MANDATORY LEGAL NOTICE:
BY ACCESSING, USING, OR CONTINUING TO USE ANY GEOVUE LTD SERVICES, SOFTWARE, HARDWARE, OR TOOLS (COLLECTIVELY "THE SERVICES"), YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
For the purposes of this Agreement:
2.1 All data sets, interpretations, recommendations, logs, risk assessments, and outputs presented through the Services are calculated estimates only and represent estimated values and parameters derived from signal attributes of sensor-collected data.
2.2 All sensors and data collection equipment are inherently subject to variance, drift, noise, error, malfunction, calibration issues, environmental interference, and uncertainty. Consequently, all data collected from such sensors, and all datasets derived therefrom, are subject to the same limitations, inaccuracies, and uncertainties.
2.3 No data, interpretation, recommendation, or output provided through the Services shall be viewed, interpreted, relied upon, or treated as absolute, definitive, guaranteed, or free from error under any circumstances.
2.4 The GeoVue cloud processing tools process data on a point-by-point basis without consideration for other data collected on the same project. This methodology may result in yield estimates and recommendations that differ from those produced by GeoVue's consulting or hardware-based processing methods.
3.1 Any artificial intelligence, machine learning, or automated analysis features provided by GeoVue Ltd (collectively "AI Features") are provided FOR ASSESSMENT AND DECISION-SUPPORT PURPOSES ONLY and are experimental in nature.
3.2 AI Output Limitations: AI Features may produce outputs that are incomplete, inaccurate, misleading, biased, hallucinated, nonsensical, or entirely erroneous. You acknowledge and accept that:
3.3 User Responsibility: You remain solely and exclusively responsible for:
3.4 Data Processing and Security: AI Features may involve processing data through networked systems, cloud infrastructure, third-party APIs, or external AI service providers. While GeoVue Ltd may implement reasonable safeguards, we do not and cannot guarantee:
3.5 Assumption of Risk: To the maximum extent permitted under New Zealand law and international law, You accept and assume all risks associated with the use of AI Features, including but not limited to:
4.1 BY SELECTING OR USING ANY FREE PROCESSING FEATURES, YOU IRREVOCABLY AND UNCONDITIONALLY TRANSFER TO GEOVUE LTD ALL RIGHT, TITLE, AND INTEREST IN AND TO ANY AND ALL DATA SUBMITTED FOR FREE PROCESSING.
4.2 Upon submission of Data for Free Processing, You acknowledge and agree that:
4.3 Representations and Warranties: By submitting Data for Free Processing, You represent, warrant, and guarantee that:
4.4 No Data Rights for Free Processing: You explicitly acknowledge that by choosing Free Processing, You forfeit any right to:
5.1 All Services are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults, defects, and errors.
5.2 To the maximum extent permitted by law, GeoVue Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES of any kind, whether express, implied, statutory, or otherwise, including but not limited to:
5.3 GeoVue Ltd provides no consultation, advice, or professional guidance unless expressly agreed to in a separate written agreement signed by an authorized officer of GeoVue Ltd.
6.1 Electro-seismic technologies and all geophysical exploration technologies are inherently uncertain and subject to significant risks, limitations, and potential for error.
6.2 GeoVue Ltd DOES NOT AND CANNOT GUARANTEE:
6.3 You acknowledge and accept that exploration results may be unsuccessful, unsatisfactory, or entirely contrary to expectations provided by the Services, and GeoVue Ltd bears no responsibility for such outcomes.
7.1 Independent Verification: You are solely responsible for independently verifying, validating, and evaluating all Data, outputs, recommendations, and interpretations before making any decisions or taking any actions based thereon.
7.2 Professional Consultation: You acknowledge the importance of obtaining independent professional advice from qualified geologists, engineers, consultants, legal advisors, and other experts appropriate to your circumstances.
7.3 Risk Assessment: You are responsible for assessing and accepting all uncertainties, limitations, and risks involved in using the Services and must consider such risks in all decisions and actions.
