Terms of Service

These Terms of Service (“Terms”) form a binding agreement between OptiField LLC, a Nevada limited liability company (“OptiField,” “we,” “us,” or “our”), and the business or individual entering into a subscription for the OptiField platform (“Customer,” “you,” or “your”).

OptiField provides a software-as-a-service field service management platform, including an autonomous AI-powered agent (the “AI Agent”) that communicates with Customer's leads, prospects, and existing customers (“End Users”) by SMS text message and voice call for the purposes of lead qualification, appointment booking, rescheduling, cancellation, and related customer communications (collectively, the “Service”).

By creating an account, clicking “I Agree,” entering billing information, or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, if applicable, the business entity you represent. If you do not agree, do not access or use the Service.

OptiField's principal business address is 18301 Von Karman Ave #950, Irvine, CA 92612, Attention: Adam Miller.

You must be at least 18 years old and authorized to bind the business entity on whose behalf you register. You are responsible for the accuracy of your account information and for maintaining the confidentiality of your login credentials. You are responsible for all activity that occurs under your account, including activity by your employees, contractors, and authorized users.

OptiField reserves the right to refuse, suspend, or terminate registration for any applicant, including contractors located outside the service territories OptiField currently supports (initially California and Nevada, subject to expansion).

The Service includes a dashboard, inbox, scheduling and booking tools, workflow automation, and an AI Agent that autonomously communicates with End Users by SMS and, where enabled, voice call, on Customer's behalf, using a phone number provisioned to Customer through OptiField's telephony subsystem (see Section 6).

3.1 Nature of AI-Generated Communications

Customer acknowledges and agrees that:

• The AI Agent generates and sends messages autonomously based on Customer's configured workflows, business rules, and the categories of appointments (Jobs, Estimates, or Events) Customer authorizes it to book;
• AI-generated communications, while designed to reflect Customer's business, are not reviewed by a human before sending in the ordinary course, and may occasionally be inaccurate, incomplete, or fail to reflect Customer's intent;
• Customer is responsible for reviewing and approving the workflows, scripts, booking rules, and knowledge base content that govern the AI Agent's behavior for its account, and for monitoring the Inbox for escalations requiring human attention;
• OptiField does not guarantee that the AI Agent will book, reschedule, or cancel any particular appointment, or that it will always correctly interpret an End User's message.

3.2 Human Escalation and Oversight

Customer's staff retain supervisory access to override, correct, or take over any conversation handled by the AI Agent, and are responsible for monitoring escalations flagged by the Service.

Access to the Service is offered under subscription plans described at sign-up. Fees are billed in advance on a recurring basis (monthly or annual, as selected) through our third-party payment processor, Stripe, Inc. By providing payment information, you authorize OptiField to charge all applicable fees, including recurring subscription fees and any usage-based charges (e.g., SMS/voice usage in excess of plan allotments), to your designated payment method.

• All fees are non-refundable. OptiField does not offer a free trial period; a paid subscription and valid payment method are required to access the Service.
• OptiField may change subscription pricing on prospective renewal terms with at least 30 days' notice.
• Failure to maintain a valid payment method may result in suspension of the Service, including the AI Agent's ability to send or receive messages.
• Customer is responsible for all taxes associated with its subscription, other than taxes on OptiField's net income.

Customer agrees not to use the Service to:

• Send unlawful, fraudulent, deceptive, harassing, abusive, or discriminatory communications;
• Contact any person who has not provided the consent required by Section 6 or who has opted out of communications;
• Send communications unrelated to the field service, scheduling, and customer relationship purposes for which the Service is intended (including marketing unrelated products, political messaging, or content prohibited under Section 6.5);
• Interfere with or disrupt the integrity of the Service, attempt to reverse-engineer the AI Agent, or use the Service to build a competing product;
• Violate applicable law, including telemarketing, consumer protection, and data privacy laws in any jurisdiction where Customer's End Users are located.

OptiField may suspend the Service, including outbound messaging, immediately and without notice if it reasonably believes Customer's use presents a legal, regulatory, carrier-compliance, or reputational risk (including a spike in opt-out or spam complaints).

