26. Survival

 

Any provisions of these Terms that, by their nature, should survive termination of your license to use the Software will survive such termination, including but not limited to the provisions regarding intellectual property rights, confidentiality, disclaimer of warranties, limitation of liability, indemnification, governing law and jurisdiction, and dispute resolution.

 

27. Headings

 

The headings used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

 

28. Interpretation

 

In the event of any ambiguity or inconsistency between the provisions of these Terms, the parties agree that such ambiguity or inconsistency shall be resolved in a manner that best reflects the parties' intentions and the overall purpose of these Terms.

 

 

29. Compliance with Laws

 

You agree to comply with all applicable laws, regulations, and rules in connection with your use of the Software, including but not limited to, any applicable data protection and privacy laws, as well as any industry-specific regulations that may apply to your particular field of work or business.

 

30. Language

 

These Terms may be translated into other languages for your convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail and be binding upon the parties.

 

31. Accessibility

 

The Company is committed to making the Software accessible to users with disabilities in accordance with applicable laws and regulations. If you encounter any accessibility issues while using the Software, you are encouraged to contact the Company for assistance.

 

32. Backup and Data Loss

 

You are solely responsible for maintaining appropriate backups of your User Data and any other data generated or submitted while using the Software. The Company shall not be liable for any loss, corruption, or damage to your User Data or any other data due to hardware failures, software errors, network issues, or any other unforeseen circumstances.

 

33. Audit Rights

 

The Company reserves the right, at its expense, to audit your use of the Software to verify compliance with these Terms. You agree to provide the Company with reasonable access to your records, systems, and facilities as necessary to conduct such audits. Any audit shall be conducted during regular business hours and upon reasonable advance notice to you.

 

34. Publicity

 

You agree that the Company may use your company name and logo in its marketing materials, website, and other promotional materials to identify you as a customer of the Company and user of the Software, subject to your prior written approval, which shall not be unreasonably withheld or delayed.

 

35. Counterparts

 

These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. A signed copy of these Terms delivered by email or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.

 

36. Integration

 

These Terms, along with any other agreements or policies incorporated by reference, constitute the entire understanding between the parties regarding the subject matter hereof and supersede all prior and contemporaneous negotiations, agreements, and understandings, whether written or oral, relating to such subject matter.

 

 

37. Technical Support

 

a.   The Company may provide technical support for the Software at its discretion, which may include email support, online documentation, or other support resources. The scope, availability, and response times of technical support may vary depending on the specific support plan or subscription level you have chosen.

 

b.   The Company reserves the right to limit or refuse technical support for issues arising from your misuse of the software, modifications made by you or third parties, or use of the software on unsupported platforms or configurations.

 

38. Training and Professional Services

 

a.   The Company may offer training and professional services related to the Software, such as implementation assistance, customization, data migration, or consulting services. These services are subject to separate agreements and fees and are not included as part of your license to use the Software under these Terms.

 

b.   Any deliverables provided by the Company as part of such training or professional services shall be subject to the same intellectual property, confidentiality, and other provisions applicable to the Software under these Terms, unless otherwise agreed in writing.

 

39. Third-Party Websites and Services

 

The Software may contain links to or be integrated with third-party websites, platforms, or services. Such third-party services are not under the control of the Company, and the Company is not responsible for their content, functionality, privacy practices, or any other aspect of such services. By using these third-party services, you agree to comply with their applicable terms and conditions and acknowledge that the Company is not liable for any loss or damage arising from your use of or interaction with such services.

 

40. Open Source Software

 

The Software may include or incorporate open source software components that are subject to their respective open source licenses. To the extent that any such open source licenses require the Company to provide you with the corresponding source code or other information, you may request a copy of such source code or information by contacting the Company in writing.

 

41. Affiliates

 

The Company may perform its obligations under these Terms through one or more of its affiliates, subsidiaries, or related entities. The Company shall be responsible for the performance of its affiliates under these Terms to the same extent as if such performance had been rendered by the Company directly.

 

42. Non-Solicitation

 

During the term of these Terms and for a period of one (1) year thereafter, you agree not to directly or indirectly solicit, recruit, or hire any employee, consultant, or contractor of the Company, or induce or attempt to induce any such person to terminate their relationship with the Company, without the prior written consent of the Company.

 

43. No Implied Rights

 

Except for the rights expressly granted under these Terms, no other rights, licenses, or options are granted or implied by these Terms or by the parties' conduct, whether by estoppel, implication, or otherwise.

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44. Modification of Software

 

The Company reserves the right, at its sole discretion, to modify, enhance, improve, or discontinue any features, functionality, or components of the Software at any time. The Company will make commercially reasonable efforts to notify you of any material changes to the Software that may affect your use or access to the Software.

 

45. Beta Releases and Pre-Release Versions

 

a.   From time to time, the Company may make available beta releases or pre-release versions of the Software for testing and evaluation purposes. Such beta or pre-release versions may contain bugs, errors, or other issues, and are provided "as-is" without any warranties or representations of any kind.

 

b.   By using a beta or pre-release version of the Software, you agree to provide the Company with feedback, bug reports, and other information to help improve the quality and performance of the Software. The Company may use such feedback and information for any purpose without any obligation to compensate you.

 

46. Temporary Suspension

 

The Company reserves the right to temporarily suspend your access to the Software for maintenance, upgrades, security updates, or other reasons, with or without prior notice. The Company will make commercially reasonable efforts to minimize any disruption to your access and use of the Software during such suspension.

 

47. Electronic Communications

 

By using the Software, you consent to receive electronic communications from the Company regarding your account, these Terms, or other matters related to the Software. You agree that any notice, agreement, disclosure, or other communication that the Company sends you electronically will satisfy any legal communication requirements, including any requirement that such communications be in writing.

 

48. Customer Reference

 

Upon your written consent, you agree to serve as a reference customer for the Company, and to participate in case studies, testimonials, or other marketing initiatives to showcase the benefits, results, or success achieved through the use of the Software.

 

49. Changes to Terms

 

The Company reserves the right to update or modify these Terms at any time. Any changes to these Terms will be posted on the Company's website or otherwise made available to you. Your continued use of the Software after any such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Software.

 

50. Entire Agreement

 

These Terms, together with any other agreements or policies incorporated by reference, constitute the entire agreement between you and the Company concerning the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, relating to the same subject matter.

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51. Professional Use and Verification

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a. The Software is intended for use only by certified engineers or qualified professionals who possess the necessary qualifications and expertise in geotechnical engineering and related fields.

b. You acknowledge and agree that you are solely responsible for verifying and validating any results, analyses, or calculations generated by the Software before using them in any project or making any design decisions.

c. Design decisions should not be based solely on the output of the Software but must be made using your professional judgment, expertise, and analysis.

d. You agree that the Software is a tool to assist in your professional activities and that it is your responsibility to ensure that its use complies with all applicable laws, regulations, codes, and industry standards.

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52. Liability for Misuse of Software

You acknowledge that the Company shall not be liable for any misuse of the Software by you or any third party,

including but not limited to failure to verify and validate results or use of the Software by unqualified individuals.

 

53. User Responsibility for Data Input
 

You are solely responsible for the accuracy, quality, and legality of all data and information you input into the Software. The Company is not responsible for errors or issues arising from incorrect or incomplete data provided by you

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54..  Compliance with Industry Standards
 

You agree to ensure that your use of the Software complies with all relevant industry standards, codes, guidelines, and best practices applicable to geotechnical engineering and related fields.

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55. No Endorsement of Design Decisions
 

The Company does not endorse or approve any design decisions or outcomes generated through your use of the Software. All design decisions are made solely at your own risk based on your professional judgment and expertise.

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56. Limitations on Use for Critical Applications

The Software should not be used as the sole basis for decisions in critical applications where software errors could lead to significant harm, injury, or damage without independent verification and validation by qualified professionals.

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57. Insurance and Professional Indemnity

You are advised to maintain appropriate professional indemnity insurance or other applicable insurance coverage to cover any liabilities arising from your use of the Software.

