Terms of Service

These Terms of Service (the "Terms") are an agreement between SIA Borebase, a company registered in the Republic of Latvia, Kurzemes prospekts 126-22, Riga, LV-1069 ("Borebase", "we", "us"), and the organisation that opens a Borebase account or subscribes to the Service (the "Customer", "you"). They govern the Borebase application, the borebase.io website and its subdomains, and any email or other communication between you and Borebase (together, the "Service").

If you register or accept these Terms on behalf of a company or another organisation, you confirm that you are authorised to bind it, and these Terms bind that organisation. Everyone the Customer invites into its account, including guests from other organisations, uses the Service under these Terms, and the Customer is responsible for their use of it.

The Service is offered to businesses, professionals and educational institutions for use in their professional, commercial or educational activity, and not to consumers. If mandatory consumer protection law nevertheless applies to you, nothing in these Terms limits the rights it gives you.

You accept these Terms by ticking the acceptance box when you register, by subscribing, or by using the Service. The End-User License Agreement, the Disclaimer and the Cancellation & Refund Policy form part of these Terms; where one of them conflicts with these Terms, these Terms prevail. A separate agreement signed in writing between your organisation and SIA Borebase prevails over these Terms where the two conflict. How we process personal data is described in the Privacy Policy, and how we use cookies in the Cookie Policy.

IMPORTANT: The Borebase Service is designed exclusively for use by qualified geotechnical professionals, including but not limited to licensed geotechnical engineers, engineering geologists, civil engineers, and other professionals with appropriate education, training, and experience in geotechnical engineering.

By using the Service, you represent and warrant that: You are a qualified professional with the necessary expertise to interpret and apply geotechnical data; You hold any required professional licenses or certifications in your jurisdiction; You understand the limitations of automated calculations and data analysis tools; You will apply professional judgment when using any outputs from the Service; You will not use the Service as a substitute for professional engineering services; If you are not a qualified professional, you will ensure all outputs are reviewed by one before any practical application.

The Service is NOT intended for use by the general public, homeowners, or individuals without geotechnical expertise. SIA Borebase assumes no responsibility for use of the Service by unqualified individuals.

Borebase is a tool for storing, processing, analysing and presenting geological and geotechnical data. Its calculations implement published methods and empirical correlations, such as those used to interpret CPT, SPT and dynamic probing data, and the Service documents the formulas it applies and the published sources they come from, in the application and in our methodology guides, so that every result can be traced and checked.

A result depends on the data entered or imported, on the method and parameters chosen, and on whether that method suits the ground it is applied to. Empirical correlations carry the uncertainty of the published method itself, and they do not replace laboratory testing, site-specific calibration or engineering judgement. The Service does not choose the methods for a project, does not check that a method suits a particular site, and does not check that a design, report or drawing meets a particular standard, design code or national requirement.

Borebase does not design foundations, structures or earthworks, does not perform engineering services, and does not sign, stamp, approve or certify any output. The professional who uses an output in a design, a report or a decision is its author and remains solely responsible for it.

You are responsible for:

• checking that the data you enter or import is complete and correct, including the columns, units, depths, coordinates and coordinate systems that an import recognises automatically;
• choosing methods, correlations and parameters that suit your project and its ground conditions;
• reviewing every result for plausibility before you rely on it, and not relying on a result that looks wrong;
• having every output verified by a suitably qualified engineer before it is used in a design, a construction decision or a deliverable to anyone else.

If you find a result you believe to be wrong, stop relying on it and report it to hello@borebase.io. We investigate every such report and correct the errors we confirm, and we describe corrections to calculations in our public changelog, so that you can judge whether earlier work is affected.

IMPORTANT: Borebase is a data management and analysis tool designed to assist geotechnical professionals. The Service does NOT provide professional engineering advice, and any results, calculations, analyses, interpretations, or outputs generated by the Service are provided for informational and reference purposes only.

To the fullest extent permitted by applicable law, SIA Borebase expressly disclaims any and all liability for any damages, losses, injuries, or claims arising from or related to: Any construction, engineering, or building projects that utilize data, results, or analyses from the Service; Structural failures, building collapses, foundation issues, or any other construction-related incidents; Property damage; Personal injury or death resulting from reliance on data or results from the Service; Financial losses arising from engineering decisions based on Service outputs.

All results must be independently verified by qualified, licensed geotechnical engineers before use in any project. You assume full responsibility for how you use, interpret, and apply any data or results from the Service.

