Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY LIMIT OUR LIABILITY (SECTION 10) AND REQUIRE THAT MOST DISPUTES BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WITH A CLASS-ACTION WAIVER (SECTION 12) AND A 30-DAY RIGHT TO OPT OUT.

Who you are contracting with. These Terms are entered into between you and Matt Spencer, an individual doing business as Fieldbuilt, a sole proprietorship in Colorado, United States. You can reach us by email at legal@fieldbuilt.dev or by mail at PO Box 203, Larkspur, CO 80118.

You accept these Terms:

• By submitting a form. Submitting the free scan form or the inquiry form constitutes your electronic signature and your agreement to these Terms and to receiving communications from us electronically. We rely on that affirmative act as your acceptance of the arbitration agreement in Section 12. All other provisions of these Terms, including Section 10, apply to any access to or use of the Site to the maximum extent permitted by law.
• By using the Site. Your access to and browsing of the Site is otherwise subject to these Terms as posted.

Client engagements are separate. Paid services (such as the Presence, Growth Engine, and Market Leader offerings described on the Site) are performed under a separate written proposal or agreement for that engagement. If anything in an engagement document conflicts with these Terms, the engagement document governs that engagement. These Terms govern the Site itself, the free scan, and our relationship before and outside any signed engagement.

The Site is offered only to individuals who are at least 18 years old and to businesses whose representatives are at least 18. By using the Site or submitting a form, you represent that you are at least 18 and, if you act for a business, that you have authority to bind that business.

The Site is directed to residents of the United States. Prices are in U.S. dollars. If you access the Site from outside the United States, you do so on your own initiative and at your own risk.

Fieldbuilt provides:

• A portfolio and services site describing the operator's work and productized service offerings;
• A free website scan that audits a business website against competing businesses using public data (Section 5); and
• An inquiry form for starting a conversation about services.

The Site has no user accounts and no login. Nothing on the Site is sold or purchased through the Site itself.

Everything published on the Site, including case studies, service descriptions, statistics, and every scan report, is general information provided for informational purposes only. It is not legal, financial, accounting, or other professional advice, and no professional-client relationship is created by using the Site or receiving a scan report.

• Case studies and statistics describe our own projects at the time they were measured. They are historical facts about specific properties, not promises about results for anyone else.
• Scan reports are diagnostic opinions based on public signals at the moment of the scan (Section 5). They are a starting point for a conversation, not a certified audit.
• You are responsible for your decisions. Business decisions you make using Site content or a scan report are yours.

The free scan produces a report benchmarking a business website against competing local businesses, using public data gathered at scan time from the scanned website itself and from third-party sources (Google PageSpeed Insights, Google Places, Ahrefs, and an AI model, as described in our Privacy Policy). By submitting the scan form, you agree to the following:

• Authorization. You represent and warrant that you own, operate, or are authorized to represent the website and business you submit. Submitting someone else's business breaches these Terms and that warranty.
• Grades are opinions. Report grades and findings are automated, methodology-based assessments of public signals at a single moment in time. Third-party data sources may be wrong, stale, or incomplete; websites change; review counts move. We do not warrant the accuracy, completeness, or currency of any report, any grade, or any statement about any business, including competitors named in a report.
• AI content varies. The AI-visibility section reports what an AI model said when asked about your trade and area. The same question can produce different answers at different times. A mention or omission is a snapshot of one model's response, not a fact about any business, and not our statement about anyone.
• Your report link is shareable, and that is your choice. Reports live at a long, unguessable link for 90 days, and anyone you give the link to can view it. You control who receives it.
• Reasonable use only. The scan is rate-limited per requester, per business, and globally; limits may change without notice. You may not use automated means to submit scans, resell or repackage scan reports as your own service, or use the scan to build a dataset or competing product.
• We may refuse or throttle any scan request at our discretion, including requests that appear abusive, automated, or submitted without authorization.
• Corrections. A business named in a scan report may request correction or removal of statements about it at any time by emailing legal@fieldbuilt.dev; our Privacy Policy describes the parallel data-removal channel.

