Terms and conditions

These General Terms and Conditions (“GTC”) apply to access and use of the Services. They apply in addition to the Terms of Use and Privacy Policy. Any Terms and Conditions of the Customer which contradict or deviate from these GTC shall be excluded and shall only be effective with the express and written consent of Fieldwalk.

1. Terms

The following terms shall have the following meanings within the scope of these GTC, unless the context otherwise requires:

  • “Billing period”: the billing period for the license fees determined by you and described in more detail on the website
  • “License”: grants a user (licensee) the right to use Fieldwalk’s services under the Terms of Use at a price per billing period
  • “Services”: all the web-based application and platform made available by Fieldwalk via the website, including interfaces (APIs), the website and all data and information available on the website (subject to customer data), and all other products or services described in more detail on the website and provided or made available by Fieldwalk based on the contract
  • “Fieldwalk”: A trademark of GD Solutions AG, Viaduktstrasse 93, CH-8005 Zurich
  • “IP Rights”: Trademarks, copyrights, rights to databases, trade secrets, know-how and all other property rights and legally (including fairness) protected positions, whether registered or not and including any applications
  • “User account”: a user account associated with the valid email address you provided when registering on the website
  • “Customer” or “You”: the person who purchases a subscription to the Services and who is responsible for the User Account and the Users associated with the User Account
  • “Customer Data”: all electronic data and information transmitted by you or the users in connection with the Services
  • “User”: a natural person whom you have authorized to use services for whom a service license has been purchased and who has received user identification and password
  • “Contract”: the contract that is concluded between you and us when you purchase a license for the Services, and which includes these GTC and any other documents by reference
  • “Website”: the Fieldwalk website (www.fieldwalk.com) and other websites designated by Fieldwalk

2. Free trial access

Fieldwalk may provide services free of charge for testing purposes. Additional conditions can be displayed when setting up the test access. Such conditions are a binding part of the contract.

Customer data and communications about the Services provided by you via the Website during the Trial Access will be stored for sixty (60) days after the expiry of the Trial Access and then permanently deleted, unless you previously purchase a subscription to the Services.

3. User account

Access to the services requires you to open a user account with us. By opening a user account

  • you agree that these GTC are part of a binding and valid contract;
  • assure you that you are able and entitled to enter into binding contracts under the law applicable to you. If you use the services for a company (e.g. your employer), you also warrant that you have the right and power to agree to these GTC for that company;
  • You warrant that all information you provide is accurate, correct and complete and that you will keep this information (including invoice information) up to date. You agree that you will not allow any unauthorized use of your password, user ID or the services and that you will inform us immediately of any misuse (send your message to admin@fieldwalk.com);
  • you agree that you are fully responsible for all risks arising from the use of the services by you, by another person who identifies themselves with your user ID or password, by your users and by persons who identify themselves with a user’s user ID and password.

4. Services

Fieldwalk excludes any express or implied representation, warranty and guarantee with regard to the availability, marketability and suitability of the services for a specific purpose, to the extent permitted by applicable law.
Fieldwalk reserves the right to adjust the services (and components thereof) at any time and temporarily or permanently. If a feature or functionality that is of significant importance to you is lost due to a change in the services, Fieldwalk will make every effort to restore the affected feature or functionality as far as possible at your request. If Fieldwalk is unable to restore such functionality, you have the right to terminate the contract and request a refund of fees already paid for the remaining part of the billing period. You agree that Fieldwalk has the right to terminate the services at the end of a billing period. You agree that Fieldwalk shall not be liable to you or to third parties insofar as this is not provided for in this Section 4.

5. Operation of provision of service

Fieldwalk will make every effort to provide the Services 24 hours a day, 7 days a week, subject to scheduled downtime (which Fieldwalk will communicate in advance whenever possible), circumstances beyond Fieldwalk’s control, and legal and regulatory restrictions that prevent the provision of the Services.
The services may be limited according to information on the website, for example with regard to available storage space, the number of projects or plans per billing period or the number of users.

6. Support

Fieldwalk will provide reasonable support for the Services at no additional cost.

