LiDAR-Powered Elevation, Terrain, and Drainage Mapping — Easy, Accurate, Accessible

TERMS OF SERVICE

Effective Date: November 14, 2025

Welcome to Geo-Surface.com (the “Site”). The Site and related tools and services (collectively, the “Services”) are provided by 17449275 Canada Inc., under the GIS4AG umbrella brand and the Geo-Surface product brand (“we”, “us”, or “our”). By accessing or using the Services, you agree to these Terms of Service (the “Terms”).

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

Geo-Surface 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

  • Variable-Rate Management Zones creation based on LiDAR topography

“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” and “Geo-Surface” are brands of 17449275 Canada Inc. and are not separate legal entities or corporations.

4) DATA SOURCES, LICENSING & ATTRIBUTION

  • Primary Sources. Elevation datasets used or visualized by the Services are obtained from federal 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.

  • 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 or NRCan. 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, cloud/CDN, map-tile/CDN providers). 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 or changes to HRDEM). 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.

  • Responsibility. You are responsible for all activity under your account.

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; or (e) use outputs for safety-critical decisions without independent professional review.

8) AGRONOMIC, ECONOMIC, & EQUIPMENT DISCLAIMERS

  • Heuristic Outputs. Algorithmic outputs are heuristic and may vary with inputs, parameters, data quality, and method updates. They are suggestive and not agronomic, environmental, engineering, or regulatory recommendations.

  • No Outcome Warranty. We do not warrant yield, profit, environmental compliance, soil or water outcomes, or any performance of prescriptions derived from outputs.

  • 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.

  • 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.

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, imagery, and 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.
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) 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; (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 VS. IN-BROWSER FIELD BOUNDARIES

A) DEM uploads (server-side processing).

  • What’s accepted. The only file you may upload to our servers is a digital elevation model (“DEM”) for processing into analytics layers.

  • Ownership. You retain all ownership of your DEM(s).

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

  • Retention & deletion. DEMs are stored on our VM 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 DEMs are kept. Minimal operational metadata (timestamps, file size, processing status, error codes) may be retained; this metadata does not include DEM content.

  • No human review by default. We don’t view your DEM 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 DEM and permit the processing above; the DEM 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) 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, you are responsible for: (a) preserving required attribution; (b) complying with applicable licences (e.g., USGS/NRCan), laws, permits, and label directions; and (c) ensuring suitability for your intended use.

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. 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) CONTACT

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

PRIVACY POLICY

Effective Date: February 14, 2025

This Privacy Policy explains how 17449275 Canada Inc. (under the GIS4AG umbrella brand and the Geo-Surface product brand) (“we”, “us”, “our”) collects, uses, discloses, and protects personal information when you use Geo-Surface.com (the “Site”) and related services (the “Services”). It also describes choices and rights you may have.

If anything here conflicts with a specific agreement you have with us, that agreement will prevail to the extent of the conflict.

1) Who is responsible?

Data controller: 17449275 Canada Inc., Manitoba, Canada.
Contact: Please use the contact form on the Site (no public email to reduce spam).

2) What we collect

A) Information you provide

  • Account & access data: username, display name, and similar identifiers you choose to provide.

  • Purchase/entitlement data (via Resellers): when a licence is sold through a third-party merchant of record (a “Reseller”), they may share limited details so we can provision access (e.g., your name, email, plan/seat, licence status, and dates). We do not receive your full payment card details.

  • Support messages: content you submit through the Site’s contact form.

B) Technical & usage data (automatically collected)

  • Device/usage: IP address, browser type/version, operating system, referring/exit pages, timestamps, page views, and feature usage.

  • Cookies/local storage: small files used to keep you signed in, remember settings, and (if enabled) run analytics.

C) User data that stays local to your browser

  • Field boundaries: geometry you draw or load in the Site is processed/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.

D) Files you may upload to our server

  • DEM uploads only: the only file you may upload to our servers is a digital elevation model (DEM) for processing into analytics layers (see Section 6).

3) Why we collect it (purposes)

  • Provide the Services: authenticate you, render maps/analytics, create variable-rate management zones (VRZ), and operate core features.

  • Account & entitlement management: verify and manage your plan/licence (including those purchased via a Reseller).

  • Support & operations: respond to requests, diagnose issues, secure the Service, prevent abuse/fraud, and generate audit/logs.

  • Analytics & improvement (optional): understand feature use to improve performance, reliability, and usability.

  • Legal & compliance: meet legal obligations and enforce Terms.

4) Lawful basis / consent (PIPEDA & other jurisdictions)

  • Consent: by using the Site/Services, you consent to collection and use for the purposes above.

