, FILE LOSS, CORRUPTED ATTACHMENTS, OR EXTERNAL COLLABORATOR CONDUCT
  • GENERATED DOCUMENTS OR EXPORTS, INCLUDING ERRORS IN PAYMENT CERTIFICATES, HOLDBACK CALCULATIONS, TAX CALCULATIONS, QUANTITIES, RATES, OR TOTALS, OR THE ISSUANCE, DISTRIBUTION, OR USE OF ANY GENERATED DOCUMENT
  • LIEN OR HOLDBACK CONSEQUENCES, INCLUDING MISSED PRESERVATION, PERFECTION, PROMPT-PAYMENT, OR ADJUDICATION DEADLINES, IMPROPER HOLDBACK RETENTION OR RELEASE, OR NON-COMPLIANCE WITH CONSTRUCTION OR LIEN LEGISLATION
  • TENDER, BID, OR PROCUREMENT OUTCOMES, INCLUDING FAILED, LATE, NON-COMPLIANT, OR DISQUALIFIED TENDERS OR BIDS, OR PROCUREMENT CHALLENGES OR DISPUTES
  • PAYMENT DISPUTES BETWEEN YOU AND ANY OWNER, CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR OTHER PROJECT PARTICIPANT
  • RELIANCE ON THE STANDARDS CATALOG, INCLUDING INACCURATE OR OUTDATED DESIGNATIONS, TITLES, EDITION LABELS, UNITS, TAGS, OR LINKS, OR RELIANCE ON A SUPERSEDED OR INAPPLICABLE STANDARD
  • SHARING DECISIONS, INCLUDING EXTERNAL SHARE LINKS, GUEST ACCESS GRANTS, GUEST EDITS, OR CONTENT COPIED BETWEEN ORGANIZATIONS
  • RELIANCE ON PLATFORM DATA, STATUS INDICATORS, EXPORTS, APPROVALS, NOTIFICATIONS, DASHBOARDS, OR ANY PLATFORM OUTPUT
  • UNAUTHORIZED ACCESS, DATA BREACHES, SYSTEM OUTAGES, THIRD-PARTY SERVICE FAILURES, OR DATA TRANSFER DELAYS
  • DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION IN THE PLATFORM, WHETHER OR NOT THE INFORMATION WAS ACCURATE, COMPLETE, OR CURRENT
  • FAILURE TO MAINTAIN SEPARATE OFFICIAL PROJECT RECORDS OR INDEPENDENT VERIFICATION PROCESSES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AND THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO A REFUND OF THE SUBSCRIPTION FEES YOU ACTUALLY PAID TO ONTARIO ENGINEERING SOLUTIONS INC. FOR THE BILLING PERIOD IN WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED, AND WILL IN NO EVENT EXCEED THOSE FEES. WHERE YOU HAVE PAID NO FEES (INCLUDING USE OF ANY DEMO WORKSPACE, FREE TRIAL, FREE MODE, OR THE PUBLIC DIRECTORY), THE RELEASED PARTIES HAVE NO LIABILITY TO YOU WHATSOEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BEYOND SUCH A REFUND, THE RELEASED PARTIES CARRY NO LIABILITY FOR YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY OF ITS OUTPUTS.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, EQUITY, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES FROM BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

17. Assumption of Risk

You acknowledge that:

  • Construction and infrastructure projects involve substantial financial, operational, safety, legal, and scheduling risks
  • Digital records and communications tools can contain errors, omissions, timing gaps, connectivity issues, synchronization issues, and user mistakes
  • FieldWorks is a coordination aid, recordkeeping platform, and document formatting tool, not a life-safety, emergency-response, code-compliance, structural-analysis, or professional-certification system
  • Third-party content, external submissions, standards catalog metadata, and user-entered data may be unreliable
  • No software platform can replace human oversight, professional judgment, or physical verification of site conditions

YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH DECISIONS MADE USING, OR IN RELIANCE UPON, THE SERVICE AND ALL PROJECT CONSEQUENCES ARISING FROM YOUR USE OF OR FAILURE TO USE THE SERVICE, INCLUDING FAILURE TO INDEPENDENTLY VERIFY INFORMATION OR GENERATED DOCUMENTS.

18. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, you agree to defend, indemnify, and hold harmless Ontario Engineering Solutions Inc. and its officers, directors, employees, contractors, affiliates, licensors, and agents (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, investigations, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

  • Your access to or use of FieldWorks
  • Your organization's use of FieldWorks
  • Your User Content, data, uploads, comments, links, files, or external share workflows
  • Your sharing decisions, including external share links you create, guest access you grant, and content copied to or from your Organization through sharing features
  • Your issuance, distribution, submission, certification, reliance on, or other use of any Generated Document or export, including payment certificates and tender documents
  • Your use of or reliance on the Standards Catalog or any third-party standard referenced in it
  • Your violation of these Terms or applicable law
  • Your infringement or violation of any third-party right, including intellectual property, privacy, or contractual rights
  • Any project decision, site action, professional service, regulatory issue, safety event, dispute, injury, delay, defect, lien claim, procurement challenge, or loss allegedly connected to your use of the Service
  • Your failure to maintain independent verification processes, official project records, or professional oversight

We will provide you with reasonable notice of any such claim and will cooperate with your defense, at your expense.

19. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal Resolution First

Before starting a formal claim, you agree to first send a written notice of dispute to support@fieldworkshq.com and allow at least thirty (30) days for good-faith efforts to resolve the matter informally. The notice must include your name, contact information, a description of the dispute, and the specific relief sought.