7. Fees and payment

You undertake to pay the fees indicated on the website when opening a user account for the desired number of users. Fees are not determined by use, but by the service subscriptions purchased. The number of users cannot be reduced during an ongoing billing period.
Fieldwalk invoices 14 days before the start of a billing period. Credit card charges are made on the first day of the billing period. Invoices are due on the first day of the billing period.
Fees paid will not be refunded, subject to a refund of amounts overpaid due to an incorrect invoice.
Inaccurate invoices must be reported in writing within 30 days of the invoice date. After this period, invoices shall be deemed approved.
The offsetting of fees with claims against Fieldwalk and a service retention due to defective or non-performed services is excluded.
Fieldwalk is entitled to adjust the amount of the fees by giving 14 days’ notice. The fee change shall be deemed accepted if you continue to use services after this period.

8. Third-party content

For third-party content such as third-party applications, separate conditions and separate fees and costs may apply. The use of third-party content by you is at your own risk. Fieldwalk is not obliged to check or test third-party content.

9. Customer Obligations

You are obliged to ensure compliance with the contract by your users and to terminate the access of the user in question immediately in the event of a breach of contract.
You are obliged to prevent unauthorized access or use of your user account and the services and other security breaches. In the event of a security breach, Fieldwalk must be informed immediately. Fieldwalk is not liable for damages of any kind in connection with unauthorized use.
It is NOT permitted

  • to use services in any way that is not contractually permitted;
  • to use services for fraudulent or unlawful purposes;
  • to use or store malicious software;
  • to impair the performance or integrity of the services or data contained therein;
  • o license, sell, rent, transmit or otherwise commercially exploit services or to make them available to third parties (with the exception of their users);
  • to change, copy or produce derivative works of services;
  • to decompile, disassemble or otherwise decrypt codes, in connection with services, subject to mandatory law.

10. Customer data

You are solely responsible for the legality of the customer data. You acknowledge that Fieldwalk has no control over customer data and does not check your customer data or data from other customers. Accordingly, any warranty and liability for the correctness, integrity and quality of such data is excluded.
You are not entitled to upload, transmit or otherwise share customer data via the services that is unlawful, threatening, pornographic, defamatory or otherwise inappropriate in Fieldwalk’s sole discretion or violates IP rights or personal rights of third parties. Fieldwalk reserves the right to delete, move or change such customer data.

11. IP rights

Fieldwalk reserves all rights, including all intellectual property rights, to the services. No rights to or on the services are transferred, unless expressly provided for in these GTC. Fieldwalk hereby grants you and your users a non-exclusive, non-sublicensable and non- transferable license to use the services in accordance with the contract for the duration of the contract.
In the relationship between you and us, you are the owner of all IP rights in and to the customer data. You agree that Fieldwalk will use the customer data to provide the services to you and your users.
If you have acquired the right to customize the services (branding), you hereby grant Fieldwalk a non-exclusive, non-transferable and free license to use all logos, brands, trade names and other distinctive signs that they use in connection with the individual customization of the services during the term of the contract.

12. Data protection and data security

The Parties acknowledge that they are the owners of the processed personal data. Insofar as Fieldwalk processes personal data on your behalf, Fieldwalk

  • processes personal data in accordance with Swiss data protection law;
  • processes personal data only in accordance with your instructions;
  • processes personal data only as necessary for the fulfillment of Fieldwalk’s contractual obligations;
  • forwards requests and notifications from data subjects, data protection supervisory authorities and other authorities with regard to personal data to you without delay;
  • supports you in fulfilling your obligations as the owner of the data collection according to applicable data protection law;
  • deletes, anonymizes or (if this is not possible) protects personal data from access within a reasonable time if the further processing of this personal data is no longer necessary for the fulfillment of Fieldwalk’s obligations.

Group Draw is entitled to use subcontractors for the processing of personal data, also in countries outside the EEA. Fieldwalk must ensure that personal data remains adequately protected within the framework of such a subcontract.