  • Legitimate interests: secure operation, fraud prevention, service analytics, improving performance/features.

  • Contract: processing needed to provide features you request (including provisioning licences via a Reseller).

  • You may withdraw consent for non-essential processing (e.g., analytics cookies) via your browser settings or the Site’s controls (if provided); essential cookies are needed to run the Site.

5) Cookies & tracking

  • Essential cookies/local storage: required for login, preferences, and core functionality.

  • Analytics (if enabled): privacy-respecting analytics may be used to measure traffic and feature usage. You can opt out by using the Site’s controls (if provided) or by blocking cookies in your browser. Blocking cookies may limit access to paid content or features.

6) DEM uploads (server-side) & retention

  • Purpose-limited licence. By uploading a DEM, you instruct and grant us a non-exclusive, royalty-free licence to host, process, cache, transform, and temporarily store the DEM solely to provide the Services you requested (e.g., analytics layers). No other uses (no resale, publication, training, or promotional use).

  • Retention. DEM files are stored on our VM only for the duration of processing and for up to two (2) hours thereafter, then scheduled for deletion via rolling jobs.

  • Backups. No backups of user DEMs are kept. Minimal operational metadata (timestamps, file size, processing status, error codes) may be retained; this metadata does not include your DEM content.

  • Human access. DEM content is not reviewed by a human unless you request support that requires it or we must investigate abuse/security incidents/errors.

7) Data sources referenced by the Services (not your personal data)

The Services may access or visualize public elevation data from USGS 3DEP (United States, public domain) and NRCan HRDEM (Canada, Open Government Licence—Canada with attribution). These data are public/government-provided; they are not your personal information and may be unavailable during upstream outages or policy changes.

8) Disclosure to third parties

We may share limited personal information with:

  • Service providers (processors): hosting/CDN, error logging, analytics (if enabled), authentication, email/contact infrastructure—under contract, for our purposes only.

  • Resellers / merchants of record: for purchases through a Reseller, we receive entitlement data from them and may share minimal technical information to resolve provisioning. (We do not control their privacy practices—see their policies.)

  • Legal and safety: if required by law or to protect rights, safety, or property.

  • Business changes: if we transfer or licence the Service to another operator, personal information may be transferred to allow continuity of service, consistent with this Policy.

We do not sell personal information.

9) International transfer

Servers, CDNs, and providers we use may be located in Canada, the United States, or other jurisdictions. Your information may therefore be transferred to and processed outside of your province or country. We use reasonable measures to protect personal information regardless of location.

10) Security

We use reasonable technical and organisational safeguards appropriate for a small-team service (e.g., access controls, TLS in transit, hardened configuration, rolling DEM deletions). No method of transmission or storage is 100% secure.

11) Retention (personal information)

  • Account/entitlement data: retained while you have an active account/licence and for a reasonable period thereafter for security, auditing, and legal obligations.

  • Logs/operational metadata: retained for a limited period needed for security and diagnostics.

  • Marketing preferences: retained until you change your preference or for a reasonable period.

  • DEM files: per Section 6 (max ~2 hours after processing completion).

12) Your rights & choices

Subject to applicable law, you may:

  • Access & correction: request access to, or correction of, your personal information.

  • Deletion: request deletion of personal information where it is no longer required (note: operational logs and legal records may be retained as permitted by law; DEM files follow the 2-hour deletion schedule).

  • Withdraw consent: for non-essential cookies/analytics, via browser settings or Site controls (if provided).

  • Marketing opt-out: unsubscribe using provided mechanisms (if we ever send marketing).

  • Complain: you may contact us via the Site’s form. You may also contact the Office of the Privacy Commissioner of Canada or your provincial privacy regulator.

13) Children’s privacy

The Services are not directed to minors under the age of majority in their jurisdiction. We do not knowingly collect personal information from minors.

14) Third-party purchases (Resellers)

If you purchase a licence through a Reseller (marketplace, app store, channel partner), they are the merchant of record. Your payment data is processed under their policies. They may share limited information with us for provisioning. For billing, refunds, chargebacks, and invoices, please contact the Reseller directly.

15) Automated processing & profiling

Some features (e.g., VRZ generation, terrain analytics) use algorithmic processing to produce heuristic outputs. These outputs are suggestive and do not produce legal or similarly significant effects on their own. You remain responsible for professional review and decisions.

16) Changes to this Policy

We may update this Policy from time to time. The updated Policy will be posted on this page with a new Effective Date. Your continued use of the Site after changes means you accept the updated Policy.

17) How to contact us

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

Last Updated: November 14, 2025