Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Fieseros platform and all related services, features, applications, and websites (collectively, the "Service") operated by Fieseros, Inc. ("Fieseros," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

You represent and warrant that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business entity, you further represent and warrant that you are authorized to bind that entity to these Terms.

Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Service

Fieseros is a customer relationship management (CRM) and business operations platform designed for service-based businesses. The Service enables businesses to manage customer relationships, schedule and dispatch jobs, communicate via email, SMS, push, and in-app channels, process payments, generate invoices, handle bookings, and automate workflows.

The Service includes, but is not limited to, the following features:

• Customer and contact management
• Job scheduling, dispatch, and lifecycle tracking
• Email, SMS, push, and in-app messaging
• Invoice generation, payment processing, and billing
• Booking and appointment management
• Marketing campaigns and audience segmentation
• Workflow automation and trigger-based actions
• Employee management and team collaboration
• Customer portal and self-service tools
• Analytics, reporting, and dashboards
• Third-party integrations and API access

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, including the availability of any feature, database, or content, with reasonable notice where practicable.

3. Account Registration

3.1 Account Creation

To use the Service, you must register for an account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information at all times.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify Fieseros of any unauthorized use of your account. Fieseros will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Business Verification

Certain features of the Service, including payment processing and certain communication features, may require business verification. You agree to provide accurate business information and documentation as requested. Fieseros reserves the right to suspend accounts that fail verification or provide misleading information.

3.4 Account Restrictions

You must be at least 18 years of age to create an account. You may not create multiple accounts for the same business entity without prior written consent. Each account is associated with a single business entity, and you may not transfer your account to another party without our approval.

4. Subscription & Billing

4.1 Plans and Pricing

Fieseros offers multiple subscription plans with varying features and usage limits. Current pricing and plan details are available on our website. All prices are listed in US dollars unless otherwise stated. We reserve the right to change pricing at any time, subject to the notice requirements in Section 17.

4.2 Payment Terms

By subscribing, you authorize Fieseros to charge your payment method on a recurring basis. Payments are due at the beginning of each billing cycle. If a payment fails, we may retry the charge and suspend access to the Service until payment is successfully processed.

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Upon renewal, you will be charged the then-current rate for your plan. You may cancel auto-renewal at any time through your account settings or by contacting our support team.

4.4 Trial Periods

Fieseros may offer free trial periods for new subscribers. Trials are limited to one per business entity. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial expires. You will be notified before any charges are applied.

4.5 Refunds

Subscription fees are non-refundable except as required by applicable law or as expressly stated in these Terms. If you are not satisfied with the Service, you may cancel your subscription at any time, and you will retain access until the end of your current billing period.

4.6 Price Changes

We may change our pricing at any time. For existing subscribers, we will provide at least 30 days' advance notice before any price increase takes effect. Price increases will apply starting with your next billing cycle after the notice period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

5. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. The following activities are strictly prohibited:

• Sending unsolicited or spam messages via any channel, including email or SMS
• Transmitting content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Scraping, crawling, or extracting data from the Service or any third-party service integrated with the platform
• Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Service
• Abusing API rate limits, creating excessive accounts, or otherwise overloading the Service infrastructure
• Using the Service to violate the privacy rights or intellectual property rights of others
• Distributing malware, viruses, or any code of a destructive nature
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Using automated scripts or bots to interact with the Service without prior written authorization
• Circumventing any security measures, authentication systems, or access controls
• Using the Service to facilitate fraud, money laundering, or other financial crimes
• Sharing your account credentials with unauthorized third parties
• Using the Service in any manner that could damage, disable, or impair the Service or interfere with any other party's use

Fieseros reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.

6. Intellectual Property

6.1 Fieseros Intellectual Property

The Service and all of its contents, features, and functionality — including but not limited to software, text, graphics, logos, icons, images, audio clips, data compilations, and the design, selection, and arrangement thereof — are owned by Fieseros, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 User Content Ownership

You retain ownership of all content that you upload, create, or submit to the Service ("User Content"), including customer data, messages, templates, documents, and business information. Nothing in these Terms transfers ownership of your User Content to Fieseros.

6.3 License Grant to Fieseros

By uploading or submitting User Content to the Service, you grant Fieseros a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, modify, publish, transmit, store, and distribute such User Content solely for the purpose of providing the Service to you, including improving our systems, providing customer support, and complying with legal obligations. This license terminates when you delete your User Content or your account, except where retention is required by law.

7. Third-Party Services

The Service may integrate with or provide links to third-party services, including payment processors, communication providers, and analytics platforms. Your use of third-party services is subject to their respective terms and policies. Fieseros is not responsible for the availability, accuracy, or legality of third-party services, and you use them at your own risk.

You are responsible for complying with all applicable terms of service and policies of any third-party services you connect to or use in conjunction with the Service. This includes obtaining all necessary consents from your contacts before sending communications and honoring opt-out requests promptly. Fieseros does not control and is not responsible for the practices of these third-party services.

8. Data & Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Data Processing

Fieseros processes data on your behalf as a data processor for the purpose of providing the Service. You are the data controller for all User Content and customer data you upload to the platform. You are responsible for ensuring that you have obtained all necessary consents and legal bases for processing such data.

