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Effective Date: August 7, 2024

1. Introduction

Welcome to AfterShockApps (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our geotechnical professional application services (the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Use of Our Services

  • Eligibility: You must be at least 18 years old or have parental consent to use our Services.
  • Account Registration: To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Acceptable Use: You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not use our Services in a manner that could damage, disable, or impair the Services or interfere with other users’ enjoyment of the Services.

3. Intellectual Property

  • Ownership: All content, software, and technology related to our Services are owned by us or our licensors and are protected by intellectual property laws.
  • License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes. This license does not grant you any ownership rights or any rights to modify, reproduce, distribute, or create derivative works based on our Services.

4. User Content

  • Responsibility: You retain ownership of any data or content you submit to our Services (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and distribute such content for the purpose of operating and improving our Services.
  • Prohibited Content: You may not submit content that is illegal, harmful, defamatory, obscene, or infringes on the rights of others.

5. Fees and Payments

  • Charges: Some features of our Services may require payment. All fees are described on our website or within the Services. By using these features, you agree to pay all applicable fees.
  • Billing: We may use third-party payment processors to handle transactions. Your use of these services is subject to their terms and conditions.

6. Termination

  • Termination by Us: We reserve the right to terminate or suspend your access to our Services at our discretion, including for violation of these Terms or for any unlawful or disruptive behavior.
  • Termination by You: You may terminate your account at any time by contacting us. Upon termination, your access to our Services will be discontinued, and any data associated with your account may be deleted.

7. Disclaimers and Limitations of Liability

  • No Warranty: Our Services are provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
  • Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services, including but not limited to loss of profits, data, or use.

8. Indemnification

You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of our Services, your violation of these Terms, or your infringement of any third-party rights.

9. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of British Columbia, Canada without regard to its conflict of laws principles.

10. Dispute Resolution

Any disputes arising under these Terms will be resolved through binding arbitration in British Columbia, Canada, in accordance with the rules of  Vancouver International Arbitration Centre (VanIAC). The arbitrator’s decision will be final and binding.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the effective date. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.