Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Tupper LLC (“Field Punch,” “we,” “our,” “us”) governing your access to and use of the Field Punch platform at fieldpunch.app and any related applications (collectively, the “Service”).

By creating an account, clicking “I agree,” or otherwise accessing the Service, you accept these Terms on your own behalf and on behalf of any organization you represent. If you do not agree, do not use the Service. You must be at least 18 years old and legally capable of entering a binding contract.

If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” and “your” refer to that organization.

Field Punch is a B2B SaaS platform for construction field operations management. It provides general contractors (“GCs”) and their teams with tools for punch list management, project documentation, document vaults, trade contractor coordination, PDF report generation, and related workflows.

The Service includes a Pro Portal through which trade contractors (“Pros”) designated by GC customers can view assigned work items and submit updates. GCs are responsible for their Pros’ use of the Pro Portal. We may release beta features or preview functionality clearly marked as such; those features are provided without warranty and may be changed or removed at any time.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at tyler@tupper-llc.com if you suspect unauthorized use.

GC accounts may invite additional team members and trade contractors. You are responsible for ensuring all users you add comply with these Terms. We may suspend or terminate any account that violates these Terms, with or without prior notice depending on severity.

Paid plans are billed through Stripe on a recurring basis (monthly or annual, as selected). By subscribing you authorize us to charge your payment method automatically at each renewal until you cancel. All fees are stated in U.S. dollars.

Fees paid are non-refundable except where required by applicable law or as otherwise stated in a written agreement with us. We may change pricing with at least 30 days’ written notice. Price changes take effect at the next billing cycle following the notice period. If your payment fails, we may suspend access after a reasonable grace period and terminate the account if payment is not cured within 15 days of suspension.

Free trials, if offered, automatically convert to paid plans at the end of the trial period unless canceled beforehand. You are responsible for canceling before the trial expires to avoid being charged.

You agree not to:

• Use the Service to violate any law, regulation, or third-party rights.
• Upload or transmit malware, malicious code, or unauthorized content.
• Scrape, crawl, or extract data from the Service by automated means without our written permission.
• Attempt to circumvent authentication, security controls, or access controls.
• Resell, sublicense, or white-label the Service without a separate written agreement.
• Use the Service to fabricate inspection records, lien waivers, or other construction documents with fraudulent intent.
• Harass, defame, or threaten any person through the Service.
• Use the Service to send unsolicited commercial messages or spam via the SMS or email notification features.
• Benchmark or test the Service for competitive purposes and publicly disclose results without our written consent.

Violation of this section may result in immediate account suspension or termination.

You retain ownership of all data, content, files, photos, and other materials you or your users upload to the Service (“Customer Data”). You grant us a limited, non-exclusive, worldwide license to host, store, process, display, and transmit Customer Data solely as necessary to provide the Service to you.

You represent and warrant that: (a) you have all rights necessary to grant the license above; (b) your Customer Data does not infringe any third-party intellectual property rights; and (c) with respect to contact information for trade contractors, you have a lawful basis for providing their personal data to us (such as a prior business relationship or their prior express consent).

You may export or delete your Customer Data at any time while your account is active. Deletion is subject to our retention practices described in our Privacy Policy.

Field Punch sends automated SMS text messages to trade contractors to deliver work-related notifications on behalf of GC customers. This section governs your use of those features and applies to all parties — GCs who initiate notifications and Pros who receive them.

For Pros (recipients):

By providing your mobile phone number and accepting work through Field Punch, you consent to receive automated SMS messages from Field Punch regarding your assigned work, scheduled site visits, and job status updates. Message frequency varies based on job activity — you may receive multiple messages per week during active projects. Message and data rates may apply.

To opt out, reply STOP to any message (or text QUIT, END, CANCEL, REVOKE, OPT-OUT, or UNSUBSCRIBE). You will receive a confirmation and no further SMS will be sent. You may also disable SMS notifications at any time from your Pro Portal settings page. To re-subscribe, text START. For help, reply HELP or email tyler@tupper-llc.com. Consent is not required as a condition of receiving work assignments or any purchase.

For GCs (senders):

By using the SMS notification features you represent that: (a) you have a prior business relationship with each contractor whose number you provide, (b) their role reasonably requires receiving work-related messages from you, or (c) you have obtained their prior express written consent. You agree to use these features only for transactional and relationship messages related to active work assignments — not for promotional blasts or marketing to third-party lists.

You agree to comply with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and all applicable state and federal laws governing commercial text messaging. You bear sole responsibility for TCPA liability arising from your own contact lists or misuse of the SMS features beyond the scope of these Terms. Field Punch automatically processes STOP, QUIT, END, CANCEL, REVOKE, OPT-OUT, and UNSUBSCRIBE keywords to suppress opted-out numbers; you agree not to attempt to override these suppression mechanisms.

