Terms of Service
These terms govern your use of ES3D. They are written to be read. If something here is unclear, ask us before you rely on it.
1. Who this agreement is with
These Terms are between Exploration Sites Corp. (“ES3D”, “we”, “us”) and the person or organisation accepting them (“you”). By ticking the acceptance box, creating an account, or using the Service, you agree to them. If you are accepting for an organisation, you confirm you are authorised to bind it.
2. What the words mean
- Service — the ES3D software and website at exploration.rocks.
- Your Data — drillhole, assay, survey, geological and spatial data you upload, and the project files you create.
- Outputs — grade shells, geological models, block models, resource figures, targeting scores, sections, images, decks and videos the Service generates.
- Viewer — someone who opens a shared link or embed without an account.
3. Your licence to use ES3D
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own business purposes for as long as your account is in good standing.
4. What you must not do
- Reverse engineer or decompile the Service, except where law says you may.
- Resell it, sublicense it, or run it as a service for third parties.
- Use it to build a competing product.
- Scrape or systematically extract its content or code.
- Remove or obscure any data-honesty badge, resource-disclosure card, Qualified Person attribution or provenance note from an Output. These exist so that whoever sees the result knows what it is; stripping them misrepresents our software and, more importantly, misrepresents your data.
- Use the Service unlawfully, or in breach of securities regulation.
5. Your data stays yours
You own Your Data. Nothing here transfers any ownership of it to us.
We process Your Data solely to provide and support the Service for you. We do not use it to train machine-learning models. We do not use it to develop other products. We do not sell it, and we do not share it with anyone except service providers strictly necessary to run the Service (listed in our Privacy Policy), who are bound by equivalent obligations, or where we are legally compelled — in which case we will tell you if we are allowed to.
We may use non-identifying operational metrics — feature usage, performance, error rates — to improve the Service. That data contains no geological values, no project content, and nothing identifying you or any property.
You can export your projects at any time. If you close your account we will delete Your Data within 90 days, other than copies in routine backups, which are purged on their normal cycle.
You confirm you have the right to upload Your Data, and that doing so does not breach any obligation you owe someone else — joint-venture, option and confidentiality agreements over a property commonly restrict this, and you are the only one who can know.
6. What Outputs are, and what they are not
We are not a Qualified Person or Competent Person and we give no professional geological, engineering or financial opinion. Before any Output is used in public disclosure, an investor communication or a regulatory filing, it must be reviewed and approved by a Qualified Person or Competent Person who takes responsibility for it.
Nothing in the Service is investment advice or a recommendation about any security.
Grade shells, geological models and block models are produced by interpolating between limited samples. They are estimates. They carry uncertainty and they will differ from what is actually in the ground.
You are responsible for complying with the securities laws and disclosure obligations that apply to you.
7. Our intellectual property
We keep all rights in the Service — the software, algorithms, models, interfaces and documentation, and every improvement to them. You get the licence in section 3 and nothing more. If you send us feedback or suggestions, we may use them freely and without obligation.
8. Availability
We work to keep ES3D running, but we do not promise it will be uninterrupted or error-free, and there is no service-level agreement. We may change or discontinue features, and will give reasonable notice of significant changes where we can.
9. Fees, the free trial and paused accounts
Where a paid plan applies, fees, billing period and renewal terms are those shown when you subscribe. Fees exclude taxes. We will give at least 30 days' notice before a price change takes effect at your next renewal. Where you use ES3D at no charge, sections 5, 6, 10, 11 and 12 still apply in full.
Free trial. A new account includes a free trial of seven days. No payment details are needed to start it, and nothing is charged when it ends.
Paused accounts. When a trial ends without a subscription, or a subscription ends or goes unpaid, the account is paused until you subscribe. While paused you cannot save to the cloud or publish, and presentations you published are not shown at their addresses, including where they are embedded on another website. Your projects are kept, and you can still open, export and delete them. Subscribing again lifts the pause, and published addresses show your presentations again.
Payment. Paid plans are billed through our payment processor, Stripe, renew automatically, and can be cancelled at any time; cancellation takes effect at the end of the paid period.
10. No warranties
The Service and all Outputs are provided “as is” and “as available”, without warranty of any kind, express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy and non-infringement. Some jurisdictions do not allow certain warranties to be excluded; where that is so, this section applies to the fullest extent permitted.
11. Limits on liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits, lost revenue, lost data or business interruption.
Our total liability for all claims is limited to the fees you paid us in the 12 months before the claim arose, or CAD $100 if you paid nothing. These limits do not apply to fraud, wilful misconduct, or death or personal injury caused by negligence.
12. Indemnity
You will defend and indemnify us against third-party claims arising from Your Data, from your use of an Output in disclosure, or from your breach of these Terms.
13. Confidentiality
Each party will keep the other's non-public information confidential and use it only for this agreement. This lasts 5 years after termination, and indefinitely for Your Data.
14. Term and termination
These Terms run while you have an account. You may stop using the Service and close your account at any time. We may pause an account as section 9 describes, and suspend or terminate for material breach, for non-payment, or for misuse that risks harm to others — with notice and a chance to fix it where the circumstances allow. Sections 5, 6, 7, 10, 11, 12, 13 and 16 survive termination.
15. Changes to these Terms
We may update these Terms. We will give at least 30 days' notice of material changes, and ask you to accept them at your next sign-in. Every version is recorded with the date you accepted it. If you do not accept a change, you may close your account before it takes effect.
16. Assignment
Neither party may transfer this agreement without the other's consent, except that we may transfer it as part of a merger, acquisition, reorganisation or sale of substantially all of our assets. Your terms and the protections in section 5 travel with it unchanged.
17. Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia, sitting in Vancouver, have exclusive jurisdiction.
18. Everything else
These Terms, with the Privacy Policy, are the entire agreement between us on this subject. If any part is unenforceable, the rest stands. Not enforcing something once does not waive it. Neither party is liable for delays caused by events outside its reasonable control. Notices to you go to your account email; notices to us go to the contact address on exploration.rocks.