The Service is provided to the Customer alone. Your clients, the owners and users of the sites and buildings you work on, your contractors and any other third party acquire no rights under these Terms and may not rely on them. Toward them, you alone are responsible for your work, including every report, design, drawing and data set you produce with the Service.

You will not present an output of the Service to anyone as checked, approved or certified by Borebase, and you will not name Borebase as a designer, consultant or responsible party in a project.

You will indemnify SIA Borebase and hold it harmless against any claim made against it by a third party, including your client, a property owner or an insurer, that arises from your projects, your deliverables or your use of the Service and its outputs, together with the reasonable cost of defending it, except to the extent the claim is caused by our intentional misconduct or gross negligence. We will tell you promptly of any such claim and let you take part in its defence.

No Guarantee of Availability: While we strive to maintain high availability, SIA Borebase does not guarantee that the Service will be available at all times. The Service may be subject to: Scheduled maintenance and updates; Unscheduled downtime due to technical issues; Service interruptions beyond our control; Temporary or permanent discontinuation of certain features.

Data Preservation: While we use industry-standard security measures, SIA Borebase cannot guarantee against data loss. You acknowledge and agree that: You are responsible for maintaining your own backups of critical data; SIA Borebase is not liable for any data loss, corruption, or unauthorized access, except to the extent caused by our breach of the security obligations in these Terms or in the Privacy Policy, and then only within the limits of the Limitation of Liability section; Data may be permanently deleted upon account termination; We recommend exporting important project data regularly.

Your organisation keeps all rights in the data, files and other content it puts into the Service. You grant SIA Borebase the right to host, copy, process and display that content only as far as needed to provide and support the Service, keep it secure and working, and meet our legal obligations. We do not sell it.

The software, its documentation, and the Borebase name and logo belong to SIA Borebase or its licensors. These Terms give you no rights in them beyond the licence in the End-User License Agreement. If you send us suggestions or feedback, we may use them without any obligation to you.

When your organisation records personal data in a project, such as the names of drillers, operators or site contacts, your organisation is the controller of that data and SIA Borebase processes it on your behalf as processor. This section is the contract that Article 28(3) of the General Data Protection Regulation (EU) 2016/679 requires between us. Its subject matter is the hosting and processing of project content; it lasts as long as your account; its nature and purpose are storing, displaying, analysing and exporting that content as the Service does; the personal data are the names, contact details and roles recorded in project content; and the data subjects are the people your organisation records there. SIA Borebase:

• processes that data only on your documented instructions, which are these Terms and your use of the Service, unless Union or Member State law requires otherwise, in which case we tell you first unless that law forbids it;
• ensures that everyone at Borebase who can access it is bound by confidentiality;
• takes the security measures that Article 32 requires, described in section 5 of the Privacy Policy;
• may engage the sub-processors listed in section 4 of the Privacy Policy, which you authorise; we announce any addition or replacement there in advance, you may object to it, and if we cannot meet the objection you may cancel the affected subscription; we remain responsible to you for each sub-processor;
• assists you, through appropriate measures and as far as possible, in answering requests from data subjects and in meeting your obligations under Articles 32 to 36, taking into account the nature of the processing and the information available to us;
• notifies you without undue delay after becoming aware of a personal data breach affecting your project content;
• deletes your project content when your account ends, after the period in which you can still export it, unless the law requires us to keep it;
• makes available the information needed to demonstrate compliance with this section, and allows for and contributes to audits, including inspections, by you or an auditor you mandate, on reasonable notice.

Each Borebase user seat is licensed for use by a single individual only. Sharing login credentials or allowing multiple people to access the Service through a single account is strictly prohibited.

Violation Consequences: If SIA Borebase determines that a single seat is being used by multiple users, we reserve the right to immediately suspend or terminate the account and charge additional fees. Minimum charge for seat sharing violations shall be equivalent to six (6) months of the standard commercial license fee per additional unauthorized user.

Borebase offers a special Academic License for students and educational institutions to support geotechnical education and student projects.

Eligibility: The Academic License is available to students registering with a valid @edu.lu.lv email address (automatic approval), students from other educational institutions (on request, subject to verification), and educational institutions for classroom and research use (on request).

License Terms: Duration: 6 months (one academic semester), renewable upon request. Team Size: Up to 5 seats per academic organization. Project Limit: Maximum of 2 active projects. Branding: All exports will include the Borebase logo watermark. Usage: For educational and non-commercial purposes only.

