GeoMiner.ai — Terms of Service and Privacy Policy

Effective Date: 1 August 2025

PART A – TERMS OF SERVICE

1. Introduction

GeoMiner.ai ("GeoMiner", "we", "our" or "us") operates a software‑as‑a‑service platform that leverages artificial intelligence to assist clients in mineral and energy exploration (the "Service"). These Terms of Service (the "Terms") set out the legally binding agreement between you and GeoMiner governing your access to and use of the Service. By accessing or using any part of the Service, you agree to be bound by these Terms.

2. Definitions

  • Account – the online account created by or for a User to access the Service.
  • Affiliate – any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
  • Client Data – all data, files, models, geospatial information, and other content submitted by you or on your behalf to the Service.
  • Output – results, predictions, visualisations, or reports generated by the Service from Client Data.
  • User – any individual that accesses or uses the Service under your Account.

3. Acceptance of Terms

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have authority, or if you do not agree with these Terms, do not access or use the Service.

4. Eligibility

You must be at least 18 years old and legally able to form a binding contract in your jurisdiction to use the Service.

5. Account Registration & Security

You agree to:

  1. provide accurate, current, and complete information during registration;
  2. maintain and promptly update your information so it remains accurate;
  3. maintain the confidentiality of your login credentials; and
  4. notify us immediately of any unauthorised use of your Account.
    You are responsible for all activities that occur under your Account.

6. Licence Grant

Subject to these Terms and payment of applicable fees, GeoMiner grants you a non‑exclusive, non‑transferable, non‑sublicensable, time‑limited licence to access and use the Service solely for your internal business purposes.

7. Fees & Payment

Fees, billing cycles, and payment terms are specified in your Order Form or Subscription Plan. All fees are payable in the currency stated, exclusive of taxes. Late payments may accrue interest at 1.5 % per month (18 % per annum) or the maximum rate permitted by law.

8. Client Data & Output

  1. Ownership. You retain all right, title, and interest in and to Client Data and Output.
  2. Licence to GeoMiner. You grant GeoMiner and its sub‑processors a worldwide, royalty‑free licence to host, copy, process, and display Client Data solely to provide and improve the Service.
  3. Data Representations. You represent that you have all rights and permissions necessary to provide Client Data and that its use will not infringe or violate any laws or third‑party rights.

9. Acceptable Use & Prohibited Conduct

You shall not (and shall not allow any third‑party to):

  • use the Service for unlawful, fraudulent, or harmful purposes;
  • circumvent or interfere with security‑related features;
  • reverse engineer, decompile, or disassemble any part of the Service;
  • access the Service for the purpose of building a competitive product or service;
  • upload malicious code or destructive content;
  • violate export control or sanctions laws.

10. Intellectual Property

Except for the limited licence expressly granted herein, GeoMiner and its licensors retain all rights, title, and interest in and to the Service, including all related intellectual‑property rights.

11. Confidentiality

Each party ("Recipient") shall protect the other party’s Confidential Information with the same degree of care it uses to protect its own similar information (but no less than reasonable care) and shall use it solely to perform under these Terms. Confidentiality obligations survive for five (5) years after termination, except for trade secrets, which remain protected for so long as they constitute trade secrets.

12. Third‑Party Services

The Service may integrate with third‑party software, data, or services ("Third‑Party Services"). We do not control and are not responsible for Third‑Party Services. Your use of Third‑Party Services is governed by their terms.

13. Feedback

If you provide suggestions or feedback regarding the Service ("Feedback"), you grant GeoMiner a perpetual, irrevocable, royalty‑free licence to use the Feedback for any purpose without restriction or compensation to you.

14. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, GeoMiner disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non‑infringement, accuracy, completeness, and reliability. We do not warrant that the Service will be uninterrupted, secure, or error‑free.

15. Limitation of Liability

To the maximum extent permitted by law:

  • GeoMiner’s total aggregate liability arising out of or relating to these Terms shall not exceed the greater of (a) the amount you paid to GeoMiner for the Service in the twelve (12) months preceding the first incident giving rise to liability, and (b) CAD 10,000.
  • GeoMiner shall not be liable for indirect, consequential, incidental, special, punitive, or exemplary damages, or for loss of profits, revenue, data, or business interruption, even if advised of the possibility of such damages.

16. Indemnification

You will defend, indemnify, and hold harmless GeoMiner, its Affiliates, and their respective officers, directors, employees, and agents from and against any loss, liability, claim, or demand arising out of or related to: (a) your use of the Service; (b) Client Data; (c) your violation of these Terms; or (d) your violation of applicable laws or the rights of any third‑party.

17. Termination & Suspension

Either party may terminate these Terms for material breach upon thirty (30) days’ written notice if the breach remains uncured. GeoMiner may suspend your access to the Service immediately if required to comply with law, protect the Service, or address material breaches (e.g., non‑payment, security threats). Upon termination, your right to use the Service ceases, and Sections 8–17, 19, and 21 survive.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict‑of‑laws principles. Any dispute shall be submitted to binding arbitration under the British Columbia International Commercial Arbitration Centre Rules. The place of arbitration shall be Vancouver, and the language shall be English.

