Terms of Service

1. Introduction and Acceptance of These Terms

These Terms of Service (the “Terms”) are a binding agreement between Fieldmarks Co. LLC, a California limited liability company (“Fieldmarks,” “we,” “us,” or “our”), and you. They govern your access to and use of the Fieldmarks website at fieldmarks.co, fieldmarks.app, and any related websites (collectively, the “Website”), the Fieldmarks mobile application (the “App”), and all related features, content, and services we make available (together with the Website and the App, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. By creating an account, entering an Invitation Code, downloading or using the App, clicking “I agree” (or a similar control), or otherwise accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.

If you accept these Terms on behalf of an organization (for example, as a tour operator or on behalf of an employer), you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Definitions

“Operator” means a tour, safari, expedition, or other guided-experience business that subscribes to the Services and uses them to manage Trips and invite Guests and Guides.

“Trip” means an expedition or a departure of a tour offered by an Operator through the Services.

“Guide” means an individual field guide, staff member, or administrator whom an Operator invites to access the Services on the Operator’s behalf.

“Guest” means a guest of an Operator who accesses the App to view an itinerary, browse the wildlife field guide, and log sightings, typically by entering an Invitation Code without creating an account.

“Invitation Code” means the short invitation code an Operator issues that allows a Guest to access a specific Trip in the App.

“User,” “you,” or “your” means any person or entity that accesses or uses the Services, including Operators, Guides, Guests, and Website visitors.

“User Content” means any data, text, photographs, sighting records, GPS coordinates, notes, corrections, bios, logos, and other material that Users submit to, or generate through, the Services.

“Wildlife Content” means the species library and related reference content we make available through the Services, including taxonomy, descriptions, rarity and conservation indicators, and the licensed photo library.

“Operator Subscription Agreement” means the separate subscription agreement, order form, or online sign-up terms under which an Operator purchases a paid plan, which governs fees, plan tiers, renewals, and service levels.

3. How Fieldmarks Works; Relationship of the Parties

Fieldmarks provides software that helps Operators plan and run guided wildlife expeditions and helps their Guides and Guests record and verify wildlife sightings. The Services are delivered through three interfaces: an Operator dashboard, a Guide mode within the App and dashboard, and a Guest experience within the App.

Fieldmarks contracts directly with Operators. Guides and Guests access the Services through, and as permitted by, an Operator. The Trip itself — including transport, lodging, guiding, safety, and all in-the-field services — is provided by the Operator, not by Fieldmarks. We are a software provider only. We are not a tour operator, travel agency, guide, or provider of any Trip, and we are not a party to any contract between an Operator and a Guest. We do not select, employ, supervise, endorse, or control any Operator or Guide, and we are not responsible for their acts, omissions, services, or safety practices. See Section 13 (Safety; Assumption of Risk).

4. Eligibility, Accounts, and Access

4.1 Eligibility and age

To accept these Terms and use the Services on your own behalf, you must be at least the age of majority in your place of residence and capable of forming a binding contract. The Services are not directed to children. An Operator must not enter a child’s personal data into the Services unless the Operator has obtained any consents required by applicable law from a parent or guardian, and the Operator is solely responsible for obtaining and documenting those consents.

4.2 Operator and Guide accounts

Operators and Guides access the Services through credentialed accounts. You are responsible for keeping your credentials confidential, for all activity under your account, and for ensuring that everyone you invite is authorized and complies with these Terms. Notify us promptly of any unauthorized use. Operators are responsible for managing their Guides’ access, including deactivating access when appropriate.

4.3 Guest access by Invitation Code

Guests ordinarily access the Services by entering an Invitation Code or scanning a QR code, rather than by registering an account. By entering an Invitation Code and using the App, a Guest accepts these Terms. Access tied to an Invitation Code is limited to the relevant Trip and may expire or be revoked when the Trip ends or the Operator’s rights end.

