QClaims Mining Claims Processing Terms of Service
IMPORTANT NOTICE:
By accessing or using QClaims, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use this software.
QClaims is a software tool only. It is not legal advice, surveying services, or professional consulting. You are solely responsible for all claim filings and activities.
1. Definitions
"Service" means the QClaims software application, including all features, tools, and functionality provided by Aqua Terra Geoscientists LLC.
"User," "you," or "your" means the individual or entity accessing or using the Service.
"We," "us," or "our" means Aqua Terra Geoscientists LLC, an Idaho limited liability company.
"Content" means all data, information, coordinates, descriptions, and materials input into or generated by the Service.
"Subscription" means paid access to the Service for a specified term.
2. Acceptance of Terms
By creating an account, accessing, or using QClaims, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.
3. Service Description and Scope
QClaims is a software tool that assists with mining claim staking calculations and documentation preparation. The Service:
- Provides calculation assistance for claim boundaries and coordinates
- Generates documentation templates and forms
- Offers convenience features for organizing claim data
- Does NOT provide legal advice, surveying services, or professional consulting
- Does NOT file claims on your behalf with any government agency
- Does NOT guarantee accuracy, completeness, or fitness for any particular purpose
QClaims is not a substitute for licensed land surveyors, licensed attorneys, professional landmen, government agency consultation, or on-site field verification.
4. User Eligibility and Account Requirements
You must be at least 18 years old and legally capable of entering into binding contracts to use this Service. You represent that all information provided during registration is accurate and complete.
You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access.
5. User Responsibilities and Obligations
You are solely responsible for verifying all information before filing any mining claims or taking any action based on QClaims output. This includes but is not limited to:
- Corner coordinates and boundary descriptions
- PLSS (Public Land Survey System) descriptions and legal descriptions
- Monument specifications and locations
- Filing deadlines and fee calculations
- Regulatory compliance with federal, state, and local laws
- Confirmation that land is open for mineral entry
- Avoiding conflicts with existing claims or restricted areas
You must independently verify all calculated coordinates through licensed surveying services when required, all legal descriptions against official government records, current regulations and requirements with appropriate government agencies, and land status and availability through BLM or state authorities.
6. No Warranty of Accuracy
All information, data, coordinates, calculations, and outputs provided by QClaims are provided "as-is" without warranty of any kind, express or implied.
We make no warranty regarding accuracy of coordinates or calculations, completeness of PLSS descriptions, correctness of legal descriptions, accuracy of filing deadline calculations, reliability of fee calculations, compatibility with current regulations, or fitness for any particular purpose.
You acknowledge that coordinates may contain errors, regulations change frequently, software may contain bugs or defects, and data may become outdated.
7. Assumption of Risk
You acknowledge and assume all risk associated with:
- Filing mining claims based on QClaims output
- Relying on QClaims calculations or data
- Potential rejection of claim filings by government agencies
- Lost claims due to filing errors or inaccuracies
- Incorrect boundaries or land conflicts
- Missed deadlines or improper fee calculations
- Invalid locations or unavailable land
- Legal disputes arising from claim boundaries or descriptions
- Financial losses from rejected or invalid claims
QClaims is a convenience tool only and does not replace your own due diligence and research, professional verification and services, legal consultation when needed, or field verification and surveying.
8. Limitation of Liability
To the maximum extent permitted by law, Aqua Terra Geoscientists LLC's total aggregate liability to you for any and all claims arising from or relating to your use of QClaims shall not exceed the total amount of fees you paid for the Service in the 12 months preceding the claim, or $100 USD, whichever is less.
In no event shall we be liable for: rejected or invalid claim filings, lost mining claims or claim rights, incorrect boundaries or legal descriptions, missed deadlines or late filings, loss of mineral rights or exploration opportunities, legal disputes or litigation costs, lost profits, revenues, or business opportunities, indirect, incidental, special, consequential, or punitive damages, any damages arising from your reliance on QClaims output, or any damages exceeding the liability cap above.
9. Indemnification
You agree to indemnify, defend, and hold harmless Aqua Terra Geoscientists LLC, its officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use or misuse of QClaims
- Your violation of these Terms
- Your violation of any laws or regulations
- Your mining claim filings or activities
- Any claims by third parties related to your use of the Service
- Disputes over claim boundaries or rights arising from your use of QClaims
- Government agency actions related to your claim filings
10. Intellectual Property
QClaims, including all software, algorithms, code, design, interface, trademarks, and documentation, is and remains the exclusive property of Aqua Terra Geoscientists LLC. These Terms do not grant you any ownership rights in the Service.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use QClaims solely for your personal or internal business purposes related to mining claim activities.