Binding Arbitration

Except for claims that may be properly brought in small claims court and claims seeking injunctive relief for misuse of intellectual property or unauthorized access, any dispute, claim, or controversy arising out of or relating to FieldWorks, these Terms, or the parties' relationship (including the validity, enforceability, or scope of this arbitration provision) will be resolved by final and binding arbitration rather than in court.

For users located in Canada, arbitration will be conducted in Ontario, Canada, under the rules of the ADR Institute of Canada in effect at the time the claim is filed, unless the parties agree otherwise. For users located outside Canada, we may elect for arbitration to proceed under a commercially reasonable international arbitration framework, including ICC rules, in English.

The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this agreement is void or voidable.

Nothing in this section limits any non-waivable right you may have under applicable consumer protection legislation to pursue certain claims in court.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ONTARIO ENGINEERING SOLUTIONS INC. EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision will be null and void with respect to the claim at issue.

Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO FILE WITHIN THIS PERIOD CONSTITUTES A PERMANENT WAIVER AND BAR OF SUCH CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Governing Law

These Terms and any dispute arising out of or relating to them are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles, except to the extent superseded by applicable mandatory arbitration law.

20. Intellectual Property

FieldWorks, including its software, interfaces, branding, site content, design, documentation, and underlying technology, is owned by or licensed to Ontario Engineering Solutions Inc. and is protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, no rights, title, or interest in or to the Service are transferred to you. All rights not expressly granted are reserved.

Third-party names, standard designations, and trademarks referenced in the Service, including in the Standards Catalog, remain the property of their respective owners, and nothing in these Terms grants you any rights in them.

21. Termination

You may stop using the Service at any time. We may suspend or terminate your access, in whole or in part, with or without notice, if:

  • You violate these Terms
  • Your subscription fees become overdue
  • We reasonably suspect misuse, fraud, abuse, or security risk
  • We are required to do so by law or a service-provider limitation
  • We discontinue the Service or a material feature

Upon termination, your right to use the Service will cease immediately. We may retain or delete data in accordance with our documented data retention practices, your subscription status, applicable law, and any applicable written data processing terms. We are not obligated to maintain or provide copies of your data after termination except to the extent required by applicable law or contract. If you wish to export your data, you should do so before termination or contact us within thirty (30) days of termination to request a data export, subject to verification of your identity and authority and any applicable legal or contractual limits.

Survival

The following sections survive termination of these Terms: Sections 4 (No Professional Services Disclaimer), 5 (Generated Documents and Exports), 6 (Third-Party Standards Catalog), 7 (User Responsibility and Duty to Verify), 13 (User Content and Data Ownership), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Assumption of Risk), 18 (Indemnification), 19 (Dispute Resolution, Arbitration, and Class Action Waiver), 20 (Intellectual Property), 22 (Force Majeure), and 23 (General Provisions), along with any other provisions that by their nature should survive.

22. Force Majeure

Ontario Engineering Solutions Inc. will not be liable for any delay, interruption, or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic events, war, terrorism, civil unrest, labor disputes, Internet or telecommunications failures, cloud-provider outages, utility failures, cyberattacks, governmental actions, regulatory changes, sanctions, or service-provider disruptions.

23. General Provisions

Assignment

You may not assign, transfer, or delegate these Terms or any of your rights or obligations without our prior written consent. Ontario Engineering Solutions Inc. may assign these Terms, in whole or in part, to any affiliate or successor in interest, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent and without notice. Any purported assignment in violation of this section is void.

Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Ontario Engineering Solutions Inc.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than you and Ontario Engineering Solutions Inc. may enforce any provision of these Terms.

Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Ontario Engineering Solutions Inc. Neither party has the authority to bind the other or incur obligations on the other's behalf.

Notices

Notices to Ontario Engineering Solutions Inc. must be sent to support@fieldworkshq.com or by mail to the address in Section 27. Notices to you may be sent to the email address associated with your account, displayed within the Service, or posted on the FieldWorks website, and are deemed received when sent or posted.

Export Controls and Sanctions

You represent that you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive trade sanctions, and that you are not identified on any applicable restricted-party list. You agree to comply with all applicable export control laws, trade sanctions, and import regulations in connection with your use of the Service.

Compliance with Laws

You are responsible for ensuring that your use of FieldWorks complies with all applicable laws, regulations, codes, standards, and contractual obligations in your jurisdiction, including construction regulations, lien and prompt-payment legislation, procurement law, workplace safety requirements, data protection laws, professional licensing obligations, and recordkeeping requirements.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

24. Severability

If any provision of these Terms is found unenforceable, invalid, or unlawful by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. If a provision cannot be reformed, it will be severed and the remaining Terms will continue to apply.

25. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, any applicable order, subscription flow, Data Processing Addendum, or separate written agreement expressly referencing FieldWorks, constitute the entire agreement between you and Ontario Engineering Solutions Inc. regarding FieldWorks and supersede all prior or contemporaneous proposals, understandings, representations, warranties, and agreements relating to the subject matter, whether written or oral.

26. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, sending an email, displaying an in-app notice, or using another reasonable method at least thirty (30) days before the changes take effect, except where a shorter notice period is necessary to address legal or security requirements.

Unless otherwise stated, updated Terms become effective when posted. Your continued use of FieldWorks after the effective date of revised Terms constitutes acceptance of the updated Terms to the maximum extent permitted by law. If you do not agree to the revised Terms, you must stop using the Service.

27. Contact

For legal notices or questions about these Terms, contact:

Ontario Engineering Solutions Inc.
FieldWorks Legal
21 Duke Street
St. Catharines, Ontario
Canada
support@fieldworkshq.com

BY CREATING AN ACCOUNT, ACCESSING THE SERVICE, OR OTHERWISE USING FIELDWORKS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE FIELDWORKS.