An Operator may also enable shared read-only viewing of a tour’s sightings or recap through a shared viewing code or a web link (for example, a trip-recap page viewed in a browser). Anyone accessing the Services that way is bound by these Terms as posted, and that access is read-only and may expire or be revoked at any time.

Guest access depends on the Operator. If the Operator’s subscription ends, Guest access ends, and trip data may be permanently deleted following the retention period in the Operator’s agreement with Fieldmarks. Fieldmarks is not liable to any Guest for loss of access to, or deletion of, trip data resulting from the status of the Operator’s subscription or the Operator’s instructions.

5. Operator Subscriptions, Fees, and Billing

Paid features of the Services are offered to Operators under the Operator Subscription Agreement, which governs plan tiers, fees, overage charges, free trials and any free-to-paid conversion, renewals, cancellation, and any service-level commitments. To the extent the Operator Subscription Agreement conflicts with these Terms on those commercial matters, the Operator Subscription Agreement controls for Operators. Guests and Guides are not charged by Fieldmarks for access provided through an Operator.

6. License to Use the Services

Subject to these Terms (and, for Operators, the Operator Subscription Agreement), Fieldmarks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose — for Operators and Guides, to run Trips; for Guests, to use the field guide and log sightings for their own Trip. We reserve all rights not expressly granted.

7. Acceptable Use

You agree not to, and not to permit anyone to:

• violate any law or regulation, or infringe or misappropriate any third party’s rights, including intellectual property, privacy, or publicity rights;
• upload User Content that is unlawful, false, misleading, defamatory, harassing, or that you do not have the right to submit;
• submit another person’s personal data without the rights or consents required by applicable law;
• copy, scrape, extract, or harvest data from the Services except as expressly permitted, or use the Wildlife Content or any sightings data to build or train a competing product or dataset;
• reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by law;
• interfere with, disrupt, or probe the integrity or security of the Services, or circumvent the per-Operator data isolation or access controls;
• use the Services or any location or sighting data to capture, harass, or harm wildlife, or to locate or pursue wildlife for any of those purposes;
• use the Services to track, surveil, or locate any person other than for the legitimate Trip purpose for which the Services are provided; or
• resell, rent, or commercially exploit the Services except as expressly authorized.

We may investigate and take appropriate action for suspected violations, including suspending or terminating access (see Section 18).

8. User Content and Sightings Data

8.1 Ownership and your responsibility

As between you and Fieldmarks, you (or, for content created by a Guide or Guest in connection with an Operator, the relevant Operator and/or the contributor, as determined by the Operator Subscription Agreement and the Operator’s own arrangements) retain ownership of your User Content. You are solely responsible for your User Content and represent and warrant that you own or control all rights necessary to submit it and to grant the licenses below, and that your User Content is accurate to the best of your knowledge and does not violate these Terms or any law. If your User Content includes photos or other media showing identifiable people, you represent that you have obtained any consents or releases that applicable law requires, including from a parent or guardian for a minor. Where User Content is a link to material hosted on a third-party service, Fieldmarks does not host or control that material and is not responsible for it. We may remove or disable User Content that we reasonably believe violates these Terms or applicable law.

8.2 License to operate the Services

You grant Fieldmarks a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), transmit, and display your User Content, and to create backups, in each case as needed to operate, secure, maintain, and improve the Services and to provide them to you and to the relevant Operator and its authorized users. This license ends when the relevant User Content is deleted from the Services, except for (a) backups retained for a limited period in the ordinary course, (b) content others have copied or stored as permitted, and (c) the aggregated and de-identified data described in Section 9.

9. Aggregated and De-identified Data

We may create aggregated and/or de-identified data derived from use of the Services and from sightings data — for example, anonymized species-occurrence and rarity information — provided that such data does not identify you, any Guest, any Operator, or any individual. We may use this aggregated and de-identified data for any lawful business purpose, including improving the Services, research, conservation analytics, and developing new products, and we own it. We will not publicly attribute de-identified data to a specific Operator or individual without consent.