Data sharing: Mobile opt-in data and consent information will not be shared with or sold to any third parties or affiliates for marketing or promotional purposes. The only exceptions are sharing necessary to deliver messages (Twilio, our SMS provider), sharing with the GC who initiated the assignment, and disclosures required by law.

Our collection and use of personal data is described in our Privacy Policy, which is incorporated by reference into these Terms. As between you and us, you are the data controller for Customer Data you upload, and we act as a data processor on your behalf for that data.

We use Supabase, Vercel, Twilio, Resend, Sentry, and Stripe as sub-processors. A current list of sub-processors is maintained in our Privacy Policy. We will provide reasonable advance notice of material changes to sub-processors.

The Field Punch platform, brand, software, design, and all related technology are owned by Tupper LLC and protected by intellectual property laws. These Terms do not transfer any ownership rights to you. You receive only the limited right to use the Service as described here.

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, including improving the Service, without any obligation to compensate you.

You agree not to reverse engineer, decompile, or disassemble any part of the Service, or to create derivative works based on it, except to the extent permitted by applicable law.

Each party may receive non-public business or technical information from the other (“Confidential Information”). Each party agrees to keep the other’s Confidential Information confidential, use it only to fulfill obligations under these Terms, and protect it with at least the same care used for its own confidential information. These obligations do not apply to information that is publicly known, was already known to the recipient, or must be disclosed by law or court order.

We treat Customer Data as your Confidential Information and access it only as necessary to provide the Service or as you direct.

We target 99.5% monthly uptime for the core application, excluding scheduled maintenance windows and events beyond our reasonable control (including outages of third-party infrastructure providers such as Supabase, Vercel, Twilio, and AWS). We will make reasonable efforts to schedule maintenance during low-traffic periods and to provide advance notice where practicable.

Service level commitments do not apply during free trial periods or to beta features. Your sole remedy for any failure to meet uptime targets is a pro-rata service credit for the affected period, not a refund or termination right.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Field Punch is a project management and communication tool. It does not replace professional judgment on construction sites or in regulatory, legal, or safety matters. We are not responsible for construction outcomes, contract disputes, regulatory violations, or physical safety conditions arising from your use of the Service.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FIELD PUNCH’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THIS CAP APPLIES TO ALL THEORIES OF LIABILITY IN THE AGGREGATE.

The liability cap above does not apply to: (i) your payment obligations; (ii) either party’s indemnification obligations in Section 14; (iii) damages caused by a party’s gross negligence or willful misconduct; or (iv) your liability for misuse of the SMS features in violation of applicable law including the TCPA.

You agree to defend, indemnify, and hold harmless Tupper LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data; (b) your violation of these Terms; (c) your violation of applicable law including the TCPA; (d) your misuse of the SMS features beyond the scope of Section 7; or (e) any claim by a third party that your use of the Service infringes their rights.

We will defend and indemnify you against third-party claims that the Service itself, as provided by us and used in accordance with these Terms, infringes a third party’s copyright, trademark, or U.S. patent, provided you promptly notify us of the claim and give us sole control of the defense.

These Terms begin when you create an account and continue until terminated. Paid subscriptions auto-renew each billing cycle. Either party may terminate for convenience with 30 days’ written notice. Either party may terminate immediately for material breach if the breach remains uncured 15 days after written notice describing the breach.

Upon termination: (a) your access to the Service ends at the close of the current paid period or immediately on termination for cause; (b) you have 30 days to export your Customer Data; (c) after that 30-day window we will delete your Customer Data per our Privacy Policy. Sections 6, 9, 10, 12, 13, 14, 16, and 17 survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. You and Field Punch agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of these Terms.

Before filing any legal claim (other than for emergency injunctive relief), you agree to provide us written notice of the dispute and a 30-day good-faith period to attempt resolution. To the extent permitted by law, you and Field Punch each waive any right to a jury trial and to participate in a class action or class-wide arbitration.

Entire agreement. These Terms, together with the Privacy Policy and any order forms or written agreements signed by both parties, constitute the entire agreement between the parties regarding the Service and supersede all prior discussions, representations, and agreements.

Modifications. We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least 14 days before the changes take effect. Your continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you may terminate your account before the effective date.

Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Failure to enforce any right or provision of these Terms is not a waiver of that right. Any waiver must be in writing and signed by an authorized representative of the waiving party.

Assignment. You may not assign these Terms or your account without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any purported assignment in violation of this section is void.

Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, power failures, internet outages, third-party service failures, or acts of government, provided the affected party notifies the other promptly and uses reasonable efforts to resume performance.

Notices. We may send notices to the email address on your account. You may send legal notices to us at tyler@tupper-llc.com. Email notice is deemed given when sent; it is your responsibility to keep your email address current.

Questions about these Terms? Email tyler@tupper-llc.com.