Terms of Service

1) Acceptance of Terms

By using the Services, you represent that you’ve read, understood, and agree to be bound by these Terms. If you do not agree, discontinue use immediately.

2) Services Description

GIS4AG provides web-based tools (“Tools”) intended for informational and educational use, including:

• LiDAR-based mapping and visualization
• Flow-route and terrain analysis
• Drainage and field-design utilities
• Tutorials and guides
• Geo-Surface™ — surface and tile drainage design software, including LiDAR-based topographic visualization, flow-route analysis, cut/fill estimation, and drainage layout tools
• Drain-IQ™ — a done-for-you whole-farm elevation and drainage mapping service with a custom portal to view map layers, terrain analysis, and drainage insights
• Rain Odds™ — precipitation probability and weather analytics tools for agricultural planning
• TerraZoner™ — satellite-derived productivity zone mapping (multi-year NDVI composites), terrain-refined zone classification using LiDAR elevation data, dual-layer productivity-by-wetness matrix classification, and pure terrain-based zone creation from topographic position index and wetness potential analysis
• Variable-rate prescription generation and zone-based soil sampling design derived from any of the above zone approaches
• Any other tools, features, or services offered through the Site or related domains now or in the future

“Free Services” means any access to the Services for which you did not pay a fee to us (including trials, demos, beta, or free tiers).

“Paid Services” means access for which you paid us a fee directly or via a Reseller (merchant of record).

No Professional Advice. The Tools and outputs are not a substitute for professional engineering, surveying, agronomy, environmental consulting, or legal/regulatory approvals.

3) Ownership & Branding

The Services are owned and operated by 17449275 Canada Inc. “GIS4AG™,” “Geo-Surface™,” “Drain-IQ™,” “Rain Odds™,” and “TerraZoner™” are trademarks of 17449275 Canada Inc. and are not separate legal entities or corporations.

Intellectual Property. All rights, title, and interest in and to the Services—including all software, algorithms, processing methods, user interfaces, designs, documentation, and underlying technology—are and remain the exclusive property of 17449275 Canada Inc. Nothing in these Terms grants you any ownership interest in the Services. Your right to use the Services is limited to the licence granted under your subscription or access tier. While you retain ownership of outputs you generate (e.g., zone maps, prescriptions, exports), the Tools and methods used to create them remain ours.

4) Data Sources, Licensing & Attribution

Primary Sources. Elevation, satellite, and remote-sensing datasets used or visualized by the Services are obtained from federal and public providers, including:

• USGS 3DEP (United States): public-domain data (no copyright).
• NRCan HRDEM (Canada): provided under the Open Government Licence—Canada, permitting use/modification with attribution.
• Copernicus: Contains modified Copernicus Sentinel data from 2015 to current year.

Satellite Imagery for TerraZoner. TerraZoner uses peak-season satellite imagery composites (including Sentinel-2 NDVI data) to derive productivity zones. These composites are algorithmic interpretations of publicly available satellite data and are not raw imagery products. Zone classifications derived from this data are heuristic outputs subject to the disclaimers in Section 8.

Allowed Uses. Your use via the Services is intended to align with those licences. Where attribution is required (e.g., HRDEM), attribution may be shown within the Site or exports; you must preserve attribution if you export, republish, or redistribute any data or outputs.

No Affiliation. We are not endorsed by or affiliated with USGS, NRCan, ESA/Copernicus, or any other data provider. Licences and availability may change; you are responsible for downstream compliance.

5) Service Availability, Third-Party Dependencies & Force Majeure

Upstream Dependency. The Services depend on third-party infrastructure and public data endpoints (e.g., USGS/3DEP, NRCan/HRDEM, Copernicus/Sentinel, cloud/CDN, map-tile/CDN providers, weather data APIs, and payment processors such as Stripe). We do not control their uptime, performance, rate limits, licensing, or continued availability.

Outages Happen. Endpoints and servers can experience outages, rate-limiting, maintenance, government shutdowns, policy changes, or removals. While outages are usually brief, longer interruptions may occur.

No SLA. The Services are provided without any service-level agreement.

Reseller Dependencies. Where access keys or entitlements are managed by a Reseller, we are not responsible for issuance errors, suspension by the Reseller, or delays outside our control.

No Liability; No Refunds. We are not liable for unavailability, slowdowns, removals, or licence changes from third parties or force-majeure events (including, without limitation, government shutdowns affecting USGS 3DEP, changes to HRDEM or Copernicus API, or satellite imagery outages affecting TerraZoner zone generation). No refunds or credits are provided for outages or upstream data unavailability/removal during any current pre-paid term.