Published prices are current rates, not binding offers. Service descriptions and prices on the Site are provided for general information, may change at any time, and do not obligate either of us. A project begins only when both sides agree to it in a signed proposal or agreement, and that engagement document (including its own pricing, scope, payment, and liability terms) governs the work.

No guaranteed rankings, traffic, leads, or revenue. Our work involves search engines, AI assistants, review platforms, and advertising systems operated by third parties who change their algorithms and policies without notice and over whom we have no control. To the maximum extent permitted by law, we do not guarantee, and nothing on this Site promises, any particular search ranking, traffic level, lead volume, AI-assistant mention, review outcome, or revenue result, for any service at any price. Case-study metrics on the Site are real measurements from our own or clients' properties at the time stated; they are not a representation that your results will match them. Descriptions of product features, reliability, and build quality on the Site are design goals describing how we build, not performance warranties; any warranty for client work is stated exclusively in the engagement document for that work.

Client-owned assets. Where the Site says clients own their assets, it describes our standard practice: our engagement documents provide that, upon full payment for the applicable work, the client owns the project deliverables built for them, including their domain registration, website content, and site code custom-built for the engagement, while our pre-existing tools, templates, internal systems, and know-how (licensed as needed for the deliverables to function) and third-party components under their own licenses are not transferred. The grant of rights for any project is made only in that project's signed engagement document.

Our content. The Site, including its text, design, case studies, and the selection and arrangement of its content, is owned by us and protected by United States copyright and other intellectual-property laws. All rights reserved.

Your license to browse. We grant you a limited, revocable, non-exclusive license to access the Site and to view, download, and print individual pages for your own personal use or the internal use of your own business. This license does not permit republication, redistribution, bulk extraction, or commercial exploitation of Site content.

Scan reports. Your scan report is for the internal use of the business that requested it. You may share it within your business and with your advisors; you may not republish it, present it as your own audit product, or use it to market services to third parties.

Trademarks. "Fieldbuilt" and the Site's logos and trade dress may not be used without our prior written permission. Third-party names and marks appearing on the Site (including in scan reports and portfolio pages) belong to their respective owners; their appearance does not imply affiliation or endorsement.

Infringement complaints. If you believe content on the Site infringes your copyright, email legal@fieldbuilt.dev or write to PO Box 203, Larkspur, CO 80118 with: identification of the copyrighted work; identification of the material and its location on the Site; your name, address, telephone number, and email address; a statement of your good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We will review and respond.

You agree that you will not, and will not help or permit anyone else to:

• submit a website or business you are not authorized to represent to the scan;
• scrape, harvest, or bulk-download Site content or data for republication, resale, or use in a competing product (ordinary search-engine indexing and individual use per Section 7 are fine);
• interfere with the Site's operation, including probing, overloading, or disrupting the Site or submitting automated or high-volume requests;
• circumvent technical controls, including rate limits, honeypots, and report-link identifiers, or attempt to access reports, dashboards, or data you were not given;
• misrepresent yourself, including submitting false contact information or another person's information without authority; or
• use the Site for any purpose that is unlawful or violates these Terms.

We may block, throttle, or refuse service to any user or system that we reasonably believe violates this section, without notice, in addition to any other remedy available to us.

We work to keep the Site accurate, and scan reports are generated from sources we consider reasonable. Even so, errors, omissions, and stale data are possible, and third-party data is outside our control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT, AND EVERY SCAN REPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENCY, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. We do not warrant that any content, report, or recommendation will produce any particular result.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you; in those jurisdictions, our warranties are disclaimed to the maximum extent the law allows. Nothing in this section limits any non-waivable rights you have under the consumer-protection laws of your state of residence. For New Jersey residents: the disclaimers in this section apply to you only to the extent permitted by New Jersey law and are not intended to waive any right you have under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or other New Jersey law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, OR ANY SCAN REPORT, including without limitation lost profits or revenue, lost business opportunities, business interruption, or loss of data, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we were advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). The Site and the scan are free; this cap does not apply to paid client engagements, whose liability terms are set in their own engagement documents.