7.4 Data Filtering: Any filtering applied to collected data must be evaluated and accepted by You. You acknowledge that filtering inherently changes the content and characteristics of original data, and You accept sole responsibility for assessing whether applied filtering is acceptable and appropriate for your purposes.
7.5 Hardware and Equipment: GeoVue Ltd accepts no responsibility or liability whatsoever for any hardware, equipment, computers, devices, networks, or systems used by You to access or utilize the Services.
8.1 You expressly acknowledge and agree that once data processing has been completed and processing meter credits have been deducted from your account, there will be NO REFUND of processing meter credits under any circumstances whatsoever, including but not limited to:
8.2 All sales of processing credits are final and non-refundable.
MAXIMUM LIABILITY LIMITATION
9.1 TO THE MAXIMUM EXTENT PERMITTED UNDER NEW ZEALAND LAW, INTERNATIONAL LAW, AND THE LAWS OF ANY APPLICABLE JURISDICTION, GEOVUE LTD, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, ADVISORS, SUPPLIERS, LICENSORS, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, SUCCESSORS, ASSIGNS, AND ANY OTHER PERSONS OR ENTITIES ASSOCIATED WITH GEOVUE LTD (COLLECTIVELY "THE GEOVUE PARTIES") SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, CLAIMS, OR LIABILITIES OF ANY KIND WHATSOEVER.
9.2 Exclusion of All Damages: The GeoVue Parties shall not be liable for:
9.3 Theories of Liability: This limitation of liability applies regardless of the legal theory or basis of claim, including but not limited to:
9.4 Knowledge and Foreseeability: The limitation of liability applies even if the GeoVue Parties have been advised, knew, or should have known of the possibility of such damages, losses, or claims.
9.5 Cap on Total Liability: Notwithstanding any other provision, if any court of competent jurisdiction determines that the GeoVue Parties have any liability to You, such liability shall be capped at and shall not exceed the lesser of:
10.1 You agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the GeoVue Parties from and against any and all:
10.2 This indemnification obligation survives termination of your use of the Services and continues indefinitely.
10.3 You agree to cooperate fully with GeoVue Ltd in the defense of any claim subject to indemnification and to not settle any such claim without GeoVue Ltd's prior written consent.
11.1 You hereby IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE the GeoVue Parties from any and all claims, demands, causes of action, damages, losses, costs, liabilities, and expenses (including attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services.
11.2 You expressly waive and relinquish all rights and benefits afforded by any statute or principle of law that limits the scope or effect of a release, including but not limited to any statute providing that a general release does not extend to claims which the releasing party does not know or suspect to exist at the time of executing the release.
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
12.2 Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of New Zealand.
12.3 You irrevocably submit to the jurisdiction of the New Zealand courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
13.1 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms and Conditions.
13.2 The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.
14.1 These Terms and Conditions constitute the entire agreement between You and GeoVue Ltd regarding the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.
14.2 No modification, amendment, or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by an authorized officer of GeoVue Ltd.
No failure or delay by GeoVue Ltd in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
16.1 You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without the prior written consent of GeoVue Ltd.
16.2 GeoVue Ltd may freely assign, transfer, or delegate its rights and obligations under these Terms and Conditions without restriction.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, release of claims, and dispute resolution provisions.
18.1 GeoVue Ltd reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice.
18.2 Your continued use of the Services following any such modification constitutes your acceptance of the modified Terms and Conditions.
18.3 It is your responsibility to review these Terms and Conditions periodically for changes.
BY CLICKING "I ACCEPT," OR "Accept Terms," OR "Accept Terms and Load Report," OR BY CHECKING ANY ACCEPTANCE BOX, BY USING THE SERVICES, OR BY ACCESSING ANY GEOVUE LTD PRODUCT, SERVICE, OR TOOL, YOU EXPRESSLY ACKNOWLEDGE AND CONFIRM THAT:
IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.