Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to TackonFSM! These Terms of Service (“Terms,” “Agreement”) constitute a legally binding agreement between you (and the entity you represent, if applicable) and Tackon LLC, a Texas limited liability company (“TackonFSM,” “we,” “us,” “our”), regarding your use of our field service management platform and related services.

By accessing or using TackonFSM:

• You acknowledge that you have read, understood, and agree to be bound by these Terms
• You represent that you are at least 18 years old
• You have the legal authority to enter into this Agreement
• If acting on behalf of an entity, you have authority to bind that entity

If you do not agree to these Terms, you must not access or use our Services.

2. DEFINITIONS

Throughout these Terms, the following definitions apply:

• “Services” means the TackonFSM platform, including our website, mobile applications, APIs, and all related tools and services
• “Customer” means the business entity that subscribes to our Services
• “User” means any individual authorized by Customer to access the Services
• “Customer Data” means all data submitted or collected through your use of the Services
• “End Customer” means your customers whose information you manage through our Services
• “Subscription Plan” means the specific tier of Services you have selected

3. DESCRIPTION OF SERVICES

3.1 Core Services

TackonFSM provides cloud-based field service management software designed for HVAC, plumbing, and electrical contractors, including:

• Job scheduling and dispatching
• Inventory management with elastic database technology
• Pricebook management
• Customer relationship management
• Invoicing and payment processing
• Mobile applications for field technicians
• Reporting and analytics

3.2 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced 48 hours in advance when possible.

3.3 Updates and Modifications

We may update, modify, or discontinue features with reasonable notice. Material changes will be communicated at least 30 days in advance.

4. ACCOUNT REGISTRATION

4.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Safeguard your login credentials
• Immediately notify us of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Types

Account Type	Description	Permissions
Owner	Primary account holder	Full access, billing management
Administrator	Designated managers	User management, settings
Technician	Field service staff	Job access, time tracking
Office Staff	Administrative personnel	Scheduling, invoicing

5. SUBSCRIPTION PLANS AND PRICING

5.1 Subscription Options

We offer flexible monthly and annual subscription plans optimized for teams of 1-20 employees. Current pricing is available at www.tackonfsm.com/pricing.

5.2 Free Trial

• 14-day free trial with full feature access
• No credit card required to start
• Automatic conversion to paid plan upon trial expiration (if payment method provided)
• Data retained for 30 days after trial ends

5.3 Billing Terms

• Monthly Plans: Billed monthly in advance
• Annual Plans: Billed annually in advance with 20% discount
• Payment Methods: Credit card, ACH, or approved payment methods
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Price Changes: 30-day notice for pricing increases

5.4 Refund Policy

• Monthly plans: No refunds for partial months
• Annual plans: Pro-rated refund within first 30 days
• No refunds for add-on services
• Refunds processed within 10 business days

6. PAYMENT TERMS

6.1 Payment Authorization

You authorize us to charge your payment method for all fees associated with your subscription. You agree to maintain valid payment information.

6.2 Late Payments

• Grace period: 7 days
• Service suspension after 15 days
• Data retention for 30 days post-suspension
• Reactivation upon payment of outstanding balance

6.3 Taxes

Prices exclude applicable taxes. You are responsible for all taxes except those based on our net income.

7. USER CONDUCT AND RESPONSIBILITIES

7.1 Acceptable Use

You agree to use the Services only for lawful business purposes and in compliance with these Terms.

7.2 Prohibited Activities

You shall NOT:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to systems
• Reverse engineer or decompile the Services
• Use the Services for competitive analysis
• Resell or sublicense the Services without permission
• Exceed usage limits or API rate limits
• Harass, threaten, or harm others
• Submit false or misleading information

7.3 Compliance

You are responsible for compliance with all applicable laws, including:

• Data protection and privacy laws
• Industry-specific regulations (HVAC, plumbing, electrical)
• Tax and business licensing requirements
• Consumer protection laws

8. INTELLECTUAL PROPERTY RIGHTS

8.1 TackonFSM Property

We retain all rights, title, and interest in:

• The Services and underlying technology
• Our trademarks, logos, and branding
• All improvements, modifications, and derivatives
• Aggregated and anonymized usage data

8.2 Customer Data

You retain ownership of your Customer Data. You grant us a limited license to use Customer Data solely to provide the Services and as described in our Privacy Policy.

8.3 Feedback

Any feedback, suggestions, or recommendations you provide becomes our property and may be used without compensation or attribution.

