User Terms of Service

Last Updated: May 25, 2026

Preamble

By accessing or using the Services offered by Xplarion Inc. ("Xplarion," "we," "us," or "our"), you are confirming that you have read, understand, and accept this Agreement. Please review these terms regularly at xplarion.com/legal/user-terms-of-service. Continued use of the Services after any changes have been made constitutes your acceptance of the updated terms.

This Agreement applies to Services accessed through Xplarion's website, platform, or applications for personal and non-commercial use. Separate terms govern the relationship between Xplarion and enterprise clients, available at xplarion.com/legal/client-terms-of-service.

Conditions of Use

By using the Services, you confirm that you:

• Will use the Services only for personal, non-commercial purposes unless you have obtained prior written consent from Xplarion
• Are at least 18 years old or are otherwise legally able to enter into binding agreements
• Accept and will comply with this Agreement
• Have authority to bind your organization if you are accessing the Services on its behalf
• Are responsible for all Authorized Users who access the Services through your account

1. Terminology

"Content" means all information and data (such as text, images, geospatial data, geological datasets, documents, and reports) in any format that is uploaded to, downloaded from, or appears on our Services.

"Services" means the Xplarion website at xplarion.com and its subdomains, the Xplarion platform and any mobile applications, and any purchased services, excluding services governed by the Client Terms of Service.

"You" and "Customer" refer to the person or legal entity accessing the Services, including any company on whose behalf an individual accesses the platform.

"Authorized Users" means individuals you have authorized to access and use the Services through your account.

2. Services

2.1 Services Access

Subject to this Agreement, we will allow you and your Authorized Users to access and use our Services for your personal and non-commercial use. You may not use automated tools such as robots, spiders, crawlers, or scraping technologies to access or extract data from the Services.

2.2 Updates

Xplarion reserves the right to modify the Services by changing, adding, or removing features at any time, for any reason, without liability to you.

2.3 Third Parties

Our Services may depend on third-party data sources and integrations that we do not control and which may change without notice. If a third party withdraws the availability of data or services, Xplarion may discontinue related features without liability.

2.4 Acceptable Use Policy

You must comply with the Acceptable Use Policy and all applicable laws. Xplarion may suspend, restrict, or terminate your account or access to the Services without notice upon reasonable belief that you have violated the Acceptable Use Policy.

2.5 Account Information

You are responsible for the completeness, security, confidentiality, and accuracy of the account information you provide. You must promptly notify us of any unauthorized access to or use of your credentials.

2.6 Content

We are not responsible for Content provided by third parties. Xplarion has not independently verified third-party content and bears no liability for unlawful, offensive, harmful, inaccurate, or otherwise objectionable material provided by others.

3. Confidentiality and Intellectual Property

3.1 Confidentiality

Non-public Xplarion information shared with you must be kept confidential. You must use reasonable security measures to prevent unauthorized disclosure of or access to such information.

3.2 Feedback

If you provide suggestions, bug reports, or feature requests regarding the Services ("Feedback"), you grant Xplarion a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use the Feedback for any purpose. Xplarion is not required to maintain Feedback as confidential.

3.3 Services Ownership

Xplarion retains all rights and interests in the Services, including all software, AI models, algorithms, datasets, and content owned or licensed by Xplarion, which receive copyright, trademark, patent, and trade secret protection. Nothing in this Agreement transfers ownership of any Xplarion intellectual property to you.

4. Payment Terms, Trials, and Renewal

4.1 Fees and Trials

You must pay all applicable fees except for Services expressly offered at no charge. Free trials may require submission of a valid payment method. We will charge you automatically on the first day after the free trial ends unless you cancel or downgrade to a no-charge plan before the trial period expires.

4.2 Paid Services

A valid payment method is required for paid Services. We will automatically charge you based on your chosen subscription plan. Subscription fees are non-refundable. Price changes require 30 days' notice and do not apply during a current subscription term. Payment information may be shared with financial institutions and payment processors. If your payment method expires, we retain authority to continue billing; access may be suspended until payment is resolved.

4.3 Auto-Renewal

Service plans renew automatically unless you cancel or downgrade your plan prior to the renewal date in accordance with Section 5.1.

4.4 Taxes

You are responsible for all applicable taxes on fees you pay to Xplarion.

