Field Tally — Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Field Tally (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Odd Bird Labs LLC (“Company,” “we,” “us,” or “our”).

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Description of the Service

Field Tally is a photo and report management tool designed for professionals in the construction and adjacent industries. Features may include photo capture and organization, report creation and export, and cloud storage of project data.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Registration

To use certain features of Field Tally, you must create an account using your name and email address. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@oddbirdlabs.com if you suspect any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or engaged in any conduct harmful to other users or the Company.

4. User-Generated Content

4.1 Your Content

Field Tally allows you to upload, store, and share photos, reports, notes, and other content (“User Content”). You retain ownership of all User Content you submit to the Service.

4.2 License to Us

By submitting User Content, you grant Odd Bird Labs LLC a limited, non-exclusive, royalty-free, worldwide license to store, display, and transmit your content solely for the purpose of providing and improving the Service and its features.

4.3 Content Standards

You agree not to upload or share content that:

• Violates any applicable law or regulation
• Infringes the intellectual property rights of any third party
• Contains malicious code, viruses, or harmful data
• Is false, misleading, or fraudulent
• Violates the privacy or rights of any individual

4.4 Content Responsibility

You are solely responsible for all User Content you submit. We do not routinely monitor User Content but reserve the right to remove any content that violates these Terms.

5. Location Data

The Service may request access to your device's location to tag photos with GPS coordinates or to associate project data with a job-site address. Location access is optional and can be managed through your device settings. By enabling location access, you consent to the collection and use of location data as described in our Privacy Policy.

6. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Reverse engineer, decompile, or disassemble any part of the Service
• Scrape, crawl, or extract data from the Service in an automated manner
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Use the Service to infringe the intellectual property rights of others
• Transmit any unsolicited or unauthorized advertising or promotional material

7. Intellectual Property

All content, design, code, trademarks, and other materials in the Service (excluding User Content) are the property of Odd Bird Labs LLC or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Service without our prior written consent.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ODD BIRD LABS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ODD BIRD LABS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO USE THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Odd Bird Labs LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

11. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this document and, where appropriate, notify you via email or in-app notification. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Odd Bird Labs LLC
Email: support@oddbirdlabs.com