9. DATA PROTECTION AND SECURITY

9.1 Data Security

We implement industry-standard security measures including:

• 256-bit SSL encryption
• SOC 2 Type II compliance (in progress)
• Regular security audits
• Secure data centers (AWS)
• Regular backups

9.2 Data Processing

We process data in accordance with our Privacy Policy and applicable Data Processing Addendum for customers subject to GDPR or similar laws.

9.3 Data Portability

You may export your data at any time in standard formats (CSV, JSON). We provide data export tools within the platform.

10. THIRD-PARTY INTEGRATIONS

10.1 Available Integrations

We offer integrations with third-party services including QuickBooks, Stripe, and others. Use of integrations is optional and subject to third-party terms.

10.2 Third-Party Terms

You are responsible for compliance with third-party terms. We are not liable for third-party service failures or changes.

10.3 API Access

API access is subject to rate limits and our API Terms of Use. Excessive usage may result in throttling or suspension.

11. CONFIDENTIALITY

11.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party’s non-public information and use it solely for purposes of this Agreement.

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach
• Was rightfully known prior to disclosure
• Is independently developed
• Must be disclosed by law

12. WARRANTIES AND DISCLAIMERS

13. INDEMNIFICATION

13.1 Your Indemnification

You agree to indemnify, defend, and hold harmless TackonFSM from any claims arising from:

• Your use of the Services
• Violation of these Terms
• Infringement of third-party rights
• Your Customer Data
• Actions of your Users

13.2 Our Indemnification

We will defend you against claims that the Services infringe third-party intellectual property rights, subject to limitations.

14. LIMITATION OF LIABILITY

15. TERM AND TERMINATION

15.1 Term

This Agreement begins upon account creation and continues until terminated.

15.2 Termination by You

• Monthly plans: Cancel anytime, effective at end of billing period
• Annual plans: Cancel at renewal date
• Account closure through settings or support@tackonfsm.com

15.3 Termination by Us

We may terminate or suspend your account for:

• Violation of these Terms
• Non-payment
• Illegal or fraudulent activity
• Extended inactivity (12+ months)

15.4 Effect of Termination

• Access to Services ceases immediately
• Data available for export for 30 days
• No refund of prepaid fees (except as stated)
• Survival of applicable Terms sections

16. MODIFICATIONS TO TERMS

16.1 Changes

We may modify these Terms with 30 days notice for material changes. Continued use constitutes acceptance.

16.2 Notice Methods

• Email to account owner
• In-app notifications
• Website banner

17. COMMUNICATIONS

17.1 Electronic Communications

You consent to receive electronic communications from us. Electronic communications satisfy any legal requirement for writing.

17.2 Marketing Communications

You may opt out of marketing emails but will continue to receive transactional communications.

18. ASSIGNMENT

You may not assign these Terms without our written consent. We may assign our rights to any successor or acquirer.

19. FORCE MAJEURE

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, pandemic, or internet outages.

20. GOVERNING LAW

These Terms are governed by Texas law, excluding conflict of law provisions. Any legal action must be brought in state or federal courts located in Dallas County, Texas.

21. DISPUTE RESOLUTION

22. MISCELLANEOUS

22.1 Entire Agreement

These Terms, along with our Privacy Policy and any applicable DPA, constitute the entire agreement between parties.

22.2 Severability

If any provision is unenforceable, the remainder continues in effect.

22.3 Waiver

No waiver is effective unless in writing. Failure to enforce any right is not a waiver.

22.4 Relationship

Nothing creates a partnership, joint venture, or employment relationship.

22.5 Survival

Provisions that by nature should survive termination will survive.

22.6 Export Compliance

You comply with all export laws and regulations.

22.7 Government Users

The Services are “commercial items” under Federal Acquisition Regulations.

23. SPECIAL PROVISIONS

23.1 Beta Features

Beta features are provided “as is” without warranties and may be discontinued at any time.

23.2 Mobile Applications

Additional terms may apply from app stores (Apple App Store, Google Play).

23.3 Open Source

The Services may include open source software subject to separate licenses.

24. SERVICE LEVEL AGREEMENT

24.1 Uptime Commitment

• Target: 99.9% monthly uptime
• Excludes scheduled maintenance
• Excludes force majeure events

24.2 Support

Support Level	Response Time	Availability
Critical Issues	2 hours	24/7
Major Issues	4 hours	Business hours
Minor Issues	1 business day	Business hours

25. CONTACT INFORMATION

26. ACKNOWLEDGMENT

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These Terms of Service were last updated on August 24, 2025.
For questions about these Terms, contact legal@tackonfsm.com or call 404-482-2566.
© Tackon LLC. All rights reserved.