8.2 GDPR Compliance

To the extent that the General Data Protection Regulation (GDPR) applies to your use of the Service, Fieseros acts as a data processor under Article 28 of the GDPR. We process personal data only in accordance with your instructions and the terms of our Data Processing Agreement (DPA), which is available upon request. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

8.3 Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. After account termination, we retain data for 30 days to allow for data export, after which it is deleted in accordance with our data retention policy, except where retention is required by law.

9. User Content

9.1 Ownership and Responsibility

You own your User Content and are solely responsible for it, including ensuring that it does not violate any applicable laws or the rights of any third party. Fieseros does not endorse, verify, or take responsibility for any User Content.

9.2 License to Fieseros

As described in Section 6.3, you grant Fieseros a limited license to process and handle your User Content for the purpose of providing the Service. This includes the right to display your content within your account, process messages through integrated channels, and generate reports and analytics based on your data.

9.3 Right to Remove

Fieseros reserves the right to remove or disable access to any User Content that, in our sole discretion, violates these Terms, is objectionable, or could expose us or others to legal liability. We will make reasonable efforts to notify you before removing your content, unless immediate action is required to comply with law or prevent harm.

10. Service Level & Availability

10.1 Best Effort

Fieseros strives to provide a reliable and available Service, but we do not guarantee uninterrupted access. The Service is provided on a best-effort basis, and we make no commitments regarding uptime, response times, or availability beyond what is stated in any applicable Service Level Agreement (SLA) provided with paid plans.

10.2 No SLA for Free Plans

Free and trial plans do not include any service level commitments. Users on free plans may experience reduced performance, feature limitations, and lower priority support.

10.3 Maintenance Windows

We may perform scheduled maintenance, updates, or upgrades to the Service. We will make reasonable efforts to provide advance notice of scheduled maintenance that may affect Service availability. Emergency maintenance may be performed without prior notice when necessary to address security vulnerabilities, critical bugs, or infrastructure issues.

11. Termination

11.1 Termination by You

You may cancel your subscription or close your account at any time through your account settings or by contacting our support team. Upon cancellation, you will retain access to the Service until the end of your current billing period. No partial refunds will be provided for unused portions of a billing period.

11.2 Termination by Fieseros

Fieseros may suspend or terminate your account immediately, without prior notice, for cause, including but not limited to:

• Violation of these Terms or any applicable policies
• Fraudulent, abusive, or unlawful activity
• Conduct that could cause harm to Fieseros, its users, or third parties
• Failure to pay applicable fees after reasonable notice
• Violation of third-party service policies

For terminations not involving immediate cause, Fieseros will provide at least 30 days' written notice.

11.3 Data Export

Upon account termination, you may request an export of your data within 30 days of termination. We will provide your data in a commonly used, machine-readable format. It is your responsibility to export any data you wish to retain before the 30-day period expires.

11.4 Data Deletion

After the 30-day post-termination data export period, Fieseros will permanently delete your account data, including User Content, customer records, messages, and all associated information, in accordance with our data retention policy. Certain data may be retained as required by law, for legal proceedings, or as anonymized, aggregated data that cannot identify you or your customers.

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by applicable law, Fieseros's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to Fieseros during the twelve (12) months immediately preceding the event giving rise to the claim.

12.2 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall Fieseros be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, regardless of whether such damages are based on contract, tort, strict liability, or any other legal theory, and whether or not Fieseros has been advised of the possibility of such damages.

12.3 Basis of the Bargain

The limitations and disclaimers in this Section apply whether or not the limited remedies provided in these Terms fail of their essential purpose. These limitations reflect a deliberate allocation of risk between the parties and form an essential basis of the bargain.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fieseros, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, costs, expenses (including reasonable attorneys' fees), and liabilities arising out of or related to:

• Your use of the Service, including any use that violates these Terms
• Your User Content, including claims that it infringes the rights of any third party
• Your violation of any applicable laws or regulations
• Your violation of any third-party service terms
• Any claims by your customers or end users related to your use of the Service

Fieseros reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Fieseros's defense of such claim.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF DEALING.

Fieseros does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Service will be accurate or reliable; (c) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or (d) any errors in the Service will be corrected.

You assume all risk for any damage that may result from your use of the Service, including damage to your business, data, or systems. No advice or information, whether oral or written, obtained from Fieseros or through the Service, shall create any warranty not expressly stated in these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

All claims and disputes arising out of or related to these Terms or the Service shall be litigated exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

16. Dispute Resolution

16.1 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

The arbitration shall be conducted in the State of Delaware. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order, including provisional remedies. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

16.2 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Fieseros.

16.3 Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to enforce payment obligations. Claims of less than $10,000 may be brought in small claims court without arbitration.

17. Changes to Terms

Fieseros reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated Terms on our website and sending a notification to the email address associated with your account.

What constitutes a material change will be determined at our sole discretion, in good faith, and using common sense. Material changes include, but are not limited to, changes to: subscription pricing, liability limitations, dispute resolution procedures, and data handling practices.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may cancel your account as described in Section 11.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

For support inquiries, please visit our Contact Us page.