Upgrade to Company License: Academic License holders may upgrade to a full Company License by contacting hello@borebase.io. Special transition pricing may be available for companies not previously registered with Borebase. Transition terms are evaluated on a case-by-case basis.

Restrictions: Academic License users agree to the following restrictions: The license may not be used for commercial projects or paid consulting work; Exports with Borebase branding may not be used in commercial deliverables; The license is non-transferable and tied to the registered educational email; Borebase reserves the right to revoke the license if terms are violated.

Violation Liability: IMPORTANT: If an Academic License holder uses the Service for commercial projects, paid consulting work, or any other commercial purpose in violation of these terms, the user agrees to compensate SIA Borebase for losses incurred. The minimum compensation shall be equivalent to six (6) months of the standard commercial license fee for one seat, at the list price in force when the violation is discovered, for each violation discovered. SIA Borebase reserves the right to seek additional damages where actual losses exceed this amount.

To apply for an Academic License or request an upgrade, please contact us at hello@borebase.io.

You may stop using the Service and cancel your subscription at any time, as the Cancellation & Refund Policy describes. We may suspend or end your access if you materially breach these Terms, do not pay, or use the Service in a way that puts it, other customers or third parties at risk. Where the breach can be remedied and the risk is not immediate, we will normally warn you first and give you a reasonable time to put it right.

The sections on professional use, methods and your responsibility, the geotechnical engineering disclaimer, third parties, limitation of liability and governing law, and any payment obligations, continue to apply after these Terms end.

We provide the Service with reasonable care and implement its methods as they are documented. Beyond that, and to the fullest extent permitted by applicable law, the Service and its outputs are provided "as is" and "as available", without any other warranty, express or implied, including any warranty that they are free of errors, complete, uninterrupted, fit for a particular purpose or project, or compliant with a particular standard or design code.

To the fullest extent permitted by applicable law, SIA Borebase is not liable, whether in contract, tort (including negligence) or under any other legal theory, for indirect or consequential loss; loss of profit, revenue, contracts, business or goodwill; loss or corruption of data; project delays; or loss arising from a claim made against you by a third party.

To the fullest extent permitted by applicable law, the total cumulative liability of SIA Borebase arising out of or related to these Terms or the use of the Service, under any legal theory, shall not exceed the total amount of fees actually paid by you to SIA Borebase during the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees to SIA Borebase, the maximum liability of SIA Borebase shall be limited to fifty euros (€50).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for intentional misconduct or gross negligence. Where an exclusion or limitation in these Terms, the End-User License Agreement or the Disclaimer cannot be enforced to its full extent, it applies to the greatest extent the law allows.

The fees for the Service reflect this allocation of risk. Responsibility for engineering work rests with the professional who performs it and should be covered by that professional's own professional liability insurance; it does not pass to Borebase because a software tool was used.

We develop the Service continuously and may change, add or remove features.

We may change these Terms and our prices. We will tell you of a material change to these Terms, and of a change in the price of your subscription, by email or in the application at least 30 days before it takes effect; a price change applies from your next billing period. If you do not agree, you may cancel before the change takes effect; if you go on using the Service after that, the changed Terms apply. The date at the top of this page shows when they last changed.

These Terms, and any dispute or claim arising out of or in connection with them or with the Service, including non-contractual disputes and claims, are governed by the law of the Republic of Latvia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before going to court, each of us will try in good faith to settle a dispute by negotiation for at least 30 days after the other has been notified of it in writing. If that fails, the courts of the Republic of Latvia, in Riga, have exclusive jurisdiction, although either of us may seek urgent interim measures from any competent court. Where mandatory law gives a consumer the right to sue in the courts of the place where they live, that right is not affected.

Force majeure: neither of us is liable for a failure or delay caused by events beyond our reasonable control, such as a failure of hosting providers, networks or the power supply, a natural disaster, war, an epidemic or an act of government. This does not suspend an obligation to pay.

Severability: if a provision of these Terms is held invalid or unenforceable, the rest remain in force, and that provision is replaced by a valid one that comes as close as possible to its purpose.

Language: these Terms are published in several languages. The English version is binding; the translations are provided for convenience, and where they differ, the English version prevails.

Assignment: you may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to a successor of our business, and will tell you if we do.

Entire agreement: these Terms, the documents they incorporate and any separate written agreement mentioned above are the whole agreement between us about the Service. Not enforcing a provision does not waive it.

Notices: we send notices to the email addresses of your organisation's administrators on the account, and you send them to hello@borebase.io.

Via Email: hello@borebase.io