10. Intellectual Property; Wildlife Content; Trademarks

10.1 Our intellectual property

The Services, including all software, design, text, graphics, and the compilation and arrangement of the Wildlife Content, are owned by Fieldmarks or its licensors and are protected by intellectual-property laws. Except for the limited license in Section 6, nothing in these Terms transfers any ownership to you.

10.2 Wildlife Content and third-party materials

Portions of the Wildlife Content are derived from or licensed from third-party sources (for example, open biodiversity datasets and photographs made available under open or Creative Commons licenses). Third-party materials remain subject to their own licenses, and where a license requires attribution we display it. You agree to comply with any third-party license terms that apply to materials you access through the Services, and not to remove or obscure any attribution, credit, or license notice.

10.3 Trademarks and attribution

“Fieldmarks” and our logos are our trademarks. Operator names and logos belong to the Operators. On co-branded plans the App and dashboard display a “Powered by Fieldmarks” credit, and even on white-label plans a modest Fieldmarks attribution may be retained in an about/settings screen. By using a co-branded or white-label configuration, the Operator authorizes that retained attribution. Use of any party’s marks beyond what these Terms allow requires prior written permission.

11. The Mobile Application and App-Store Terms

We grant you a limited license to use the App on a device you own or control, subject to these Terms and to the rules of the app store from which you obtained it. The following apply when you obtain the App from the Apple App Store and are required by Apple:

1. These Terms are between you and Fieldmarks only, not with Apple, and Apple is not responsible for the App or its content.
2. Your license to use the App is limited to use on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
3. Apple has no obligation to provide maintenance or support for the App.
4. To the maximum extent permitted by law, Apple has no warranty obligation for the App; if the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and Apple will otherwise have no warranty obligation.
5. Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability, legal-compliance, or consumer-protection claims, or claims that the App infringes a third party’s intellectual-property rights; Fieldmarks is responsible for such matters as set out in these Terms.
6. You must also comply with any applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
7. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government restricted-party list.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to your use of the App.

If you obtain the App from Google Play or another store, you also agree to that store’s applicable terms, and the relevant store provider’s required terms apply in addition to these Terms.

12. Privacy

We collect usage information from use of the Services — which may include page and feature usage, device and browser information, and session recordings of the operator dashboard — to secure, maintain, support, and improve the Services.

Our Privacy Policy explains how we handle personal data, including data collected through party-based onboarding, location data captured with sightings, and how data-subject rights are handled. For data processed on an Operator’s behalf, the Operator and Fieldmarks may also enter a separate data processing agreement. By using the Services you acknowledge the Privacy Policy. Operators are responsible for providing required privacy notices to, and obtaining any required consents from, their Guests and Guides.

13. Safety; Assumption of Risk; No Tour-Operator Relationship

WILDLIFE EXPEDITIONS INVOLVE INHERENT AND SIGNIFICANT RISKS, INCLUDING RISKS FROM WILD ANIMALS, TERRAIN, WEATHER, WATER, AND REMOTE LOCATIONS. THE SERVICES ARE INFORMATIONAL SOFTWARE ONLY AND ARE NOT A SAFETY, NAVIGATION, OR EMERGENCY DEVICE. The Services supplement, and never replace, the judgment and instructions of qualified human guides and the Operator. Do not rely on the Services to identify or approach animals, to assess danger, to navigate, or to make any decision affecting your safety or the safety of others.

You assume all risks associated with participating in a Trip and with following or not following information in the Services. Always follow the instructions of your Operator and Guides and applicable park and wildlife rules. Fieldmarks is not responsible for the conduct of any Operator, Guide, Guest, or third party, or for the Trip or any injury, loss, or damage arising from it. This Section applies to the fullest extent permitted by law and does not limit any liability that cannot be excluded under applicable law, including for death or personal injury caused by negligence where the law does not permit its exclusion.