This Section 6 governs Customer's use of the SMS and voice messaging features of the Service, which are provided using telephony infrastructure operated by Twilio Inc. (“Twilio”) and delivered over the wireless carrier networks. Because Customer's own leads and customers (End Users) receive these messages, Customer has direct legal obligations under this Section that are independent of, and in addition to, OptiField's obligations as the platform provider.

6.1 Dedicated Numbers

• Each Customer account is provisioned one or more dedicated phone numbers (“Account Numbers”) through OptiField's Twilio-based telephony subsystem, from which the AI Agent sends and receives SMS messages and, where enabled, voice calls on Customer's behalf.
• Account Numbers are licensed to Customer for use with the Service only, for the duration of Customer's active subscription. Customer does not own the Account Number and may not port it out except as OptiField may permit in its discretion.
• OptiField may reassign, change, or reclaim an Account Number if required by a carrier, regulator, or Twilio, or upon termination of Customer's account, and will provide advance notice where reasonably practicable.
• Customer must not use the Account Number for any purpose other than the field-service communications contemplated by the Service, and must not share the Account Number's outbound capability with unrelated business lines.

6.2 Registration, Brand Verification, and Carrier Compliance (A2P 10DLC)

Wireless carriers require application-to-person (A2P) messaging traffic to be registered and verified, including brand and campaign registration under the A2P 10DLC framework. OptiField registers and maintains a single platform-level messaging brand with Twilio, under which all Customer accounts and Account Numbers operate. Customer is not required to separately register its own brand, but remains subject to the compliance obligations in this Section 6 as a condition of operating under OptiField's brand registration.

Customer agrees to promptly provide accurate business information (legal name, EIN/tax ID, business address, website, and use-case description) reasonably requested by OptiField to the extent needed to support or maintain the platform-level brand and campaign registration, or to respond to carrier or Twilio inquiries about Customer's specific traffic.

Customer acknowledges that carriers may filter, delay, throttle, or block messages, impose per-number, per-brand, or per-campaign throughput limits, or require additional verification, and that OptiField has no control over and cannot guarantee message deliverability, deliverability speed, or carrier filtering outcomes.

Because Customer operates under OptiField's shared platform-level brand, high opt-out rates, spam complaints, or carrier compliance flags associated with any single Customer's traffic can affect the sending reputation of the shared brand and other Customers on the platform. Repeated or serious violations by a Customer may result in reduced throughput, number reassignment, or suspension of that Customer's messaging, and OptiField may take these actions on shorter notice than for other breaches given the shared-reputation risk.

6.3 Consent to Text (TCPA and Related Law) — Customer's Obligation

The federal Telephone Consumer Protection Act (TCPA), FCC regulations, and analogous state laws (including California and Nevada telemarketing and consumer-protection statutes) impose strict requirements on sending automated or prerecorded text messages and calls to wireless numbers, including requirements to obtain prior express consent (and, for certain marketing messages, prior express written consent) before initiating contact.

Customer, not OptiField, has and retains sole responsibility for:

• Obtaining and documenting valid, legally sufficient consent from each End User before that End User is contacted through the Service, appropriate to the type of message being sent (informational/transactional versus marketing);
• Ensuring the content, frequency, and timing of messages sent through the AI Agent on Customer's behalf comply with the TCPA, CAN-SPAM (to the extent applicable), state mini-TCPA statutes, do-not-call registry rules, and any other applicable law;
• Maintaining records sufficient to demonstrate consent and honoring any End User's revocation of consent, including instructing OptiField to suppress future contact where the Service does not do so automatically;
• Not uploading, importing, or directing the AI Agent to contact any phone number for which Customer lacks the required consent, including purchased or scraped lead lists.

