Legal

Terms & Conditions

1. Acceptance of Terms

By creating an account, downloading the app, or otherwise accessing the Services, you confirm that you are at least 13 years of age (or the age of digital consent in your jurisdiction) and that you agree to these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

Sigma Geoscience provides tools for geological field data collection, structural analysis, stereonet plotting, and data management. The Services include a mobile field application, a web-based analysis platform, and optional cloud synchronization between devices.

2.1 Beta and Early Access

Parts of the Services are offered on a beta, preview, or early-access basis, including during any period in which we make the Services available at no charge. Beta features are provided for evaluation only, are made available “as is” and “as available” without warranty or support commitment of any kind, may contain defects, may produce incorrect results, and may be changed, restricted, or withdrawn at any time without notice. We make no commitment that any beta feature will become generally available, that it will remain free of charge, or that data created with it will be migrated, converted, or preserved. Sections 6 (Data Accuracy Disclaimer), 7 (Data Loss Disclaimer), 8 (Limitation of Liability), and 9 (Disclaimer of Warranties) apply to beta features in full. We may end any free, trial, or promotional period and begin charging for the Services on reasonable notice.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss arising from unauthorized access to your account.

Accounts are personal to a single individual. You may not share your credentials with, or permit your account to be used by, any other person, and you may not use one account to make the Services available to multiple users. Where the Services are licensed on a per-user basis, each individual who uses them requires their own account and subscription.

You agree to notify us promptly in writing if you become aware of: (a) any unauthorized use of your account or credentials, or any other actual or suspected breach of security affecting the Services; (b) any actual or suspected infringement, misappropriation, or other misuse of the Services or of our intellectual property rights; or (c) any claim that the Services infringe the rights of any third party. You agree to provide reasonable cooperation, at our expense, in any action we take to prevent or remedy such conduct.

4. Subscriptions and Payments

Some features of the Services require a paid subscription. By subscribing, you agree to pay the fees indicated at the time of purchase. Subscriptions automatically renew unless cancelled before the renewal date.

Our order process is conducted by Paddle.com, our merchant of record. Paddle is the seller of record for all purchases and handles payment processing, sales tax, and payment-related customer service. All fees are non-refundable except as described in our Refund Policy or required by applicable law. We reserve the right to change pricing with reasonable notice.

5. Your Data

You retain full ownership of all geological data, projects, measurements, photos, and other content you create or upload through the Services (“Your Data”). We claim no ownership or intellectual property rights over Your Data.

You grant us a limited, non-exclusive license to store, process, and transmit Your Data for the purpose of providing, maintaining, securing, and supporting the Services. This license terminates when you delete Your Data or your account, except as described in the following paragraph.

Aggregated and de-identified data. We collect usage and diagnostic information about how the Services are used, as described in our Privacy Policy. We may use that information, and information derived from Your Data, in aggregated or de-identified form (meaning it does not identify you, your account, or any specific project, site, or location) to operate, analyze, secure, support, improve, and develop the Services and to produce statistics about their use. We may continue to hold and use aggregated and de-identified data after you delete Your Data or your account. We will not disclose Your Data in identifiable form for these purposes.

Feedback. If you send us suggestions, feature requests, bug reports, ideas, or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose, including incorporating it into the Services, without any obligation of attribution, confidentiality, accounting, or compensation to you. Feedback is not Your Data and is not your Confidential Information.

6. Data Accuracy Disclaimer

7. Data Loss Disclaimer

8. Limitation of Liability

9. Disclaimer of Warranties

10. Indemnification

You agree to indemnify, defend, and hold harmless Sigma Geoscience and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) any output of the Services, including your use of, reliance on, publication of, or distribution of it; (d) any third-party claims arising from your use of data obtained through or uploaded to the Services; or (e) your combination or use of the Services with any data, software, hardware, or service not supplied by us.

Procedure. We will notify you in writing of any claim for which we seek indemnification. You will promptly assume control of the defense and investigation of the claim, using counsel reasonably acceptable to us, at your sole cost and expense. We may participate in the defense with counsel of our own choosing at our own expense. You may not settle any claim on terms that impose any obligation or liability on us, admit any fault on our part, or otherwise adversely affect our rights, without our prior written consent. If you fail to assume the defense promptly, we may defend or settle the claim ourselves at your expense. Our failure to give prompt notice does not relieve you of your obligations under this Section except to the extent you are materially prejudiced by the delay.

11. Acceptable Use

You agree not to:

12. Intellectual Property

The Services, including all software, design, text, graphics, logos, and trademarks, are owned by Sigma Geoscience and protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or branding without prior written consent.

During your use of the Services and thereafter, you agree not to contest or challenge, or to assist any third party in contesting or challenging, our ownership of or rights in the Services or in any of our intellectual property, including our software, trademarks, trade names, and logos. All goodwill arising from your use of our trademarks and trade names inures solely to our benefit.

