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TERRA CAPTURE

Terms & Conditions

TERMS AND CONDITIONS OF USE 

Last updated: January 2026

 

  1. Introduction and Legal Terms

By accessing or using our website https://www.terra-capture.com (“the Platform”), or our application TerraCapture (“App”) or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform and App always remain expressly reserved by TerraCapture. 

These Terms explain the conditions applicable to how you use the App and our Services. Please read these Terms carefully. We will assume you have read and understood these Terms if you continue to access or make use of our App. These Terms apply in addition to, and do not override, the License Agreement entered into by your organisation with us.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to any authorised users who access or use the Services under a corporate license. Accordingly, the terms “us”, “our” or “we” refers to TerraCapture or our possession.

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2. Our Services 

What Our Platform Offers: TerraCapture is a comprehensive geological data collection and management platform designed specifically for mineral exploration projects. The App offers tools that enable users to efficiently map exploration sites, record and manage sampling and drilling data, and utilise customisable forms tailored to specific project requirements. TerraCapture supports offline logging, allowing field teams to capture critical geological information even in remote locations without internet connectivity. The App also features robust team collaboration capabilities, enabling seamless sharing and synchronisation of data among project members. With its integrated suite of mapping, data capture, and management tools, TerraCapture streamlines the entire mineral exploration workflow from fieldwork to reporting (“Services”). 

License for Use: Subject to your compliance with these Terms, TerraCapture grants you a personal, revocable, non-exclusive, non-transferable, and non-assignable license to access and use the TerraCapture software and related Services solely for your internal business purposes. This license does not grant you any rights to the underlying software code, intellectual property, or any rights not expressly set out in these Terms. All rights not expressly granted to you are reserved by TerraCapture and its licensors. You may not sublicense, distribute, modify, reverse engineer, or otherwise exploit the software except as expressly permitted by these Terms or with TerraCapture’ prior written consent.

Support Services: TerraCapture will provide reasonable support services to assist you with any bugs, errors, or issues experienced in connection with the use of the App. Support requests may be submitted via the designated support channels as specified on the App. TerraCapture will use commercially reasonable efforts to investigate and resolve reported issues in a timely manner. Support services do not include assistance with issues arising from unauthorised modifications, third-party software, or use of the App in a manner not in accordance with these Terms.

Modification to the Services: We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental in nature. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities. 

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3. Registering with TerraCapture

Creating an Account: To use the Services, you must register and open an account through the App. To complete the account registration, we will require certain information which may include company information, contact information and an adequate password. By providing us with your personal information, you consent to us processing your personal data. 

Accurate Information: When signing up to our Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect the privacy and security of your account, we take reasonable steps to verify your access by requiring your password together with your email address. Please update recorded personal data yourself through your account or contact us to view or change your personal data.

Warranty: By sharing personal data with us, you warrant that the persons using the Services have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information provided, and all the actions taken on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and processes personal data.

Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure to avoid possible liability on your account. 

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4. Responsibilities and Warranties

Platform Responsibilities: by using the App and Services, you warrant that - 

  • you have read and agreed to these Terms and will use the App and Services in accordance with them;

  • you have not made any misrepresentations and the information provided in the registration process about you is true, accurate and complete in every aspect;

  • you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms; 

  • you lawfully possess and submit all information to TerraCapture for the use of the App and the Services and hereby indemnify TerraCapture against any third-party claims that may arise due to the processing of the information shared by you with TerraCapture;

  • you will not post, upload, replicate or transmit any abusive content on the App or through the Services that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the App or the Services;

  • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the App or the Services including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the App or the Services or the underlying software code;

  • you will not infringe the intellectual property or other rights of any third party or TerraCapture or transmit content that you do not own or do not have the right to publish or distribute;

  • you will not use the App or the Services for any commercial purpose other than as expressly provided for by TerraCapture herein;

  • you will not use the App or the Services to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

  • you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing us to enforce all of our rights in the case of breach, including but not limited to denying you access to the App or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you. 

Connected Devices: The App or the Services is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the App and the Services. We do not guarantee that the App or the Services, or any portion thereof, will function on any particular hardware or device.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the App and/or the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

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5. Confidentiality

You acknowledge that the processes, functionality, and services of the App constitute our valuable proprietary and confidential information. You agree to maintain the confidentiality of all such information and not to disclose, reproduce, or use any part of our processes, App functionality, or Services for any purpose other than as expressly permitted under these Terms. This obligation of confidentiality will survive the termination of your use of the App and Services. You further agree to take all reasonable steps to protect our confidential information from unauthorised or competitive access or disclosure. 

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6. Data Processing

We will store and process all data you share with us when signing up to our Services and through your TerraCapture account, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy. 

You hereby grant us, the right to use and process your data, as an operator (as defined under POPIA) for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you as our client.

Please see our Privacy Policy for more information on how we process personal data. 

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7. Messages and Hyperlinks

Data Messages between You and TerraCapture

We will consider your data messages, including emails and support queries, as received only when we acknowledge or respond to them.

Our data messages to you are deemed received when they reach your email or internal messaging inbox and can be accessed by you.

We may decline to respond to any message containing obscene, threatening, defamatory, illegal, or inappropriate content and may take appropriate action against the sender if necessary.

Messages sent over the internet may be intercepted, lost, or corrupted, and we are not responsible for their accuracy or security.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.  

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8. Intellectual Property

Platform IP: All content, materials, data, software, designs, trademarks, and underlying code on the Platform (“intellectual property”) are owned or licensed by TerraCapture or its affiliates and are protected by applicable laws. 

User submitted IP: You retain all rights to intellectual property you provide, but grant us a revocable, non-exclusive, non-transferable, fully paid license to use it as needed to deliver our Services. 

Feedback: Any feedback you provide becomes our exclusive property, and you assign all rights to us. Do not submit feedback subject to third-party rights or restrictions, and notify us if any arise.

No Modification of IP: Except as expressly allowed in these Terms, all intellectual property rights are reserved. You may not use, copy, modify, or distribute any intellectual property or code without our prior written consent. Breach may result in legal action.

Updates: We may update, improve, suspend, or terminate any intellectual property, content, or the App at any time without notice, but completed transactions will not be affected. 

Third Party IP: Use of third-party intellectual property is subject to their terms, which you must follow. TerraCapture is not responsible for third-party components and makes no warranties about them. The Services are not “open source” or “publicly available” software except for included third-party IP.

User License: TerraCapture grants you a personal, revocable, non-exclusive, non-transferable license to use the App and its intellectual property content. No other rights are granted without our written permission. 

Testimonials and Reviews: Unless otherwise agreed, you grant TerraCapture the perpetual right to use and display your testimonials, reviews, or service outcomes for promotional purposes. Please inform us if any information is confidential or sensitive.

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9. Indemnities and Disclaimers

The App and Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the App or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that the App or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the App and Services is at your sole risk.

No advice or information, whether oral or written, obtained by you from TerraCapture or through or from the App or Services shall create any warranty not expressly stated in these Terms. You are solely responsible for ensuring that your use of the App and Services complies with all applicable laws and regulations.

We take reasonable security measures to ensure the safety and integrity of the App and the Services and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the App or the Services will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the App or the Services will be free of bugs, viruses, worms, trojan horses or other harmful components. 

To the maximum extent permitted by applicable law, TerraCapture, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the App or Services; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the App; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party.

You expressly acknowledge and agree that TerraCapture is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

You agree to indemnify, defend, and hold harmless TerraCapture, its shareholders, directors, employees, and partners from any demand, action, claim, liability, loss, or expense (including reasonable legal and tracing fees), whether direct or indirect and whether made by a third party or otherwise, arising out of or in connection with your use of the App or Services, any transactions concluded thereby, or your breach of these Terms, except to the extent such losses arise from the gross negligence or wilful misconduct of TerraCapture or its representatives.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A CLIENT TO TERRACAPTURE FOR ITS SERVICES DURING THE PRECEDING TWELVE MONTHS.

This clause will survive termination of these Terms. 

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10. Dispute Resolution 

Negotiation: Should any dispute, disagreement or claim arise between us concerning the use of the App, Platform, or the Services, we will endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation: Should we fail to resolve the dispute by negotiation or within an agreed period, we will approach an independent industry expert who will mediate the discussions between us to find a mutually beneficial solution.

Arbitration: If the dispute is still not resolved after mediation, we will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by TerraCapture. 

Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No publication: We both agree that in no circumstance will either of us publicise the dispute on any social media or other public platforms with the understanding that any publicity of this nature can cause serious damages, which may result in a financial claim against the infringing party.

  1. Termination of Use 

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR APP OR SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

You may delete your account either by using the account deletion option available in the App’s settings, or by submitting a deletion request to admin@terra-capture.com or through the data deletion form on our Platform. All deletion requests will be processed within 30 days after your identity has been verified. Account deletion will not affect any rights or obligations accrued prior to the effective date of deletion.

  1. Notices and Service Address

Each party designates the following address for all notices and communications under these Terms:

  • For TerraCapture: admin@terra-capture.com;

  • For the client: the email, cellphone number, or address provided during onboarding. 

Either party may update its service address by written notice, effective 14 days after the other party receives the notice.

Any written notice in English that is actually received will be considered properly given, even if not sent as specified above.

  1. Company Information

  • Site owner: TerraCapture (Pty) Ltd

  • Legal status: Private Company

  • Registration number: 2025/526016/07

  • Description of business: Software as a Service

  • Platform address: https://www.terra-capture.com 

  • Email address: admin@terra-capture.com

  • Registered address: Dock Road Junction, Cape Town, 8001, South Africa

  • Postal address: As above. 

  1. General 

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.  

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

Change Without Notice: The Platform, App, and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform or App constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.

No Indulgence: No indulgence, leniency or extension of time granted by TerraCapture shall constitute a waiver of any of TerraCapture’ rights under these Terms and, accordingly, TerraCapture shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  

Governing Law: Your access and/or use of the Platform, App, or Services, any downloaded material from it and the operation of these Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions above. 

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