19. Export Compliance & Sanctions

You represent that you are not located in, and will not use the Service from, any jurisdiction subject to Canadian, U.K., U.S., or E.U. embargoes, nor are you listed on any sanctions list. You will comply with all applicable export‑control and sanctions laws.

20. Changes to the Terms

We may update these Terms from time to time. If changes are material, we will provide at least 30 days’ notice via the Service or email. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.

21. Contact

For questions about these Terms, please contact legal@geominer.ai or write to GeoMiner.ai, 555 West Hastings Street, Suite 1100, Vancouver, BC  V6B 4N6, Canada.

PART B – PRIVACY POLICY

GeoMiner.ai respects your privacy and is committed to protecting Personal Information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), the EU General Data Protection Regulation (GDPR), and, where applicable, the California Consumer Privacy Act (CCPA).

1. Scope

This Privacy Policy explains how we collect, use, disclose, and protect information when you visit geominer.ai or use the Service (collectively, the "Site").

2. Personal Information We Collect

Category Examples Purpose
Account Details Name, company, email address, phone number, billing address Account creation, authentication, invoicing
Usage Data IP address, device type, browser, access times, pages viewed, clicks Service delivery, analytics, security
Client Data Geospatial datasets, exploration logs, drilling data uploaded by you Core functionality (AI modelling, visualisation)
Payment Data Last 4 digits of credit card, billing tokens Payment processing
Cookies & Similar Tech Session cookies, analytics cookies, preference cookies Remember preferences, measure engagement

We do not knowingly collect information from children under 16.

3. Legal Bases for Processing (GDPR)

We rely on one or more of the following legal bases: (a) performance of a contract; (b) legitimate interests (e.g., improving and securing the Service); (c) consent (for optional cookies or marketing); and (d) compliance with legal obligations.

4. How We Use Information

  • To provide, maintain, and improve the Service and Output
  • To communicate with you, including sending technical notices, updates, and support messages
  • To process transactions and invoicing
  • To detect, prevent, and address technical issues, fraud, or misuse
  • To conduct research and development to enhance AI models
  • To comply with legal obligations and enforce our Terms

5. Sharing & Disclosure

We share Personal Information only as described:

  1. Service Providers. Cloud hosting, payment processors, analytics, and customer‑support vendors under contractual confidentiality.
  2. Affiliates. For purposes consistent with this Policy and subject to strict safeguards.
  3. Legal Obligations. When required by law, court order, or to protect rights, property, or safety.
  4. Business Transfers. In connection with a merger, acquisition, or sale of assets, subject to confidentiality.
    We do not sell Personal Information.

6. International Data Transfers

Your information may be stored and processed in Canada, the United States, the United Kingdom, or other jurisdictions where we or our service providers operate. We implement safeguards such as Standard Contractual Clauses to protect Personal Information transferred outside of the EEA or U.K.

7. Data Retention

We retain Personal Information as long as necessary to fulfil the purposes outlined in this Policy, comply with legal obligations, resolve disputes, and enforce agreements. Back‑ups are retained for no longer than 60 days.

8. Security Measures

We employ administrative, technical, and physical measures, including encryption in transit and at rest, role‑based access controls, regular penetration testing, and ISO 27001‑aligned policies.

9. Your Privacy Rights

Depending on your jurisdiction, you may have rights to:

  • Access, rectify, or erase Personal Information
  • Restrict or object to processing
  • Data portability
  • Withdraw consent at any time (without affecting prior processing)
  • Lodge a complaint with a supervisory authority (e.g., Office of the Privacy Commissioner of Canada, ICO, or relevant EU DPA)
    Requests may be submitted to privacy@geominer.ai. We will respond within 30 days.

10. Cookies & Tracking Technologies

You may set your browser to refuse cookies or indicate when a cookie is being sent. If you disable cookies, some features may not function properly. We honour "Do Not Track" signals where legally required.

11. Third‑Party Links

The Site may include links to third‑party websites not operated by GeoMiner. We are not responsible for their privacy practices. We encourage you to review the privacy statements of any linked sites.

12. Changes to this Policy

We may update this Policy periodically. We will post the updated version on this page and revise the "Last Updated" date. For material changes, we will notify you via email or in‑app notice at least 30 days before the changes take effect.

13. Contact Us

If you have questions about this Privacy Policy or our data practices, please contact:

Data Protection Officer
GeoMiner.ai
555 West Hastings Street, Suite 1100
Vancouver, BC  V6B 4N6
Canada
Email: privacy@geominer.ai
Telephone: +1 604‑555‑0123

Disclaimer

These Terms and Privacy Policy are provided for informational purposes only and do not constitute legal advice. You should consult qualified legal counsel to ensure compliance with all applicable laws and regulations in the jurisdictions where you operate.