6) Accounts & Eligibility

Eligibility. You must be of legal age in your jurisdiction.

Registration. Some features require an account. Provide accurate, current information and safeguard your credentials. Accounts are for individual use only; you may not share, transfer, or lend your login credentials to any other person or entity.

Responsibility. You are responsible for all activity under your account. Notify us immediately if you suspect unauthorized access.

7) Acceptable Use

You agree not to: (a) overload, interfere with, or attempt to bypass technical controls; (b) violate third-party licences; (c) misrepresent outputs as certified professional work; (d) use the Services in violation of law or regulation; (e) use outputs for safety-critical decisions without independent professional review; (f) reverse-engineer, decompile, or extract algorithms, models, or processing methods from TerraZoner or any other Tool; (g) resell, sublicence, or offer zone-creation, drainage design, or other services to third parties using the Services without a separate commercial agreement with us; (h) use automated scripts, bots, scrapers, or other programmatic means to access, extract data from, or interact with the Services; or (i) access or attempt to access another user’s account or data.

8) Agronomic, Economic, & Equipment Disclaimers

Heuristic Outputs. All algorithmic outputs—including but not limited to zone classifications, zone boundaries, productivity rankings, wetness indices, terrain position indices, dual-layer matrix classes, and any derived variable-rate prescriptions—are heuristic and may vary with inputs, parameters, data quality, satellite imagery availability, LiDAR resolution, and method updates. They are suggestive and not agronomic, environmental, engineering, or regulatory recommendations.

Satellite & Terrain Data Limitations. Satellite-derived NDVI data cannot distinguish between crops, weeds, volunteer plants, or other vegetation. NDVI composites may be affected by cloud cover, atmospheric conditions, sensor calibration, and temporal gaps. LiDAR-derived terrain models may contain artefacts, interpolation errors, or data gaps. Topographic position index and wetness potential analyses are modelled estimates, not measured ground conditions. Zone boundaries are approximate and should not be treated as survey-grade delineations.

No Outcome Warranty. We do not warrant yield, profit, environmental compliance, soil or water outcomes, or any performance of prescriptions derived from outputs. Zone maps do not predict crop performance and should not be the sole basis for agronomic or financial decisions.

Professional Review Required. You are solely responsible for validating any output with qualified professionals (e.g., P.Ag/CCA/engineer) and for ensuring compliance with laws, permits, label directions, buffer zones, nutrient management rules, drainage regulations, and environmental stewardship. Variable-rate prescriptions generated by the Services must be reviewed by a qualified agronomist or crop consultant before field application.

Drainage Design Disclaimers. Drainage layouts, flow-route analyses, cut/fill estimates, and any other outputs from Geo-Surface or Drain-IQ are planning aids only and are not engineered designs. They do not replace professional engineering, surveying, or hydrology assessments. Drainage projects may require permits, environmental assessments, and regulatory approvals. You are solely responsible for: (a) obtaining all required permits and approvals before construction; (b) ensuring designs comply with all applicable drainage laws, environmental regulations, setback requirements, and neighbour notification obligations; (c) engaging a qualified professional engineer or drainage contractor for final design and construction; and (d) evaluating potential impacts on neighbouring properties, waterways, and downstream drainage infrastructure. We are not liable for flooding, erosion, property damage, environmental harm, regulatory penalties, or any other consequences arising from drainage decisions made using outputs from the Services.

Weather & Precipitation Disclaimers. Weather analytics, precipitation probabilities, and any outputs from Rain Odds are statistical estimates based on historical and/or modelled data. They are not forecasts, guarantees, or predictions of actual weather events. Do not rely on these outputs for crop insurance decisions, planting or harvest timing, chemical application timing, or any other decision where inaccurate weather information could result in financial loss or crop damage. You are solely responsible for consulting authoritative weather services and making your own assessment of weather risk.

Equipment Compatibility. File formats, controller firmware, GNSS accuracy, and machine performance vary. We do not guarantee compatibility with any specific hardware, firmware, or platform and are not responsible for equipment damage, configuration errors, or field operations. You are responsible for verifying that exported shapefiles, prescriptions, and zone maps are compatible with your equipment before use.

9) Disclaimers

“As Is.” The Services and all content/outputs are provided “as is” and “as available.”

No Warranties. To the maximum extent permitted by law, we disclaim all warranties (express, implied, statutory), including merchantability, fitness for a particular purpose, accuracy, non-infringement, and quiet enjoyment.

Data Quality. Terrain models, LiDAR, satellite imagery, NDVI composites, zone classifications, and all derived products may contain errors, artefacts, and omissions. You assume all risk for use of any output.

10) Liability Allocation (No Admission)

To the maximum extent permitted by law, you acknowledge and agree that:

a) Free Services — no liability; sole remedy.

For any access to the Services for which no fee is paid to us (“Free Services”), we exclude all liability for any kind of loss or damage, whether in contract, tort (including negligence), statute, or otherwise. Your sole and exclusive remedy for any dissatisfaction with Free Services is to stop using them.

b) Paid Services — exclusion first; fallback cap only if required by law.

For any paid access to the Services (“Paid Services”), we exclude all liability for any indirect, incidental, special, consequential, exemplary, or punitive damages, and for any lost profits, revenues, goodwill, or data. Without limiting the foregoing, this includes any claims arising from zone classifications, prescriptions, or agronomic decisions made using outputs from TerraZoner or any other Tool.

To the extent that liability cannot be excluded by law, our total aggregate liability for all claims arising out of or related to the Paid Services shall be limited to:

• Direct purchases: the amounts you actually paid to us for the specific Services giving rise to the claim in the twelve (12) months before the event first giving rise to liability; or
• Reseller purchases: the amounts actually remitted to us by the Reseller for your specific licence in that same twelve (12) month period.

These are aggregate limits across all claims and theories.

c) Short claim window.

Any claim must be brought within twelve (12) months after it accrues, or it is permanently barred.

d) Non-excludable responsibilities.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, and in such cases the above exclusions/limits apply to the fullest extent permitted by law.

11) Indemnification

You will indemnify, defend, and hold harmless 17449275 Canada Inc. (GIS4AG / Geo-Surface / TerraZoner) from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Services or outputs, including any zone maps, prescriptions, or agronomic decisions derived therefrom; (b) your breach of these Terms; or (c) your violation of law, permit, licence, or third-party rights.

12) Subscriptions, Billing & Refunds

Fees. Some features require a paid subscription; pricing is shown at checkout.

Auto-Renewal. Subscriptions may auto-renew unless cancelled before the renewal date.

Refunds. All fees are non-refundable except where required by law or expressly stated. If you purchased through a Reseller, refunds/credits are handled exclusively by that Reseller. No refunds or credits are provided for outages, upstream data unavailability/removal, rate limiting, maintenance, feature changes, or force-majeure events during any pre-paid term.

12A) Third-Party Sales; Merchant of Record; Reseller Purchases

Merchant of Record. If you purchase a licence or subscription through a third party (e.g., marketplace, app store, channel partner, distributor) (a “Reseller”), that Reseller is the merchant of record. Your purchase contract—including pricing, taxes, billing, refunds, chargebacks, and invoicing—is with the Reseller, not with us.

Use still governed here. Regardless of point of sale, your use of the Services is governed by these Terms. We are not a party to any separate terms between you and the Reseller and are not responsible for the Reseller’s acts, omissions, pricing, billing, or representations.

Provisioning & keys. Access may require a key, seat assignment, or entitlement transmitted by the Reseller. We are not liable for delays or failures caused by Reseller processing, fraud checks, or account mismatches.

Refunds & credits. For Reseller purchases, all refunds, credits, or billing disputes must be directed to that Reseller. We do not issue refunds or credits for third-party purchases.

Payment-related claims. To the maximum extent permitted by law, any claims arising from or related to payment collection, pricing, taxes, invoices, refunds, or chargebacks for Reseller purchases must be brought solely against the Reseller (and not against us).

No agency or warranty. Resellers are independent and not our agents. We disclaim responsibility for any promises or warranties made by a Reseller that differ from these Terms.

13) User Data: DEM Uploads, Satellite Processing & In-Browser Field Boundaries

A) File uploads (server-side processing).

What’s accepted. You may upload digital elevation models (“DEMs”), field boundary shapefiles, and other geospatial data files as required by the specific Tool for processing.

Ownership. You retain all ownership of your uploaded files.

Consent & limited licence. By uploading a file, you instruct and grant us a worldwide, non-exclusive, royalty-free, revocable licence to host, process, cache, transform, and temporarily store the file solely to provide the Services to you (e.g., generating analytics, derived layers, or zone maps you requested). No other uses are permitted (no resale, publication, model training, or promotional use).