What this section does not do. The exclusions and the cap in this section do not apply to: (i) statutory damages, statutory penalties, or statutory fee awards under any statute whose remedies cannot lawfully be waived or limited by contract; (ii) liability for fraud, willful misconduct, or gross negligence; or (iii) any other liability that cannot be excluded or limited under applicable law. Nothing in these Terms waives any non-waivable right you have under the consumer-protection laws of your state of residence. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. For New Jersey residents: the exclusions and limitations in this section and in Sections 9 and 11 apply to you only to the extent permitted by New Jersey law.

You agree that the limitations in this section are a reasonable allocation of risk given that the Site and the scan are provided free of charge, and that they are an essential basis of the bargain between you and us.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold us harmless from and against any third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising out of or relating to: (a) your breach of these Terms, including the authorization requirement in Section 5 and the acceptable-use rules in Section 8; (b) a scan you submitted for a website or business you were not authorized to represent; (c) information you submit through the Site, including contact information you were not authorized to submit; (d) your distribution of a scan report and any consequences of who you gave the link to; or (e) your violation of any law or of any third party's rights.

This obligation does not apply to any claim solely to the extent it is finally determined to have resulted from our own gross negligence or willful misconduct. Nothing in this section requires you to indemnify us for anything that cannot be indemnified under the law of your state of residence; for New Jersey residents, this section applies only to the extent permitted by New Jersey law.

We reserve the right, at our expense, to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION, AND GIVES YOU A 30-DAY RIGHT TO OPT OUT.

(a) Informal resolution first (required). Before either of us may start an arbitration or lawsuit, the party with the dispute must send the other a written notice describing the dispute and the relief sought: to us, by email to legal@fieldbuilt.dev or by mail to PO Box 203, Larkspur, CO 80118, at your choice; to you, at the email or mailing address you provided. For 60 days after the notice, you and we agree to try in good faith to resolve the dispute informally. To the extent permitted by law, the 60-day period tolls any applicable statute of limitations. If we do not respond to your notice within 30 days, this requirement is satisfied and you may proceed.

(b) Agreement to arbitrate. If we cannot resolve a dispute informally, you and we each agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the scan, or any communications you receive as a result of using the Site, including any question of whether a dispute is subject to this arbitration agreement, will be resolved by binding arbitration on an individual basis, rather than in court, except as provided in subsections (c), (d), and (e). This agreement is mutual: it binds us the same way it binds you. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, including, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is filed. If the AAA is unavailable or declines to administer the arbitration for any reason, the parties will agree on an alternative consumer arbitration administrator; if they cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator under 9 U.S.C. § 5. Arbitration will be conducted by a single arbitrator, in English, and, at your election, by videoconference, on written submissions, or in person in the county where you reside. Payment of filing, administrative, and arbitrator fees will be governed by the administrator's consumer rules and fee schedules. The arbitrator may award the same individual relief a court could award, and the award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act.

(c) Small-claims carve-out. Either you or we may instead bring an individual claim in small claims court (for you, the small claims court where you live), so long as the claim stays in that court and proceeds only on an individual basis.

(d) Injunctive-relief carve-out. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property (including violations of Sections 7 and 8), without first arbitrating.

(e) Class-action waiver; who decides its enforceability. You and we each waive the right to participate in a class action, class arbitration, consolidated action, or representative proceeding. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to resolve that party's individual claim. Notwithstanding the delegation in subsection (b), the enforceability of this class-action waiver is to be decided by a court, not by an arbitrator. If a court finds this waiver unenforceable as to a particular claim, then this entire arbitration agreement does not apply to that claim, which will instead proceed in court under Section 13; this sentence is not severable from the rest of this subsection (e).

(f) Jury trial. In any arbitration, there is no jury. If this arbitration agreement does not apply to a claim (because you opted out, because the class-action waiver is found unenforceable, or for any other reason), then no jury-trial waiver applies to that claim either, and you retain whatever right to a jury trial the law gives you.

