Terms of Service

Agreement to These Terms

By creating an account or using the Service, you accept these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

• The Service is offered for business use only. The account holder is your business, not any individual user, and these Terms are not a consumer agreement.
• The person who creates the account represents that they are at least 18 years old and have authority to bind the business to these Terms.
• Administrators are responsible for the users they invite; every user's use of the Service is attributed to the business under these Terms.

The Service

FSMsync is field service management software for trade businesses. Depending on your plan and configuration, the Service includes customer management, job scheduling and dispatch, estimates and approvals, invoicing, payment collection through third-party processors, time tracking, transactional customer notifications, reporting, and optional integrations (such as QuickBooks Online and Google Calendar).

We are continuously improving the Service and may add, change, or remove features. If a change materially reduces core functionality you are paying for, we will give you advance notice by email.

Accounts & Seats

• You must provide accurate registration and billing information and keep it current.
• You are responsible for safeguarding login credentials and for all activity under your account. Notify us promptly at support@fsmsync.com if you suspect unauthorized access.
• Each subscription plan includes a maximum number of user seats, as described on our pricing page. Seat limits are enforced when you subscribe or change plans. Sharing a single login to circumvent seat limits is not permitted.
• Your administrators control user roles and access within your account; you are responsible for those access decisions.

Free Trial

New accounts receive a 14-day free trial with access to the Service's features. No credit card is required to start a trial.

• If you subscribe during the trial, any remaining trial days are honored before paid billing begins.
• If the trial ends without a subscription, your account becomes limited (generally read-only). Your data is retained per Section 8, and you can subscribe at any time to restore full access.
• We may change the terms of the free trial for future signups; changes do not affect a trial already in progress.

Fees & Billing

• The Service is billed as a month-to-month subscription at the flat per-tier prices shown on our pricing page. There are no annual contracts and no per-user fees; each tier includes its stated seat allowance.
• Subscriptions renew automatically each month until cancelled. Billing is processed by our payment processor, Stripe; by subscribing you authorize recurring charges to your payment method.
• Plan upgrades and downgrades take effect through the billing portal; any price difference is handled by the payment processor's standard proration and cycle rules, shown to you at the time of the change.
• Prices may change. We will give you at least 30 days' notice by email before a price change affects your subscription; the new price applies from your first billing cycle after the notice period. If you do not agree, cancel before the new price takes effect.
• Prices exclude taxes. Where we are required to collect sales or similar taxes on the Service, they will be added to your invoice.
• You are responsible for keeping a valid payment method on file. See Section 7 for what happens when payment fails.

Cancellation & Refunds

• Cancellation takes effect at the end of your current billing period. You keep full access until then.
• Except where required by law, fees are non-refundable and we do not prorate partial billing periods. We may, at our sole discretion, issue refunds or credits in individual cases; doing so once does not obligate us to do so again.
• After cancellation, your account and data are handled as described in Sections 7 and 8.

Non-Payment & Account States

We built the Service so that a billing problem at your office never strands your crew in the field. If a renewal payment fails or a subscription lapses:

• Past due: your team's access becomes read-only, but administrators keep access to billing settings and can still record and collect payments on your outstanding customer invoices — it's your revenue, and a billing hiccup on our side of the relationship shouldn't block it.
• Expired or cancelled: the account becomes read-only. Administrators retain access to billing (to reactivate) and to data export and compliance tools.
• We do not delete your data merely because an account is past due, expired, or cancelled; retention and deletion follow Section 8.
• We may suspend or restrict access for material violations of these Terms (see Sections 14 and 20), independent of billing status.

Your Data & Your Customers' Data

• "Your Data" means the content you and your team put into the Service: customers, jobs, estimates, invoices, payments records, time entries, notes, and similar records. You own Your Data.
• You grant us a limited license to host, process, transmit, back up, and display Your Data solely to provide and support the Service (including sending documents and messages you initiate to your customers).
• Your Data includes personal information about your customers. You are responsible for having the right to collect and store that information and for how you use it; we process it on your behalf as described in the Privacy Policy.
• Export: you can export your records (for example, customer and revenue CSV exports and the account data-export tool) at any time while your account has access, including the read-only states in Section 7.
• After termination: your account becomes read-only and Your Data is retained as described in the Privacy Policy; you may request deletion of your account and data at any time, and personal information on deleted records is anonymized on an automated schedule. Financial transaction records may be retained longer where tax or legal requirements apply.
• We may use anonymized, aggregated statistics that cannot be linked to you or your customers to operate and improve the Service.

Text Messaging (SMS)

The Service can send transactional text messages to your customers — appointment reminders and technician-on-the-way notifications — from a shared FSMsync toll-free number. Because these are messages from your business to your customers:

• Messages are only sent to customers with a recorded opt-in in your account. The Service provides opt-in capture (including on the estimate-approval page) and per-customer consent controls.
• You are responsible for the validity of consent you record — including consent you enter on a customer's behalf after verbal or written permission — and for honoring revocations, in compliance with the TCPA, CTIA guidelines, and applicable law.
• Recipient STOP requests are honored automatically and immediately by the Service; you must not attempt to message a customer who has opted out.
• The Service does not provide marketing or promotional messaging, and you may not use it to send any. See our SMS consent disclosure.
• You will indemnify us for claims arising from messages sent at your direction without valid consent (see Section 19).

Emails Sent on Your Behalf

When you send estimates, invoices, receipts, and similar documents through the Service, the email is presented to your customer with your business name as the sender and replies directed to your email address. You authorize us to transmit these communications on your behalf, and you are responsible for the accuracy and lawfulness of their content — including prices, terms you extend to your customers, and any obligations your trade imposes on written estimates or invoices.

Payment Processing

• Payments you collect from your customers are processed by Square (and payment links served through the Service). Your Square merchant account, its fees, and its terms are an agreement between you and Square.
• Your FSMsync subscription is billed by Stripe under Stripe's terms.
• You are responsible for transactions with your customers — including refunds you owe them, chargebacks, disputes, and processing fees. FSMsync is not a party to those transactions.
• FSMsync is software, not a bank, money transmitter, or payment processor, and we do not hold funds.

Third-Party Integrations

The Service offers optional integrations with third-party products such as QuickBooks Online, Google Calendar, Square, and SMS carriers. Your use of a third-party product is governed by that product's own terms, and you can disconnect integrations from your settings at any time.

• We are not responsible for third-party services, their availability, or changes they make that affect an integration.
• We may add, modify, or discontinue integrations. If we discontinue one you actively use, we will give you reasonable notice where practicable.
• Data shared with a connected third party is described in the Privacy Policy.

AI-Assisted Features

Some features use artificial intelligence — for example, AI-assisted estimate drafting, which generates a draft from your request and your own account's pricing history.

• AI output is a suggestion, not a finished document. Nothing is sent to your customer until you review, edit, and send it, and you are responsible for what you send — including prices and scope.
• We do not warrant the accuracy, completeness, or suitability of AI-generated content.
• AI features may be subject to usage limits by plan, and we may modify, limit, or discontinue them.
• Your Data is used to ground AI output for your account only — it is not used to train models or generate output for other customers.

Acceptable Use

You agree to use the Service only for lawful business purposes. You will not:

• Use the Service to violate any law, including telemarketing, consumer-protection, and privacy laws;
• Send spam or unsolicited marketing through the Service, or message individuals without valid consent;
• Upload content that is unlawful, infringing, or malicious (including malware);
• Reverse engineer, scrape, resell, sublicense, or provide the Service to third parties as a service bureau;
• Circumvent seat limits, usage limits, or security controls, or probe or test the Service's security without written permission;
• Impose unreasonable load on the Service or interfere with other customers' use.

We may suspend or restrict access for violations, with notice where practicable.

Availability & Support

• We work to keep the Service available and use commercially reasonable efforts to do so, but the Service is provided without an uptime guarantee or service-level agreement.
• Maintenance, updates, and events outside our control may cause interruptions.
• Support is provided by email at support@fsmsync.com. We aim to respond promptly during U.S. business hours.

Intellectual Property

• We own the Service — the software, design, and everything in it other than Your Data. Your subscription is a limited, non-exclusive, non-transferable right to use the Service while these Terms are in effect; no other rights are granted.
• Your business name, marks, and Your Data remain yours.
• If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

The Service is a tool for running your business — it is not accounting, tax, legal, or professional advice. You remain responsible for your business decisions and for complying with the laws and licensing requirements of your trade, including the accuracy of estimates, invoices, and records you produce with the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

These limits do not apply to your payment obligations, your indemnification obligations, or either party's liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Indemnification

You will defend and indemnify Ki-YOTE LLC and its owner, employees, and agents against third-party claims, damages, and costs (including reasonable attorneys' fees) arising from: (a) Your Data; (b) your use of the Service in violation of these Terms or applicable law; (c) messages and communications sent at your direction, including claims under the TCPA or similar laws; and (d) your transactions and relationships with your own customers.

Termination

• By you: cancel at any time per Section 6.
• By us: we may suspend or terminate your account for material breach of these Terms that remains uncured 10 days after we notify you, immediately for unlawful use or serious Acceptable Use violations, or as described in Section 7 for lapsed subscriptions.
• Effect: your license to use the Service ends. Export access and data retention/deletion follow Sections 7 and 8 and the Privacy Policy.
• Sections that by their nature should survive (including 8, and 16–23) survive termination.

Governing Law & Disputes

• These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.
• Before filing any claim, you agree to contact us at support@fsmsync.com and give us 30 days to try to resolve the dispute informally.
• Any dispute not resolved informally will be brought exclusively in the state or federal courts with jurisdiction over Rockwall County, Texas, and each party consents to their jurisdiction and venue.
• TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY, AND DISPUTES WILL BE BROUGHT INDIVIDUALLY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

Changes to These Terms

We may update these Terms as the Service evolves. If a change is material, we will notify account administrators by email at least 30 days before it takes effect. Continued use of the Service after the effective date constitutes acceptance; if you do not agree, cancel before the change takes effect. The current version will always be posted at this page.

General Terms

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between us regarding the Service and supersede prior discussions.
• Severability: if any provision is unenforceable, the rest remain in effect.
• No waiver: not enforcing a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices: we send notices to your account administrators' email addresses; you send notices to support@fsmsync.com.
• No third-party beneficiaries: these Terms create no rights in anyone other than you and us.

Contact

Questions about these Terms: