Terms & Conditions

TERMS & CONDITIONS – TERRACAPTURE (PTY) LTD

Effective Date: October 6, 2025

Company: TerraCapture (Pty) Ltd

Registration No.: 2025/526016/07

Address: Dock Road Junction, Cape Town, 8001, South Africa

1. Acceptance of Terms

By downloading, installing, or using the TerraCapture mobile or web application (“App”), you (“User”, “you”) agree to be bound by these

Terms and Conditions (“Terms”) and our Privacy Policy (https://www.terra-capture.com/privacy).

If you do not agree, you may not access or use the App. If you are using the App on behalf of a company or organization, you represent that

you are authorized to bind that entity to these Terms.

These Terms apply in addition to, and do not override, any Business License Agreement entered into by your organization.

We will notify you of material changes to these Terms via the App, email, or website.

2. Description of Service

TerraCapture (Pty) Ltd (“TerraCapture”, “we”, “us”, “our”) provides a geological data collection and management platform for mineral

exploration, featuring mobile and web-based tools for mapping, sampling, drilling, customizable forms, offline logging, and team

collaboration.

The App is available as:

• A free version for businesses (unlocked via License Codes under a Business License Agreement), or

• A paid version for individual users via Google Play.

Access to both is governed by these Terms and any additional agreements in place for business users.

3. Eligibility

To use the App, you must:

• Be at least 18 years old;

• Provide accurate registration information; and

• Have the legal authority to enter this agreement.

The App is not intended for underage users.

4. Account Registration

Users may need to create an account to access App features. You are responsible for:

• Maintaining the confidentiality of your login credentials;

• Ensuring only authorized personnel access your business account; and

• Notifying TerraCapture immediately of unauthorized use or security breaches.

You may delete your account at any time through the App’s settings or by contacting admin@terra-capture.com.TerraCapture is not

responsible for losses resulting from unauthorized access.5. License Grant and Restrictions

5.1 License

TerraCapture grants you a non-exclusive, non-transferable, revocable license to install and use the App for internal business or professional

purposes, in accordance with these Terms.

For business users, the license is activated via unique License Codes provided under a separate Business License Agreement.

5.2 Restrictions

You may not:

• Copy, modify, or distribute the App;

• Reverse-engineer, decompile, or extract source code;

• Rent, lease, sell, or sublicense the App or License Codes;

• Use the App for unlawful or unauthorized purposes;

• Circumvent license controls or user limits.

5.3 Ownership

All intellectual property rights in the App and related materials remain the exclusive property of TerraCapture (Pty) Ltd.

6. User Data and Intellectual Property

6.1 Ownership of Data

You retain full ownership of all project data, geological logs, images, coordinates, and related materials entered intothe App (“User Data”).

6.2 License to TerraCapture

You grant TerraCapture a limited, worldwide license to process and store User Data as necessary to:

• Enable App functionality (e.g., synchronization, analytics, cloud storage);

• Improve App performance using de-identified or aggregated data.

6.3 Data Privacy

Use of User Data is governed by our Privacy Policy.

We do not sell personal data or claim ownership of your geological data.

See Section 11 for data deletion details.

7. Payments and Subscriptions

• Individual users purchase the App or its features via Google Play Billing.

• Business users pay directly under a Business License Agreement.

You agree to:

• Pay applicable fees according to your subscription or invoice;

• Accept that payments are non-refundable except as required by law;

• Acknowledge that prices may change with 30 days’ notice.

Failure to pay may result in suspension or termination of access.

Business license payment terms are governed by the Business License Agreement.

8. Support and Updates

TerraCapture provides standard support via admin@terra-capture.com during business hours (9:00–17:00 SAST, Monday–Friday).

• Business users may access premium or dedicated support per their agreement.• We may issue automatic updates, bug fixes, or feature releases — some of which may be mandatory to continue using the App.

9. Warranties and Disclaimers

9.1 Limited Warranty

TerraCapture warrants that the App will perform substantially as described in its Google Play listing.

9.2 Disclaimer

Except as expressly stated, the App is provided “as is” and “as available.”

We make no warranties about:

• Uninterrupted or error-free performance;

• Accuracy of geological interpretations or calculations;

• Suitability for a specific purpose.

Users are responsible for verifying data accuracy and maintaining independent backups, especially when using offline features.

10. Limitation of Liability

To the fullest extent permitted by law:

• TerraCapture’s total liability shall not exceed the total fees paid by you in the 12 months preceding the claim;

• TerraCapture shall not be liable for indirect, incidental, special, or consequential damages (e.g., data loss, downtime, or lost profits).

These limitations do not apply where prohibited by South African law (e.g., the Consumer Protection Act).

11. Termination and Data Deletion

11.1 By User

You may terminate your use at any time by:

• Deleting your account via the App’s settings, or

• Requesting deletion via admin@terra-capture.com or the data deletion form on the website.

Requests are processed within 30 days after identity verification.

11.2 By TerraCapture

We may suspend or terminate access if you:

• Breach these Terms;

• Fail to pay fees; or

• Engage in fraudulent, illegal, or abusive conduct.

11.3 Data Deletion Policy

Upon account deletion:

• Sole User/Owner: If you are the sole user and owner of a project, deleting your account or project will result in the permanent

deletion of all associated User Data within 30 days, unless required to be retained by law.

• Multiple Contributors: If you are one of multiple contributors to a project, deleting your account will not affect the project’s User

Data, which remains accessible to other contributors.

• Project Owner: If you are the owner of a project with multiple contributors and choose to delete your account, you may designate a

new owner to preserve the project’s User Data. If no new owner is assigned, another existing contributor on that project will

automatically be granted ownership. You may opt in to remove your identity and contact information which will de-identify all data

you have submitted to projects with multiple contributors.• Business Users: For business accounts under a Business License Agreement, all User Data will be retained until the organization

terminates the agreement. Upon termination, we will delete or anonymize User Data within 30 days, unless required to retain it

by law, as detailed in our Privacy Policy.

In all cases, deleted data cannot be recovered once processed. Users are encouraged to back up data prior to requesting deletion.

12. Confidentiality

Any non-public information exchanged (e.g., License Codes, User Data) must be kept confidential and used only for this Agreement.

These obligations continue for 3 years after termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa.

Disputes will be resolved through:

1. Good-faith negotiation, encouraged via admin@terra-capture.com; and

2. If unresolved within 30 days, arbitration under the Arbitration Foundation of Southern Africa (AFSA) in Cape Town, conducted in

English before one arbitrator.

Each party bears its own costs unless otherwise ordered.

14. Amendments

We may update these Terms periodically. Updated versions will be published on the website or within the App with a revised effective date.

We will notify users of material changes at least 7 days before they take effect. Continued use constitutes acceptance.

15. Entire Agreement

These Terms, together with the Privacy Policy and any applicable Business License Agreement, constitute the entire agreement between you

and TerraCapture regarding use of the App.