6.3.1 Standard Consent Mechanism — Online Inquiry Form

Under OptiField's standard implementation, an End User (lead) is contacted by the AI Agent because that End User submitted an online inquiry or contact form on Customer's own website or lead source and affirmatively checked a consent box authorizing text message contact before the form was submitted. Customer is responsible for ensuring that:

• Every intake form or lead source feeding contacts into the Service presents an unchecked, opt-in (not pre-checked) consent checkbox, separate from any general “I agree to the Privacy Policy” checkbox, before the lead can be submitted;
• The consent checkbox language clearly discloses: that the End User is agreeing to receive automated/AI-generated text messages about their inquiry (e.g., scheduling, quotes, reminders) from Customer's business at the number provided, that message and data rates may apply, that message frequency varies, and how to opt out (reply STOP);
• Consent language is retained (e.g., via timestamped form-submission records) so Customer can produce evidence of consent for a given phone number if challenged;
• If Customer imports or connects a lead source other than its own consent-checkbox intake form (e.g., a third-party lead marketplace, a purchased list, or a manually added contact), Customer independently confirms that the same standard of documented consent exists for those contacts before enabling AI Agent outreach to them.

OptiField provides tools intended to support compliance (including automated STOP/HELP handling described in Section 6.4 and consent-tracking fields), but Customer is solely responsible for the lawfulness of its own intake forms, contact lists, and messaging practices. OptiField is a technology and communications platform provider, does not draft or approve the specific consent-checkbox language used on any individual Customer's website, and does not independently verify the consent basis for any contact before the AI Agent messages it.

6.4 Opt-Out, HELP, and Message Handling

The Service is configured to honor standard SMS opt-out and help keywords (e.g., STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT to opt out; HELP or INFO for assistance) sent by an End User to an Account Number, consistent with CTIA guidelines. Upon receipt of an opt-out keyword, the Service will:

• Send a one-time confirmation that the End User has been unsubscribed;
• Suppress further automated outbound messages from that Account Number to the opted-out End User;
• Flag the conversation in Customer's Inbox as opted out.

Customer may not use the Service to circumvent an End User's opt-out (including by re-contacting the End User from a different Account Number or channel) and must independently honor any opt-out communicated to Customer outside the Service (e.g., verbally, by email, or in person).

6.5 Prohibited Message Content

Consistent with Twilio's Acceptable Use Policy and Messaging Policy and CTIA industry guidelines, Customer may not use the Service to send messages involving, among other things: high-risk financial services, debt collection, illegal substances, gambling, firearms, hate speech or discriminatory content, sexually explicit content, phishing or deceptive content, or content otherwise prohibited by Twilio's then-current Acceptable Use Policy (incorporated by reference). Messages must accurately identify Customer's business and the purpose of the communication.

6.6 Message and Data Rates; Frequency

Standard message and data rates may apply to End Users based on their wireless carrier plans. Message frequency will vary based on Customer's configured workflows and the volume of End User interactions (e.g., booking confirmations, reminders, and rescheduling messages). Customer is responsible for ensuring its End User-facing consent language discloses that message and data rates may apply and that message frequency varies.

6.7 No Guarantee of Delivery; Emergency Use

SMS and voice communications are not a reliable channel for emergency communications. The Service must not be used to convey time-critical safety or emergency information, and OptiField disclaims any responsibility for delayed, undelivered, or filtered messages, regardless of cause.

6.8 Voice Call Routing

Where Customer enables AI-assisted voice call routing, the terms of this Section 6 apply equally to voice communications, including consent, do-not-call, and recording-disclosure obligations. Customer is solely responsible for complying with any state law requiring notice or consent to call recording (including two-party consent states) applicable to its own End Users.

Separate from the messages the AI Agent sends on a Customer's behalf, OptiField operates its own SMS program to communicate with website visitors, prospective customers, and Customers who contact OptiField directly. The following terms apply to that program:

Program name and sender:

OptiField Customer Care. Messages are sent from (949) 228-9446.

Program purpose:

This is a Customer Care program used for two-way customer support, scheduling, and account and booking messages. It is not used for marketing or promotional messages.

How you opt in:

You opt in by (a) checking the unchecked SMS consent box on our contact form at optifield.com/contact and submitting the form with your mobile number, or (b) sending a text message to (949) 228-9446. Checking the SMS box is optional and is not required to submit the form.