14. Disclaimers of Warranties

THE SERVICES AND ALL CONTENT, INCLUDING THE WILDLIFE CONTENT, SPECIES IDENTIFICATIONS, RARITY AND CONSERVATION INDICATORS, DESCRIPTIONS, MAPS, AND GPS DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. To the maximum extent permitted by law, we disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted, secure, error-free, or accurate.

Wildlife information may be incomplete, outdated, or wrong; species data is drawn partly from third-party sources and from user-submitted observations that are not independently verified by us; rarity and conservation indicators are estimates; and GPS and offline data may be inaccurate or stale. You should not rely on the Services for any purpose requiring accuracy, completeness, or timeliness, and never for safety. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you, and you may have rights under local consumer law that these Terms do not affect.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIELDMARKS AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the total amounts paid to Fieldmarks for the Services in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Because Guests and Guides do not pay Fieldmarks, the US$100 figure will ordinarily be the cap for their claims.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — for example, liability for fraud, for death or personal injury caused by negligence where the law so provides, or mandatory consumer-protection liabilities. Where the law does not allow some of the above limitations, they apply only to the extent permitted.

16. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Fieldmarks and its officers, members, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to (a) your User Content, (b) your use of the Services, (c) your violation of these Terms or any law, or (d) your violation of any third party’s rights. Operators additionally will indemnify Fieldmarks against claims by their Guests, Guides, or staff arising from the Operator’s Trips or the Operator’s handling of personal data. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

17. Copyright Complaints

If you believe content on the Services infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Fieldmarks Co. LLC, 2108 N ST STE N, Sacramento, CA 95816, 415-758-3396, legal@fieldmarks.co. We may remove or disable access to allegedly infringing material, and affected users may respond with a counter-notice under 17 U.S.C. § 512(g). We terminate the access of repeat infringers in appropriate circumstances.

18. Suspension and Termination

We may suspend or terminate your access to the Services, in whole or in part, at any time if you breach these Terms, if required by law, to protect the Services or other users, or (for free or unpaid access) for convenience on reasonable notice where practicable. Operators’ paid subscriptions are governed by the termination terms of the Operator Subscription Agreement. You may stop using the Services at any time. Sections that by their nature should survive termination (including Sections 8.2, 9, 10, 14, 15, 16, 20, and 21) survive.

19. Changes to the Services and to These Terms

We may modify or discontinue features of the Services at any time. We may also update these Terms. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new date and, where appropriate, through the Services or by email). Changes are effective when posted unless stated otherwise. For material changes, we will seek your affirmative acceptance where required or appropriate. Your continued use after changes take effect means you accept the updated Terms; if you do not agree, you must stop using the Services.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to the paragraph below, you and Fieldmarks agree to the exclusive jurisdiction of the state and federal courts located in San Diego, California, and waive any objection to venue there.

Before filing any claim, the parties will try in good faith to resolve the dispute informally by contacting each other; many concerns can be resolved quickly this way.

If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings in your local courts or guarantees the protection of mandatory local consumer law, nothing in this Section deprives you of those rights. In that case, the governing-law and venue choices above apply only to the extent permitted by the mandatory law of your country of residence.

21. General Provisions

Entire agreement. These Terms, the Privacy Policy, and (for Operators) the Operator Subscription Agreement are the entire agreement between you and Fieldmarks regarding the Services and supersede prior agreements on that subject.

Order of precedence. For Operators, if there is a conflict, the Operator Subscription Agreement controls over these Terms on commercial and service matters; otherwise these Terms control.

Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, financing, or sale of assets.

Severability and waiver. If any provision is unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may give notices through the Services or by email; you may contact us as set out below.

No third-party beneficiaries. Except for Apple as stated in Section 11 and our affiliates and licensors where expressly stated, these Terms create no third-party-beneficiary rights.

Export and sanctions compliance. You will comply with applicable export-control and sanctions laws in your use of the Services.

22. How to Contact Us

Fieldmarks Co. LLC
2108 N ST STE N
Sacramento, CA 95816
legal@fieldmarks.co