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58. Regulatory Compliance

You are responsible for ensuring that your use of the Software complies with all applicable laws, regulations, and professional licensing requirements in your jurisdiction, particularly those related to professional engineering practice.

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59. Acknowledgment of Software Limitations
 

You acknowledge that the Software may have inherent limitations and agree to consider these limitations when interpreting and applying the results generated by the Software.

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60. Third-Party Dependencies

If the Software relies on third-party data, software, or services, the Company makes no representations or warranties regarding the accuracy, reliability, or availability of such third-party components. You agree that the Company is not liable for any issues arising from third-party dependencies.

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61. Governing Language

These Terms are written in the English language, which shall be the governing language in all respects. In the event of any conflict between the English version and any translation, the English version shall prevail.

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62. Privacy and Data Protection Compliance

The Company is committed to complying with applicable data protection and privacy laws. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

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63. Dispute Resolution Updates

Disputes arising under these Terms shall be resolved in accordance with the dispute resolution mechanisms specified herein and in compliance with current applicable laws and regulations.

 

64. Updates to Professional Use Clause

The Company reserves the right to update or modify Section 3 (Professional Use and Verification) to clarify definitions of "certified engineer" or "qualified professional" and to reference relevant certifications or licensing requirements as necessary.

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65. Disclaimer of Professional Advice

The Software is not a substitute for professional advice. You should consult with qualified professionals and exercise your own independent judgment before making any decisions based on Software output.

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66. Acceptance of Risk

You acknowledge and accept all risks associated with the use of the Software. You agree that you are solely responsible for any outcomes resulting from your use of the Software.

 

67. Use of Artificial Intelligence in Software

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a. The Software may utilize artificial intelligence (AI) technologies, including but not limited to artificial neural networks, to obtain factors from data derived from design tables, charts, and other sources.

b. While the Company conducts extensive testing of its AI technologies to ensure accuracy and reliability, you acknowledge and agree that AI-powered applications may produce incorrect or unexpected results.

c. You are solely responsible for exercising caution, and for validating and verifying all results generated by the AI components of the Software before relying on them in any project or making any design decisions.

d. Neural networks and other AI technologies used in the Software may make incorrect predictions or analyses, which could lead to erroneous design results. As such, independent verification of AI-generated outputs is necessary.

e. The Company disclaims any liability for errors or omissions in the results produced by the AI components of the Software, and you agree to hold the Company harmless from any claims arising from your use of such results.

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68. Disclaimer

All software sold on this website is distributed on an "as is" basis without any warranty, explicit or implicit. The developers and Authors will not be liable for direct, indirect, incidental, or consequential damages resulting from any defect in this software or in the documentation of the program, even if the developer and author has been previously made aware of the defect. Furthermore, The developer and authors make no systematic effort to inform all users of either bug fixes or upgrades. This program may not be sold or offered as an inducement to buy any other product

 

 

WEBSITE TEMRS AND CONDITIONS

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Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the geo-mechanica.com website (the "Service") operated by GEOMECHANICA ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

 

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

 

 1. Accounts

 

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

 

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

 2. Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

 

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

 

 3. Intellectual Property

 

The Service and its original content, features, and functionality are and will remain the exclusive property of GEOMECHANICA  and its licensors. The Service is protected by copyright, trademark, and other laws of both the [Country] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GEOMECHANICA .

 

 4. Engineering Information

 

The engineering information provided on the Service is for general informational purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Service or the information, products, services, or related graphics contained on the Service for any purpose. Any reliance you place on such information is strictly at your own risk.

 

 5. Links to Other Websites

 

Our Service may contain links to third-party websites or services that are not owned or controlled by GEOMECHANICA .

 

GEOMECHANICA has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that GEOMECHANICA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

 6. Termination

 

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

 7. Limitation of Liability

 

In no event shall GEOMECHANICA , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

 8. Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Saudi Arabia, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

 9. Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

 10. Disclaimer of Warranty

 

The Service is provided on an "as-is" and "as-available" basis. GEOMECHANICA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

GEOMECHANICA makes no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

 

 11. Indemnification

 

You agree to defend, indemnify, and hold harmless GEOMECHANICA and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

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