Types of messages:

You will receive customer care messages, including two-way customer support replies to your questions, demo and appointment scheduling, confirmations and reminders, and account and booking updates. We will not send marketing or promotional messages, or messages unrelated to your inquiry or relationship with OptiField.

Message frequency:

Message frequency varies based on your inquiry and conversation with us.

Costs:

Message and data rates may apply according to your wireless carrier plan.

Opting out:

Reply STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) to any message to opt out. You will receive one confirmation message and no further messages unless you opt in again, which you may do by replying START.

Help:

Reply HELP to any message, call (949) 228-9446, or email legal@optifield.com.

Consent not required:

Consent to receive text messages is not a condition of purchasing any goods or services from OptiField.

Carrier liability:

Wireless carriers are not liable for delayed or undelivered messages. Supported carriers include all major U.S. carriers.

Privacy:

Mobile numbers and SMS opt-in data are handled as described in the SMS section of our Privacy Policy and are never sold or shared with third parties or affiliates for marketing or promotional purposes.

OptiField and its licensors retain all right, title, and interest in and to the Service, including the AI Agent, underlying software, models, workflows, templates, and documentation. Customer receives a limited, non-exclusive, non-transferable, revocable license to access and use the Service during its subscription term for its internal business purposes.

As between the parties, Customer retains ownership of Customer Data (defined below) and the content of its own business information. Customer grants OptiField a license to use Customer Data as necessary to provide, maintain, support, and improve the Service, including training or fine-tuning the AI Agent's behavior for Customer's own account.

Customer further grants OptiField the right to use Customer Data and End User conversation data in de-identified and aggregated form (i.e., stripped of information that identifies Customer or any individual End User) to develop, train, and improve the Service, the AI Agent, and OptiField's other products generally, including for the benefit of other customers. OptiField will not disclose Customer's or any End User's identity, or any individually identifiable conversation content, in connection with this aggregated use.

8.1 Customer Data and the Privacy Policy

“Customer Data” means information Customer submits to the Service and communications data generated through Customer's use of the Service, including End User contact information and message content. OptiField's collection, use, and disclosure of personal information, including End User personal information processed through the AI Agent, is described in OptiField's Privacy Policy, which is incorporated into these Terms by reference.

Customer represents that it has the right to submit End User contact information to the Service and that its own privacy notices to End Users are sufficient to permit OptiField's processing of that information as described in the Privacy Policy.

8.2 CCPA/CPRA Service Provider Terms

With respect to End User personal information that Customer submits to, or that is generated through, the Service, Customer is a “business” and OptiField is a “service provider,” each as defined under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”). This Section 8.2 sets out the terms required for that service-provider relationship under Cal. Civ. Code §1798.140(ag), and controls over any conflicting provision of these Terms with respect to End User personal information.

Limited purpose:

OptiField will collect, retain, use, and disclose End User personal information solely for the specific business purpose of providing, maintaining, and supporting the Service to Customer (including enabling the AI Agent to communicate with, and book appointments for, Customer's End Users), for the business purposes described in OptiField's Privacy Policy, and as otherwise instructed by Customer in writing.

No sale or sharing:

OptiField will not sell or share End User personal information, as “sell” and “share” are defined under the CCPA.

No retention, use, or disclosure outside the business relationship:

OptiField will not retain, use, or disclose End User personal information for any purpose other than the business purposes specified in this Section 8.2, including not retaining, using, or disclosing it outside the direct business relationship between OptiField and Customer, except where necessary to comply with a legal obligation.

No combining of data:

OptiField will not combine End User personal information received from, or on behalf of, Customer with personal information it receives from or on behalf of another source, except to perform a business purpose permitted by the CCPA — including the de-identified/aggregated use of Service data across Customers described in Section 7, which OptiField will conduct only after the information has been de-identified and aggregated such that it no longer constitutes End User personal information.

