In Field Pro Acceptable Use Policy

Last Updated: October 20, 2022

In Field Pro LLC (“IFP” “we,” “our,” or “us”) operates the In Field Pro mobile app and related platform (“the Services”). By using or downloading the Services in any way, you agree to comply with the terms of this Acceptable Use Policy (the “Policy”). If you do not agree to all of the terms and conditions of this Policy, you may not use or access the Services. Failure to comply with this Policy may result in us terminating or suspending your use of the Services and potential civil, criminal, or administrative liability or penalties against you. This Policy is incorporated by reference and governed by the Terms of Service or any other written agreement between you and IFP governing the Services.

This Policy applies to all use of the Services by In Field Pro clients that manage the Services and their affiliates, contracting parties, or other users authorized by or on behalf of In Field Pro clients (collectively, the “Administrators”).

1. Prohibited Use of the Services

The Services may not be used in any manner that is illegal, does not comply with best practices in Administrator’s industry, or violates any person’s rights. Prohibited use of the Services include using the Services to:

  • Transmit, or direct the transmission of, any advertising, marketing or other messaging if Administrator has not obtained the consent, if and only to the extent consent is required by law, from the recipient.
  • Transmit any messaging that is offensive, obscene, libelous, defamatory, fraudulent, abusive, or contains tortious material.
  • Engage in messaging that promotes, incites or instructs criminal matters.
  • Engage in messaging that is otherwise unlawful.
  • Impersonate or attempt to impersonate IFP, an IFP employee, another user, or any other person or entity.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm IFP or Users of the Services or expose them to liability.
  • Use the Services in any manner that violates (a) industry standards; (b) any third-party policies, including all of the applicable guidelines, rules, policies, or regulations published by the FEC, the CTIA, the Mobile Marketing Association, or any other governmental or accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third-party policies, or requirements in any other jurisdiction); or (c) any requirements that IFP may communicate to its Users, including any usage requirements.
  • Engage in any unsolicited advertising, marketing, or other activities, including any activities that violate anti-spam laws and regulations, including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation or regulation in any other jurisdiction).
  • Use the Services in connection with any unsolicited or harassing messages (commercial or otherwise), including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
  • Use the Services to harvest or otherwise collect information about others from users, including email addresses or phone numbers, without their consent to provide such information.
  • Create a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a text message or phone call.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other person’s or entity’s use of the Services, including their ability to engage in real time activities through the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack (or use the Services to engage in such an attack).
  • Otherwise interfere with the functionality of the Services.
  • Alter, modify, reconfigure, reverse engineer the Services or use the Services and any other third party code, files, script or program to automatically send messages or in any manner that infringes on IFP’s intellectual property rights or violates the terms of this Policy or applicable law.
  • Use any features offered in connection with the Services (including any proprietary code, files, script, or URL shorteners) outside of the In Field Pro mobile app and related platform.
  • Use any phone numbers which were randomly or sequentially generated from any third party code, files, script or program in connection with the Services, or use any “robo- dialers,” robotic texting, or any other form of communication with third parties that is not done by individuals.

2. Honoring Opt-Out Requests

You agree to immediately honor all requests to opt-out from or stop messaging via the Services, to cease and desist from sending any further message following the receipt of any such opt-out or stop messaging request, and to maintain a cumulative list of such opt-out requests.

3. Disclosure. You agree to immediately inform IFP of any actual, pending, or threatened breach of any provision of this policy. You further agree to cooperate fully with IFP in any remedial action due to any breach, or pending or suspected breach, of the term of this policy, at no cost to IFP unless such breach was caused by the gross negligence or willful misconduct of IFP. This Section 3 is in addition to, and not limitation of, any other rights or remedies IFP has under the Terms of Service or other agreement between the parties hereto.

4. Amendments to this Policy

This Policy may be modified at any time, for any reason, and at our sole discretion. You should review this Policy periodically to be aware of and understand any changes. A revised version of this Policy will be effective as of the date it is posted. Notwithstanding the foregoing, in the event we make a material change to this Policy, we will provide you with notice of such change by posting a notice on our website, after which your access and use of the Service shall be subject to the updated version of this Policy.