(g) Coordinated (mass) filings. If 25 or more similar demands for arbitration are filed against us by claimants represented by the same or coordinated counsel, the arbitrations will be administered under the AAA's Mass Arbitration Supplementary Rules (or the administrator's equivalent rules), including any staging or batching procedures those rules provide. Nothing in this subsection alters any claimant's right to an individual arbitration of their own claim or limits the relief available to any individual claimant.

(h) Your right to opt out. You may reject this arbitration agreement (subsections (b) through (g)) entirely, with no penalty and no effect on any other part of these Terms, by emailing legal@fieldbuilt.dev with the subject line "Arbitration Opt-Out," together with your name and the email address you used on the Site (or, if you never submitted a form, an email address at which we can confirm your opt-out), within 30 days of your first form submission (the date and time of that submission as recorded by us). If we hold no record of your acceptance, the 30-day window has not begun and you may opt out at any time before a dispute between us arises. We will confirm your opt-out by reply email. If you opt out, disputes will be resolved in court under Section 13.

(i) Severability and survival. Except as stated in subsection (e), if any part of this Section 12 is found unenforceable, the remainder remains in effect. This Section 12 survives any termination of these Terms.

These Terms and any dispute arising out of them or the Site are governed by the laws of the State of Colorado and applicable United States federal law, without regard to conflict-of-laws principles, except that (a) the Federal Arbitration Act governs Section 12, and (b) if you are a consumer, nothing in this section deprives you of the protection of mandatory consumer-protection laws of your state of residence that cannot be waived by contract.

For any claim that is not subject to arbitration under Section 12 and is not brought in small claims court, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver, Colorado, except to the extent the law of your state of residence guarantees you a different forum for consumer claims.

You may stop using the Site at any time. We may, with or without notice, suspend or terminate your access to the Site, refuse form submissions or scan requests, revoke licenses granted under Section 7, and decline future service, if we reasonably believe you have violated these Terms or applicable law, or to protect the Site, its data, our users, or ourselves.

Sections that by their nature should survive termination do survive, including Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16.

We may revise these Terms from time to time. When we do, we will post the revised Terms at this address, update the effective date, and keep prior versions available on request by email.

Changes apply prospectively only. No change to Section 12 (dispute resolution) applies to a dispute that arose before the change took effect, and a form submission is governed by the version of these Terms in effect when it was made. For material changes, including any change to Sections 10 or 12, we will require your fresh affirmative agreement at your next form submission before the revised terms apply to you. For non-material changes, your continued use of the Site after revised Terms are posted constitutes your acceptance to the extent permitted by law.

Entire agreement. These Terms are the entire agreement between you and us regarding the Site and supersede any prior understandings on that subject. Our Privacy Policy describes our data practices and should be read alongside these Terms; except where these Terms expressly adopt a commitment from it, it is a description of our practices rather than a separate set of contractual promises. Signed engagement documents govern paid client work and control over these Terms for that work (Section 1).

Severability. Except as stated in Section 12(e), if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later. Any waiver must be in writing.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a sale, transfer, or reorganization of the business, and they will bind and benefit any permitted successors.

No third-party beneficiaries. These Terms create no rights in any person other than you and us.

Time to bring claims. To the extent permitted by law, any claim arising out of or relating to the Site or these Terms must be commenced within one year after the claim accrues; otherwise it is permanently barred. This paragraph does not shorten any limitations period that applicable law does not allow to be shortened.

Feedback. If you send us ideas, suggestions, or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation, and we have no obligation of confidentiality with respect to them.

Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including outages of third-party hosting, email, or data services.

Headings and interpretation. Section headings are for convenience only. "Including" means "including without limitation."

Fieldbuilt is operated as a sole proprietorship by Matt Spencer, an individual doing business in Colorado, United States.

Email: legal@fieldbuilt.dev
Mail: PO Box 203, Larkspur, CO 80118

Write to us about these Terms, the scan, opt-outs, or anything else on the Site. This is a one-person business; we read every message and aim to respond promptly. For questions about your personal information, see our Privacy Policy, which uses the same contact details.