Last Updated July 2024
1. Use of Visible Geology
1.1 These Terms apply to your use of the web-based application, Visible Geology, provided by Seequent and available at www.visiblegeology.com.
1.2 By using Visible Geology, you agree to these Visible Geology User Terms (Terms) and the User Terms available at https://www.seequent.com/legal-privacy/online-services-user-terms/, which are incorporated by reference into these Terms. If you do not agree to these Terms, please do not use Visible Geology.
1.3 Visible Geology is provided free of charge, for your personal, non-commercial use.
1.4 Where you utilise Visible Geology in any publication, you agree to use the following citation “This model was created using Visible Geology, an initiative by Seequent, the Bentley Subsurface Company. Copyright © <insert date> Bentley Systems, Incorporated” or such other citation as requested by us.
1.5 We may suspend your use of Visible Geology if we consider you to be in breach of these Terms, or if we otherwise consider it necessary to protect our interests.
2. Generated Content
2.1 You may use the functionality of Visible Geology to create geological models and related materials (Generated Content). By using Visible Geology, you agree the Generated Content, is the exclusive property of Seequent and all intellectual property rights in the Generated Content immediately vest in Seequent.
2.2 Seequent grants you a limited, non-exclusive, non-transferable, revocable licence to access, use and display the Generated Content you generate on or through the application for personal, non-commercial purposes, in accordance with these Terms.
2.3 The functionality of Visible Geology may enable you to generate links to share access to the Generated Content. You agree that by generating or sharing any such link, you remain responsible for the use of and access to the Generated Content by any person to whom you have provided the link. Seequent has no liability to you arising from the generating or sharing of any link to any Generated Content.
2.4 To save and access the Generated Content, you must have a Seequent ID. Seequent may remove or delete Generated Content at any time, including if we consider your account to be inactive or that you have breached these Terms.
3. Usage Data
3.1 You hereby agree and acknowledge that Seequent will, from time to time, collect metrics data relating to your use of Visible Geology, including information on how you interact with the application (Usage Data).You agree that all Usage Data shall be owned by Seequent and deemed Seequent proprietary information. You hereby agree not to alter or interfere with the collection by Seequent of accurate Usage Data.
4. Limitation of Liability
4.1 Visible Geology is provided on an “as is” and “as available” basis. Seequent disclaims all express or implied conditions, representations and warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent that such disclaimers are held to be legally invalid. Seequent makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy, or completeness of any of any results derived from the use of Visible Geology, or any Generated Content.
4.2 Seequent is under no obligation to provide support for the use of Visible Geology. We do not warrant that the use of Visible Geology will be uninterrupted or error free or that any defects will be corrected within a certain period of time.
4.3 To the extent that exclusion of damages is specifically prohibited by law, you agree that Seequent’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with Visible Geology shall be limited to USD50.00.
5. General
5.1 Capitalised terms not otherwise defined in these Terms have the meaning set out in the User Terms.
5.2 Seequent may update these Terms at any time. Once published, any new terms will become effective and binding. By continuing to use Visible Geology you will be deemed to have accepted any updated Terms.