Terms and Conditions

1. Introduction

Welcome to Geotech Assist. These Terms and Conditions ("Terms") govern your use of the services provided by GeotechAssist Ltd (referred to as the "Platform"), a company incorporated under the Laws of England and Wales with company number 15384311 ("Supplier"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.

2. Definitions

• "Service" refers to the SaaS application provided by Geotech Assist including any related services, software, and content.

• "User" means any individual or entity that accesses or uses the Service.

• "Account" means a unique account created for the User to access our Service.

• "Content" refers to any text, images, data, or other material that you upload, create, or provide while using the Service.

3. Account Registration and Responsibilities

Account Information: You agree to provide accurate and complete information when creating an Account and to keep this information up to date.

Account Security: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. Notify us immediately of any unauthorized use of your Account.

4. Rights to Access and Use

License Grant:
In consideration of payment of the applicable fees, the Client shall have the right to access and use the Service in accordance with the terms of this Agreement. The Client’s right to use the Service is subject to the following restrictions and obligations:

Eligibility and Use:

• The Client shall not use the Service nor upload data for any activity which breaches any applicable laws and/or any third-party rights or which would place the Company in breach of any applicable laws and/or any third-party rights.
• The Client shall procure and pay the relevant fees for each named user license for each Authorized User to access and use the Service and shall ensure no other person accesses and uses the Service using a named user license procured for a specific Authorized User, other than the specific Authorized User that the named user license has been procured for.
• The Client shall not upload, post, otherwise transmit, or provide access to data through the Service, which is unlawful, infringes any third party's intellectual property rights, or breaches any obligations of confidence. The Client shall comply with any additional requirements, including guides, acceptable and fair use policies, and instructions, regarding use of the Service which are notified to it from time to time.

• Lease, rent, or resell the rights to use the Service or allow anyone other than Authorized Users to use or benefit from the Service.
• Reproduce, copy, disassemble, decompile, reverse translate, or in any other manner decode the Service, except as permitted by applicable law.

Client Responsibilities:
The Client shall:

• Keep a complete and accurate record of all Authorized Users, and produce such record to the Company as reasonably requested.
• Notify the Company as soon as it becomes aware of any unauthorized use of the Service by any person (including any loss, theft, or unauthorized use or access to either the Service, or any usernames or passwords being compromised).
• Ensure that each Authorized User keeps confidential any login credentials used by the Authorized Users to access and use the Service and does not share such login credentials with any other person (including without limitation any employee or contractor employed or engaged by the Client).

The Client shall at all times be responsible and liable for all Authorized Users' acts and omissions in connection with the Service and compliance with the Agreement.

Suspension and Termination:
We reserve the right to suspend or terminate the Client's access to the Service, either during a free trial or paid service period, in the event of any violation of these Terms, failure to pay fees, or other conduct that we determine to be harmful to the Service or other users. Such suspension or termination may occur with or without notice, and the Company shall not be liable to the Client or any third party for any such suspension or termination.

5. Platform Data and Third-Party Data

The Client shall ensure that it has all rights, permissions, consents, and licenses necessary to:

• Upload data into the Platform; and
• Process the Platform Data using the Platform.

The Client shall comply with any additional third-party terms and conditions, restrictions, and conditions which are applicable to any Third-Party Data.

The Client acknowledges that the performance of the Platform is dependent on Platform Data and the quality of the same. The Company is not responsible or liable for any failures, errors, inaccuracies, or omissions in the performance of the Platform which are a result of the Platform Data.

6. Fair Usage Policy

To ensure the Service is accessible to all users and to prevent abuse, we have implemented a Fair Usage Policy. By using the Service, you agree to the following terms:

Usage Limits:

• You agree not to exceed the usage limits specified in your subscription plan. This includes, but is not limited to, limits on storage, bandwidth, and API calls.
• Initial API call limits are set at 100 API calls per day and 3,000 API calls per month per user. These limits are subject to adjustment based on actual usage patterns.

Prohibited Activities:

• You shall not use the Service to engage in any activity that is illegal, fraudulent, or interferes with the use of the Service by other users.
• Activities such as sending spam, uploading viruses or harmful code, and attempting to hack or disrupt the Service are strictly prohibited.
• Queries to third-party APIs provided through the Service must be relevant to the data and services offered by the Platform. Broad or unrelated queries that place undue load on the Service or the third-party APIs are prohibited.

Monitoring and Enforcement:

• We reserve the right to monitor your use of the Service, including third-party API queries, to ensure compliance with this Fair Usage Policy.
• If we determine that your usage is excessive, violates this Policy, or includes inappropriate API queries, we may throttle, suspend, or terminate your access to the Service.

Changes to the Policy:

• We may update this Fair Usage Policy from time to time. We will notify you of any significant changes, and your continued use of the Service constitutes acceptance of the updated Policy.

7. Access to Customer Data

You acknowledge and agree that authorized employees of Geotech Assist may access and view customer data as necessary to ensure the proper functioning of the Platform, provide customer support, and comply with legal obligations. This access will be limited to what is necessary to perform these functions and will be conducted in accordance with our privacy policy and data protection regulations.

8. Termination

Termination by User: You may terminate your Account at any time by following the instructions on the Service. Termination will be effective immediately.

Termination by Company: We may suspend or terminate your Account or access to the Service at any time, with or without cause, with or without notice, effective immediately.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. Any accrued rights and obligations will survive termination.

9. Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis. We make no warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, Geotech Assist shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service;
• Any unauthorized access to or use of our servers and/or any personal information stored therein;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party.

11. Indemnification

You agree to indemnify, defend, and hold harmless Geotech Assist, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right.

12. Modifications to the Service and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after such changes will constitute your consent to the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or the Service shall be resolved through binding arbitration in the United Kingdom.