Same level of protection:

OptiField will comply with its applicable obligations under the CCPA and will provide the same level of privacy protection for End User personal information as is required of businesses directly under the CCPA.

Audit and remediation rights:

Customer may, on reasonable prior notice and no more than once per year absent a good-faith belief that a violation has occurred, take reasonable and appropriate steps to confirm that OptiField uses End User personal information in a manner consistent with Customer's obligations under the CCPA, and OptiField will reasonably cooperate with such requests, including by providing relevant documentation upon request.

Notice of inability to comply:

OptiField will notify Customer promptly if OptiField makes a determination that it can no longer meet its obligations under the CCPA as a service provider.

Certification:

OptiField certifies that it understands the restrictions in this Section 8.2 and will comply with them.

The Service relies on third-party infrastructure providers, including Twilio (SMS/voice), Stripe (payment processing), Supabase (data hosting), OpenAI (AI orchestration), and Vercel (application hosting). Customer's use of the Service is subject to the applicable terms of these providers to the extent Customer directly interacts with them (e.g., Stripe's cardholder terms). OptiField is not responsible for outages, errors, or policy changes originating from third-party providers, but will use commercially reasonable efforts to maintain alternative arrangements where feasible.

Except as expressly stated in these Terms, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the AI Agent will operate error-free, uninterrupted, or will accurately interpret or respond to every End User communication.

To the maximum extent permitted by law, OptiField will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to these Terms or the Service, even if advised of the possibility of such damages.

OptiField's total aggregate liability arising out of or related to these Terms will not exceed the fees paid by Customer to OptiField in the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability does not apply to Customer's indemnification obligations under Section 12.1 (including claims arising from Customer's failure to obtain or honor required End User consent under Section 6), which are not subject to the cap described above.

12.1 By Customer

Customer will defend, indemnify, and hold harmless OptiField, its officers, employees, and affiliates from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Customer's breach of Section 6 (SMS and Text Messaging Terms), including any claim that a message sent through the Service to an End User violated the TCPA or any other consent-based communications law due to Customer's failure to obtain or honor required consent; (b) Customer Data or Customer's use of the Service in violation of these Terms or applicable law; or (c) Customer's configuration of AI Agent workflows, scripts, or booking rules.

12.2 By OptiField

OptiField will defend, indemnify, and hold harmless Customer from claims that the Service, as provided by OptiField and used in accordance with these Terms, infringes a third party's U.S. intellectual property rights, subject to customary exclusions (e.g., modified use, combination with non-OptiField products, or use in violation of these Terms).

These Terms remain in effect for so long as Customer maintains an active subscription. Either party may terminate for the other party's uncured material breach following 30 days' written notice. OptiField may suspend or terminate the Service immediately for violations of Section 5 (Acceptable Use) or Section 6 (SMS Terms), or as required by a carrier or regulator.

Upon termination, Customer's access to the Service, including the AI Agent and Account Numbers, will cease. OptiField will make Customer Data available for export for a period of 30 days following termination, after which it may be deleted in accordance with OptiField's data retention practices and the Privacy Policy.

Except for claims for injunctive relief or claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its Comprehensive Rules, for claims above the streamlined threshold), seated in Orange County, California.

The parties waive any right to a jury trial and to participate in a class, collective, or representative action.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that arbitration procedure is governed by the Federal Arbitration Act.

OptiField may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 15 days before taking effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

Entire Agreement:

These Terms, together with the Privacy Policy and any order form or plan-specific terms, constitute the entire agreement between the parties regarding the Service.

Assignment:

Customer may not assign these Terms without OptiField's consent; OptiField may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure:

Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier outages, telecommunications failures, or third-party service disruptions (e.g., Twilio, Stripe, OpenAI, or hosting provider outages).

Severability:

If any provision is held unenforceable, the remaining provisions remain in full effect.

Notices:

Legal notices to OptiField should be sent to legal@optifield.com, Attention: Adam Miller, and to 18301 Von Karman Ave #950, Irvine, CA 92612.

Questions about these Terms may be directed to legal@optifield.com.