You may not copy, modify, create derivative works, reverse engineer, decompile, disassemble, remove proprietary notices, use the Service to create a competing product, or sell, rent, lease, or sublicense access to the Service.
11. Custom Software Development
11.1 Intellectual Property Ownership
All custom software, modules, features, and functionality developed by Aqua Terra Geoscientists LLC ("AQUA TERRA") -- whether developed independently or in response to a client request -- remains the sole intellectual property of Aqua Terra Geoscientists LLC. This includes, but is not limited to, source code, compiled code, algorithms, database schemas, user interface designs, documentation, and any derivative works.
11.2 Client License Grant
Upon payment of applicable development fees, the client is granted a non-exclusive, non-transferable license to use the custom-developed software for the client's internal business purposes. This license remains in effect for as long as the client maintains an active service agreement with AQUA TERRA (e.g., a current QClaims subscription or support contract). Termination or lapse of the service agreement results in termination of the license to use any custom-developed software.
11.3 Right to License to Others
AQUA TERRA retains the unrestricted right to license, sublicense, distribute, or otherwise make available any custom-developed software or functionality to other clients or third parties, at its sole discretion. The client acknowledges that custom development performed on their behalf does not confer exclusivity of use.
11.4 No Work-for-Hire
Custom development services are not considered "work for hire" under U.S. copyright law. The client does not acquire ownership of any intellectual property through payment of development fees. Development fees compensate AQUA TERRA for the time, effort, and expertise required to design, build, test, and deploy the requested functionality.
11.5 Modifications and Enhancements
AQUA TERRA may, at its discretion, modify, enhance, or discontinue custom-developed features as part of the normal evolution of the QClaims platform. AQUA TERRA will make reasonable efforts to maintain backward compatibility, but does not guarantee that custom features will remain unchanged indefinitely.
11.6 Confidentiality
AQUA TERRA will not disclose to third parties the specific business requirements or use cases provided by the client in connection with custom development, unless required by law. General software functionality developed in response to a client request may be offered to other clients without disclosing the originating client's identity or specific requirements.
12. Payment and Subscription Terms
Subscriptions are billed in advance on a recurring basis. You authorize us to charge your payment method on each billing cycle. Fees are non-refundable except as expressly stated in these Terms.
No refunds are provided except if we terminate your account without cause, as required by applicable law, or at our sole discretion in extraordinary circumstances.
13. Service Availability
We do not guarantee that QClaims will be available at all times or without interruption. We are not liable for any damages or losses resulting from Service unavailability, interruptions, or performance issues. We may update, modify, or discontinue features or functionality at any time without notice.
14. Termination
You may terminate your account at any time by cancelling through your account settings or contacting us. We may suspend or terminate your access immediately and without notice if you violate these Terms, engage in fraudulent or illegal activity, or if required by law.
Upon termination, your license to use QClaims immediately ends, you must cease all use of the Service, and we may delete your account and data. You remain liable for all fees incurred before termination.
15. Dispute Resolution
These Terms are governed by the laws of the State of Idaho, without regard to conflict of law provisions.
Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Ada County, Idaho, or remotely at the arbitrator's discretion.
You and we each waive the right to a jury trial.
You agree that disputes must be brought individually and not as part of any class, consolidated, or representative action.
16. Professional Services Disclaimer
QClaims does not provide:
- Legal advice or legal services
- Licensed surveying services
- Professional geological or engineering services
- Consulting or advisory services
For professional services, you must consult:
- Legal questions: A licensed attorney
- Survey requirements: A licensed land surveyor
- Complex claim situations: A professional landman or claim staking consultant
- Regulatory compliance: Appropriate government agencies (BLM, USFS, state agencies)
Use of QClaims does not create any professional relationship.
17. Contact Information
For questions about these Terms or the Service, contact us at:
Aqua Terra Geoscientists LLC
Email: [email protected]
Website: https://geodb.io
18. License Restrictions for Business Users and Contractors
If you are an exploration company, claim staking contractor, consulting firm, or any entity using QClaims in connection with providing services to third parties ("Business User"), the following additional restrictions apply:
18.1 Permitted Use
You may use QClaims ONLY to generate claim documents for:
- Your direct clients — where you or your client will stake the claims
- Your own internal projects — where you are the claim owner or operator
- Direct service delivery — where you are providing end-to-end claim staking services to the end customer
18.2 Prohibited Activities
You may NOT:
- a) Undercut GeoDB.io document sales — Generate documents as a standalone service for any party who is a GeoDB.io customer or user
- b) Generate documents for other claim staking contractors, consultants, or service providers who will then provide those documents to their customers
- c) Act as a document generation intermediary or reseller
- d) Solicit, contact, or provide services to any client, claim group, or entity that Aqua Terra Geoscientists LLC has worked with or provided services to within the prior 24 months
- e) Use QClaims to compete with Aqua Terra Geoscientists LLC's document generation or claim staking services
- f) Offer claim document generation services to the general public or to entities you do not have a direct service relationship with
18.3 Direct Customer Relationship Requirement
You represent and warrant that you have a direct, established business relationship with any party for whom you generate claim documents using QClaims, and that you or the end customer will be responsible for physically staking and filing the claims.
