FieldSize End User License Agreement (EULA)

This End User License Agreement ("EULA") governs your use of the FieldSize application ("App") developed and maintained by FieldSize ("Licensor"). By purchasing or using the App, you ("Licensee" or "User") agree to all terms herein. This EULA applies specifically to the "Paint Team" subscription model described below.

1. License Grant

2. Subscription Terms

3. Data Retention Policy

4. Intellectual Property

5. User Responsibilities and Acceptable Use

6. Safety and On-Site Use Disclaimer

7. Third-Party Services and External Integrations

8. Indemnification

9. Changes to the App and This EULA

10. Maintenance and Support

11. Use of Data

12. User Content and Feedback

13. Legal Compliance

14. Limitation of Liability

15. Termination

16. Governing Law

This EULA shall be governed by the laws of Wisconsin, USA, with exclusive jurisdiction in courts located in the county where FieldSize's principal place of business is located.

17. Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

18. Assignment

You may not assign or transfer this EULA or your rights under it without FieldSize's prior written consent. FieldSize may assign this EULA in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

19. Entire Agreement

This EULA, together with the Privacy Policy, constitutes the entire agreement between you and FieldSize regarding the App and supersedes any prior or contemporaneous understandings related to the App.

20. Apple App Store Additional Terms

The following terms apply if you acquired the App from the Apple App Store:

20.1 Acknowledgement

You acknowledge that this EULA is concluded between you and FieldSize only, and not with Apple Inc. ("Apple"). FieldSize, not Apple, is solely responsible for the App and its content. This EULA may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you download the App.

20.2 Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

20.3 Maintenance and Support

FieldSize is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

20.4 Warranty

FieldSize is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be FieldSize's sole responsibility.

20.5 Product Claims

You and FieldSize acknowledge that FieldSize, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (if applicable). This EULA does not limit FieldSize's liability to you beyond what is permitted by applicable law.

20.6 Intellectual Property Rights

You and FieldSize acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, FieldSize, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

20.7 Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

20.8 Third Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App. For example, if you use the App in a way that requires wireless data service, you must not be in violation of your wireless data service agreement when using the App.

21. Contact

Developer Name and Address:
FieldSize
459 Lisa Ct, Oregon
Wisconsin, USA

Contact Information:
Email: support@fieldsize.com
For questions, complaints, or claims with respect to the App, please contact us at the above email address.