13. Confidentiality

In the course of using or providing the Services, each party may gain access to non-public information of the other party, including, without limitation, source code and technical details of the Services, non-public pricing, business plans, and the terms of any negotiated agreement between the parties (“Confidential Information”). Confidential Information does not include Your Data, which is addressed in Section 5, or these publicly posted Terms.

Each party agrees to hold the other party’s Confidential Information in confidence, not to disclose it to any third party without the other party’s prior written consent, and to use it only as necessary to use or provide the Services. These obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was lawfully in the receiving party’s possession before disclosure; (c) is rightfully obtained from a third party without restriction; (d) is independently developed without use of the Confidential Information; or (e) is required to be disclosed by law or court order, provided the receiving party gives the disclosing party prompt notice where legally permitted.

The source code and object code of the Services are our Confidential Information. These obligations survive termination of these Terms.

14. Third-Party Services

The Services integrate with third-party services including Supabase, Google, Apple, Paddle, and Sentry. Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

15. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services.

Upon termination, your right to use the Services ceases immediately. We may delete your data from our servers after a reasonable retention period. Data stored locally on your device remains under your control.

16. Service Modifications, Fair Use, and Discontinuation

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Fair use and limits. The Services are provided for ordinary professional, academic, and personal use. We may set and enforce reasonable technical and commercial limits on your use, including limits on stored data volume, the number of projects or measurements, file and photo storage, synchronization frequency, import and export volume, request rates, and computational load, and we may vary those limits by plan. Where your use materially exceeds normal use for your plan, or places a disproportionate burden on our infrastructure or costs, we may throttle, suspend, or limit your use, require you to move to a different plan, or charge for the excess, in each case on reasonable notice, except where immediate action is necessary to protect the Services, our other users, or the security or integrity of either.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Montana, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved in the state or federal courts located in Montana, and you consent to the personal jurisdiction of those courts.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement; No Waiver

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Sigma Geoscience regarding your use of the Services and supersede any prior agreements.

Our failure to enforce any provision of these Terms, or any delay in enforcing it, is not a waiver of that provision or of any other provision, and does not affect our right to enforce it later or against any other person. No waiver is effective unless made in writing by us, and a waiver on one occasion is not a waiver on any other.

20. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the “Effective Date” above. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

21. Assignment

You may not assign or transfer these Terms, your account, or any of your rights or obligations under these Terms, in whole or in part, whether by operation of law or otherwise, without our prior written consent; any attempted assignment without that consent is null and void. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms bind and benefit the parties and their permitted successors and assigns.

22. Force Majeure

We are not liable for, and will not be deemed in breach of these Terms because of, any delay, failure to perform, or interruption of the Services resulting directly or indirectly from causes beyond our reasonable control, including acts of God, natural disaster, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, act of government or regulatory authority, failure or interruption of the internet or telecommunications networks, power failure, cyberattack or denial-of-service attack, or the failure, suspension, degradation, or discontinuation of any third-party platform, hosting provider, app store, payment processor, or other service on which the Services depend.

23. Equitable Relief

You acknowledge that any breach or threatened breach of Section 11 (Acceptable Use), Section 12 (Intellectual Property), or Section 13 (Confidentiality) would cause us irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available to us at law or in equity, we are entitled to seek specific performance and injunctive or other equitable relief in respect of any such breach or threatened breach, without the necessity of proving actual damages and without posting a bond or other security. You waive, and will use reasonable efforts to cause your representatives to waive, any requirement for the securing or posting of any bond in connection with such relief.

24. Export Control and Sanctions

The Services may be subject to export control and economic sanctions laws, including those of the United States. You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive sanctions; that you are not identified on any restricted-party, denied-persons, or sanctions list maintained by the United States or any other applicable government; and that you are not owned or controlled by any such person. You agree not to access, use, export, re-export, or otherwise make the Services available in violation of any applicable export control or sanctions law, and not to use the Services for any prohibited end use.

25. Survival

Sections 5 (Your Data), 6 (Data Accuracy Disclaimer), 7 (Data Loss Disclaimer), 8 (Limitation of Liability), 9 (Disclaimer of Warranties), 10 (Indemnification), 11 (Acceptable Use), 12 (Intellectual Property), 13 (Confidentiality), 15 (Termination), 17 (Governing Law and Disputes), 18 (Severability), 19 (Entire Agreement; No Waiver), 21 (Assignment), 23 (Equitable Relief), 24 (Export Control and Sanctions), and this Section 25 survive any expiration or termination of these Terms, together with any other provision that by its nature is intended to survive.

26. Contact Us

If you have questions about these Terms, contact us at: