Terms of Service
Draft — not yet in effect · Kevin Ventures LLC
This page is not final. The wording below is what will apply, but we are still confirming the postal address and the effective date — shown in brackets. For the published version, email hello@getfieldpacket.com.
These terms are the agreement between Kevin Ventures LLC, a New York limited liability company ("we", "us"), and the company that uses FieldPacket ("you"). Using FieldPacket means you accept them. If you are agreeing on behalf of a company, you confirm you may bind it.
1. What FieldPacket does
FieldPacket collects job data and photos in the field, checks a job against a rebate program's required list, builds the documents the program asks for, and fills your application in the program's own portal using your company's credentials.
A person at your company always reviews the application and presses Submit. We prepare and fill; you file. We are not your agent before NYSERDA, Con Edison or any other program, and nothing in the app is legal, tax or engineering advice.
2. Who may use it
FieldPacket is for businesses, not consumers, and is used by people aged 18 or over acting for a company.
3. Accounts
Accounts are by invitation — there is no self-serve sign-up. We create your company and switch on the programs you are set up for; your owner or admin then invites your team and sets what each person may see.
You are responsible for what the people you invite do, for keeping logins private (one login per person, never shared), for the accuracy of the portal credentials you add, and for telling us promptly at hello@getfieldpacket.com if you think an account has been compromised.
4. Your content stays yours
Your jobs, customer data, photos, documents and packets are yours. You give us permission to store and process them only to run the service for you — including sending documents and photos to the AI reading service described in our Privacy Policy, and filling your applications in a program's portal on your instruction. We claim no ownership, and you can export your applications, photos and packets at any time.
You confirm you have the right to put your customers' information into FieldPacket and the permissions you need to do so, including for the photos you upload.
5. Acceptable use
You will not use FieldPacket to:
- create or alter evidence — a photo, a measurement, a document or an answer — to make a job look like something it was not;
- sign, or arrange the signing of, anything in a customer's name without that customer doing it;
- work backwards from a wanted rebate outcome by changing inputs until the numbers land in a better category;
- file an application you know to be inaccurate, or use someone else's portal credentials;
- break the law or a program's own rules, infringe anyone's rights, or upload data you have no right to hold;
- attempt to reach another company's data, probe or interfere with the service, scrape it, resell it, or copy it into a competing product.
The app is built to report what a program's rules say, honestly, including when the answer is inconvenient. We may suspend an account that is used against this section.
6. Rebates are the program's decision, not ours
We do not promise that any application will be approved, that any amount will be paid, or how long a program will take. Program rules, forms, portals and incentive amounts change, sometimes without notice, and a program can reject or claw back an incentive. You are responsible for the accuracy and completeness of what you submit, and for your own contractor licensing and program participation.
7. Load calculations
FieldPacket does not perform ACCA-approved Manual J calculations. It collects and checks the inputs, and reads the report your approved Manual J software produced. The calculation, and responsibility for it, stay with that software and with you.
8. Other services you connect
You may connect accounts you already have — a program portal, Housecall Pro, Google Drive, a messaging or e-signature account, your phone system. Connecting one authorises us to use it for the work you ask for; filling your portal application is included, pressing Submit is not. Your use of those services is governed by your own agreements with them, and we are not responsible for what they do or for an outage on their side.
9. Fees
Fees, if any, are the ones stated in the written plan or order we agree with you. We will give you notice before a price changes, and you may end the agreement rather than accept it. Unpaid fees may lead to suspension after we have asked you for payment.
10. Changes to the service, and availability
We are actively building FieldPacket: features are added, improved and occasionally retired. Some features are switched off until a company asks for them. We do not promise any level of uptime, and some maintenance means a short interruption. We will not make a change that removes your ability to export your own data.
11. No warranty
FieldPacket is provided “as is”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.
12. Limit of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, lost rebates or lost data. Our total liability for any claim relating to the service is limited to the greater of the fees you paid us in the twelve months before the claim and US $100.
These limits do not apply to anything the law does not allow us to limit.
13. Your responsibility to us
You will cover our reasonable costs for a third-party claim that arises from your content, from an application you submitted, or from your use of FieldPacket against section 5.
14. Ending the agreement
You may stop using FieldPacket at any time and ask us to close your account. We may end or suspend an account for a material breach of these terms, for non-payment after notice, or if a program or the law requires it. On termination you can export your data; after a short wind-down period we delete it, as described in the Privacy Policy.
15. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for this agreement. Your job and customer data is yours and is never shown to another company using FieldPacket.
16. Changes to these terms
If we change these terms we will post the new version here and move the effective date. A change that matters to how you use the service will be sent to your account's owner as well. Continuing to use FieldPacket after a change means you accept it.
17. Law and disputes
These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, and any dispute will be heard in the state or federal courts located in New York. They take effect on [EFFECTIVE DATE]. If a provision is unenforceable the rest still stands.
18. Contact
Kevin Ventures LLC
[POSTAL ADDRESS]
hello@getfieldpacket.com