18.4 Non-Compete Acknowledgment
You acknowledge that QClaims is a proprietary tool developed by Aqua Terra Geoscientists LLC for use in its own business and licensed to you for limited purposes only. You agree not to use QClaims in any manner that competes with or undermines Aqua Terra Geoscientists LLC's business interests.
18.5 Breach and Termination
Violation of this Section 18 constitutes a material breach of these Terms and will result in immediate termination of your license and access to QClaims, with no refund of fees paid.
19. Changes to These Terms
19.1 Right to Modify. We may update, modify, or replace these Terms at any time at our sole discretion. Changes may include, but are not limited to, modifications to pricing, service scope, liability limitations, and dispute resolution procedures.
19.2 Notice of Changes. For material changes to these Terms, we will provide notice by one or more of the following methods:
- Email notification to the address associated with your account
- Prominent notice within the QClaims service interface
- Posting the updated Terms on the geoDB website
We will make reasonable efforts to provide at least 30 days' notice before material changes take effect.
19.3 Acceptance of Changes. Your continued use of QClaims after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using QClaims. Continued use of the service after the notice period constitutes binding acceptance.
19.4 Non-Material Changes. Non-material changes (such as corrections of typographical errors, formatting updates, or clarifications that do not alter the substance of the Terms) may be made at any time without prior notice.
19.5 Version History. The effective date and version number of these Terms are displayed at the top of this document. Previous versions may be requested by contacting us.
Acknowledgment
By clicking "I Accept" or by accessing or using QClaims, you acknowledge that:
- You have read and understood these Terms in their entirety
- You agree to be bound by these Terms
- You understand QClaims is a software tool only and not professional services
- You are solely responsible for verifying all information before filing claims
- You assume all risk associated with using QClaims
- You understand we provide no warranty of accuracy
- You agree to our limitation of liability and indemnification provisions
- You agree to resolve disputes through arbitration in Idaho
- You waive your right to a jury trial and class actions
- If you are a Business User, you agree to the additional restrictions in Section 18
If you do not agree to these terms, do not use QClaims.
15A. AI-Generated Documents — Accuracy and Assumption of Risk
Location notices, corner certificates, and other documents generated by the Service are produced by automated, AI-assisted processing of the coordinates, layouts, and descriptions you (or your tools) provide. Legal land descriptions, monument descriptions, and derived values are computed from reference data (including government PLSS records) that can be incomplete or in error, and each step of interpretation, georeferencing, and computation can introduce additional error. Generated documents are drafts for your review — they are not measurements of the ground and are not a guarantee of any claim's position, existence, or validity. geoDB is not a licensed land surveyor, title company, or law firm, and provides no surveying, title, or legal services.
15B. No Reliance; Limitation of Liability
Before staking, amending, filing, recording, purchasing, selling, abandoning, or making any other decision affecting a mining claim or land position, you must verify independently — by examination on the ground and by qualified professionals. ALL PROCESSING RESULTS, QUALITY-CHECK FINDINGS, AND GENERATED DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEODB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE — INCLUDING INVALID OR LOST CLAIMS, FILING AND STAKING COSTS, LOST PROFITS, OR DISPUTES WITH THIRD PARTIES — ARISING FROM ANY INACCURACY IN A GENERATED DOCUMENT OR FINDING, FROM ANY CLAIM LOCATED OR FILED IN RELIANCE ON THEM, OR FROM ANY DECISION MADE BECAUSE OF THEM, WHETHER BY YOU OR BY ANY OTHER PERSON. GEODB'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID GEODB FOR THE SPECIFIC SERVICE GIVING RISE TO IT (WHICH IS ZERO FOR DOCUMENTS GENERATED UNDER A FREE ALLOWANCE).
15C. Public Display of Documented Claims
Boundaries of claims documented through the Service may be displayed on geoDB's public claims layer. A claim you document stays private to you until the claim appears in the BLM's public records that geoDB syncs; it is then displayed automatically alongside the government footprint records — geoDB never shows your boundary before the federal record does. Display includes the claim name, derived geometry, and — where recorded — serial number and recording reference. geoDB never publishes claimant mailing addresses.