5. Cancellation and Termination

5.1 User Cancellation

You may cancel or downgrade your Services plan at any time. Fees for the remaining period of your current plan term are non-refundable and remain due upon cancellation.

5.2 Xplarion Termination Rights

Xplarion may refuse to provide Services to anyone for any reason at any time. We may immediately suspend or terminate your access to the Services for any reason, at any time, without advance notice. Users who violate this Agreement or our policies will not be entitled to a refund. Terminations without cause will result in a refund for any undelivered Services.

6. Disclaimer of Warranties and Limitation of Liability

6.1 As-Is Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. XPLARION EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE.

6.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPLARION AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS ("XPLARION PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. XPLARION IS NOT LIABLE FOR THIRD-PARTY CONTENT, INTERNET CONNECTION ISSUES, OR DAMAGES FROM HACKING, TAMPERING, THEFT, OR OTHER UNAUTHORIZED ACCESS.

6.3 Liability Cap

THE AGGREGATE LIABILITY OF THE XPLARION PARTIES WILL NOT EXCEED THE GREATER OF THE FEES WE RECEIVED FROM YOU FOR THE SERVICES SUBJECT TO THE CLAIM DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGES AROSE, AND USD $100. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

6.4 No Warranties from Advice

No advice or information, whether oral or written, obtained from Xplarion or elsewhere will create any warranty or condition not expressly stated in this Agreement.

6.5 Exclusive Remedy

Termination of your access to the Services is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement for any dissatisfaction with or harm caused by the Services.

7. Claims and Disputes

7.1 Governing Law

The laws of the State of Colorado and applicable federal law of the United States will govern any dispute, cause of action, or claim arising out of this Agreement or your use of our Services, without regard to conflict-of-law principles.

7.2 Indemnification

You agree to indemnify and hold harmless the Xplarion Parties from and against all losses, damages, penalties, liability, and costs, including reasonable legal fees, for claims related to your breach of this Agreement or violation of any applicable law or third-party rights.

7.3 Legal Fee Recovery

If Xplarion brings a successful claim against you for breach of this Agreement or violation of Xplarion's rights, you agree to reimburse Xplarion for its reasonable legal fees.

7.4 Arbitration

All disputes arising out of or in connection with this Agreement shall be resolved through confidential, binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules before a single arbitrator. The arbitration shall take place in Denver, Colorado. If the parties cannot agree on an arbitrator within 15 days, the AAA shall appoint one. The arbitrator may issue injunctions or damage awards based on legal and equitable principles. Awards may be entered and enforced in any court of competent jurisdiction.

7.5 Individual Proceedings Only

All dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Both parties waive any right to a trial by jury.

8. Miscellaneous

8.1 Export Compliance

You confirm that you: do not access the Services from a jurisdiction where such access is prohibited under U.S. or other applicable law; are not on any U.S. government list of prohibited persons or entities; will not permit Authorized Users to access the Services in violation of any export embargoes or restrictions; and will comply with all applicable laws regarding data transmission.

8.2 Amendment

Xplarion may change any part of this Agreement at any time by posting the revised terms on our website. Continued use of the Services after an update constitutes acceptance of the revised Agreement. Updated terms are effective upon posting or on such later date as may be specified.

8.3 Assignment

You may not assign your rights under this Agreement. Xplarion may assign its rights to other individuals or entities.

8.4 Severability

If any part of this Agreement is found to be invalid or unenforceable, the rest will continue to apply with the minimum changes required to remove the invalid part.

8.5 Force Majeure

Xplarion is not liable for performance failures caused by circumstances beyond our reasonable control, including natural disasters, infrastructure failures, cyberattacks, governmental acts, labor disruptions, war, terrorism, and changes to third-party services beyond commercially reasonable terms.

8.6 Notices

Xplarion may provide notices via platform banners, account messages, email, or other means. For notices to Xplarion, contact: info@xplarion.com, Attention: Legal Department, Xplarion Inc., Golden, CO 80401.

8.7 Entire Agreement

This Agreement, including all documents incorporated by reference, constitutes the entire agreement between you and Xplarion for your use of the Services and supersedes all prior understandings, statements, and agreements. This Agreement is binding on successors and permitted assigns.