Fieldwalk is obliged to take appropriate technical and organizational measures to protect your customer data against accidental or unlawful deletion, loss or modification and against unauthorized access and other unauthorized processing.

13. Blocking

Fieldwalk is entitled to block your access or your users’ access to the services (or parts thereof) at any time without being liable for it and in addition to all other rights if Fieldwalk determines that:

  • the use of the Services by you or your users (i) seriously endangers the security of Fieldwalk or a third party; (ii) can have a serious negative effect on the Services or on data of other Fieldwalk customers, or (iii) can expose Fieldwalk or a third party to liability;
  • there is a serious suspicion that you or your users are involved in fraudulent activities in connection with the Services;
  • you or your users violate these GTC, including payment obligations for more than 15 days.

Any blocking shall have no effect on any fees incurred. Subject to these GTC, Fieldwalk will not delete any customer data as a result of the blocking.

14. Duration and termination

The contract period begins with the first use of the services by you or your users. Subject to earlier termination, the contract shall remain in force during the billing period. Subject to termination in accordance with this Section 14, the contract shall subsequently be extended by further billing periods. If you do not purchase a subscription for services after a free trial access, the contract ends with the expiry of the trial access.
Either Party may terminate this Agreement at any time with immediate effect by written notice to the other Party if the other Party commits a material breach of the Agreement and such breach cannot be remedied or is not remedied for at least 30 days after written notice, and if the other Party becomes insolvent.
Fieldwalk is entitled to terminate this contract at any time with written notice and with immediate effect if your access or your users’ access has been blocked in accordance with Section 13, in accordance with applicable law and at the request of an authority.
The Parties may terminate this Agreement at any time with effect from the end of an ongoing billing period as follows:

  • The customer adapts his customer profile in the user account accordingly;
  • by notification from Fieldwalk in accordance with Section 17.

Before expiry or termination of the contract, you can request a copy of your customer data via your user profile. After the expiration of 30 days after the termination or termination of the Agreement, Fieldwalk shall no longer be obliged to retain or make available any customer data. After this period, Fieldwalk shall delete all customer data in the possession of Fieldwalk,

subject to legal retention obligations. Additional support after termination must be agreed upon separately.

15. Limitation of Liability

To the extent permitted by law, Fieldwalk excludes any liability (i) in connection with the Services, (ii) the use or the impossibility of using the Website, in particular any liability for indirect damage and consequential damage, including lost profit, loss of goodwill, loss of data, unrealized savings, interruptions of business operations, additional costs and expenses and third-party claims (whether contractual or non-contractual), and (iii) for auxiliary persons. The liability of Fieldwalk for death, bodily injury and fraudulent acts remains reserved.

16. Indemnification

You shall fully indemnify Fieldwalk for any third-party claims in connection with the use of services or customer data by you or your users.

17. Notices

Notifications under this contract can be made by a message on the website, by a message via the user account and by email to the specified email address. Notices shall be deemed to have been received upon dispatch.
Notices from the customer to Fieldwalk shall be sent by email to support@Fieldwalk.com and shall be deemed to have been received upon sending.

18. Changes

Fieldwalk is entitled to adjust these GTC at any time. The further use of the services after notification of the change shall be deemed consent.

19. Further provisions

Subject to your written objection, Fieldwalk is entitled to name you as a reference customer and to use your name and logo on the website and in advertising material.
If one of the provisions of these GTC is or becomes ineffective or if these GTC are incomplete, the validity of the GTC as a whole shall not be affected thereby. In place of the ineffective or missing provision, an effective provision shall be deemed to have been agreed that best corresponds to the economic purpose pursued by the Parties. If you believe that you have other rights than those under these GTC due to mandatory applicable law, you are obliged to inform us as soon as possible, so that we have the opportunity to propose a different solution.
Without the written consent of Fieldwalk, you are not entitled to assign the contract or your contractual rights to third parties.

The contract and disputes arising from or in connection with the contract are subject to substantive Swiss law. The Parties agree to the exclusive jurisdiction of the courts of Zurich, Switzerland for disputes arising from or in connection with this Agreement.