Retention & deletion. Uploaded files are stored on our servers only for the duration of processing and up to two (2) hours thereafter, then scheduled for deletion via a rolling job. No backups of user-uploaded files are kept. Minimal operational metadata (timestamps, file size, processing status, error codes) may be retained; this metadata does not include file content.

No human review by default. We don’t view your uploaded files unless you ask for support that requires it or we need to investigate abuse, security incidents, or processing errors.

Your representations. You represent you have the rights/consents to upload the file and permit the processing above; the file does not violate law, third-party rights, export controls, or licence terms; and it is free of malicious code.

Security. We use reasonable safeguards appropriate for a small-team service, but no method is 100% secure.

B) Satellite data processing (TerraZoner).

Server-side retrieval. When you submit a field boundary for zone generation in TerraZoner, the system retrieves and processes publicly available satellite imagery (e.g., Sentinel-2 NDVI composites) on our servers. This imagery is sourced from public APIs and is not user-uploaded data.

Zone outputs. Zone maps, classifications, and derived products generated from satellite and/or terrain data are created for your use under your subscription. You retain ownership of zone outputs you generate. We retain no copies of your zone outputs after your session or export, except for minimal operational metadata (processing logs, timestamps, error codes).

C) Field boundaries (client-side only).

Local to your browser. Field boundary geometry you draw or load in the Site is processed and stored only within your current browser session (e.g., memory/local storage) and is not uploaded to our servers unless you explicitly export or transmit it.

Ephemeral by design. Closing your tab, clearing browser data, changing devices/browsers, or blocking storage may remove locally held boundaries. We do not retain or reconstruct these boundaries server-side and are not responsible for loss of client-side session data.

Exports are your choice. If you choose to export or include boundaries within outputs that you download or send elsewhere, you are responsible for any distribution, licence compliance, and retention of that exported data.

Effect of termination. Termination of access does not change the deletion schedule above for DEMs or our right to retain minimal non-content operational metadata for security/compliance.

14) Exports & Downstream Compliance

If you export or download data or outputs (including zone maps, shapefiles, prescriptions, or any derived products), you are responsible for: (a) preserving required attribution; (b) complying with applicable licences (e.g., USGS/NRCan/Copernicus), laws, permits, and label directions; (c) ensuring suitability for your intended use; and (d) verifying compatibility with your equipment and software before field application.

15) Beta & Changes to the Services

Certain features may be labelled Beta or may change without notice. We may modify, suspend, or discontinue features at any time. Zone classification algorithms, satellite imagery sources, terrain analysis methods, and processing parameters may be updated without notice, which may result in different zone outputs for the same field boundary. We may update these Terms; updated Terms will be posted with a new effective date. Continued use constitutes acceptance.

16) Termination

We may suspend or terminate access at any time for violations, misuse, or technical/security reasons. Upon termination, your right to use the Services ceases, except where applicable data licences allow continued use of openly licensed public data already obtained.

17) Severability; Entire Agreement; No Waiver

If any provision is unenforceable, the remainder remains in effect. These Terms constitute the entire agreement between you and us regarding the Services. Failure to enforce any provision is not a waiver.

18) Governing Law & Venue

These Terms are governed by the laws of the Province of Manitoba, Canada, without regard to conflict-of-law rules. Courts located in Manitoba have exclusive jurisdiction and venue.

19) Privacy & Data Collection

Payment Processing. Payments are processed by Stripe. We do not see, collect, or store credit card numbers or other sensitive payment data. Stripe’s handling of your payment information is governed by Stripe’s Privacy Policy.

Account Data. We collect only the information necessary to operate your account: name, email address, and login credentials. Passwords are hashed; we cannot view them.

Analytics & Cookies. The Site may use cookies and analytics tools (e.g., Google Analytics) to understand usage patterns and improve the Services. By using the Site, you consent to the use of cookies in accordance with standard browser settings. You may disable cookies in your browser, but some features may not function properly.

No Sale of Data. We do not sell, rent, or share your personal information with third parties for marketing purposes. We may share data with service providers (e.g., Stripe, hosting providers) solely to operate the Services.

Data Requests. To request access to, correction of, or deletion of your personal data, contact us using the contact form on the Site.

20) Dispute Resolution

Informal Resolution First. Before initiating any formal legal proceeding, you agree to first contact us via the contact form on the Site and allow thirty (30) days to attempt to resolve the dispute informally.

Continued Availability. During any dispute, your access to the Services will not be suspended solely because of the dispute, provided you remain in compliance with these Terms.

21) Contact

For questions or concerns, please use the contact form on the Site.