BoreholeIQ Terms of Service

Version: 1.0.0 Effective Date: Set on publication Last Revised: Set on publication

1. Introduction

BoreholeIQ is provided by Joticle, Inc., a Delaware corporation. This Agreement governs your use of BoreholeIQ at boreholeiq.com. By using the Service you agree to these terms. If you don't agree, don't use the Service.

2. Definitions

• Account / Firm / Customer: the legal entity that registers.
• Authorized User: an individual the Customer authorizes to use the Service.
• Customer Data: anything the Customer or its users put into the Service — boring logs, samples, lab results, photos, project info, client info, etc.
• Anonymized Data: Customer Data processed so it can't reasonably identify a specific Customer, person, project, or site.
• Aggregated Data: Anonymized Data combined across Customers so no single contribution is identifiable.
• Chain of Custody Record: the cryptographically linked event log for sample handling described in Section 9.
• Subprocessor: a third party Joticle uses to deliver the Service.

3. Accounts

You must provide accurate registration info, keep your credentials safe, be at least 18, and notify us of unauthorized access. Customers are responsible for their Authorized Users. No credential sharing.

4. Plans and Fees

4.1 Plans. Core: $25 one-time setup, then free for up to 3 users. Pro: $39/month per Firm, unlimited users. Current features at boreholeiq.com/pricing.

4.2 Free trial. One month of Pro, no card required. At trial end, convert to Pro, downgrade to Core, or do nothing — in which case the Account becomes read-only.

4.3 Billing. Pro fees are billed monthly via Stripe and are non-refundable except as required by law.

4.4 Price changes. 30 days' notice for Pro price changes. Core remains free for any Account that has paid the $25 setup fee, for as long as Joticle operates the Service.

4.5 Non-payment. Failed payment triggers retries. After 30 days unpaid, the Account downgrades to Core (if 3 or fewer users) or becomes read-only. After 120 days unpaid, the Account may be suspended.

5. Customer Data

You own your Customer Data. You're responsible for its accuracy, legality, and your right to upload it. Joticle provides software, not engineering services. All professional and engineering judgments based on data in the Service are yours.

6. License Grants

6.1 To Customer. Non-exclusive, non-transferable license to use the Service for your business during the Agreement.

6.2 To Joticle for operations. Joticle may host, copy, transmit, and process Customer Data as needed to operate the Service, support you, and comply with law.

6.3 To Joticle for anonymized and aggregated data. Joticle may create Anonymized Data and Aggregated Data from Customer Data and use it for any lawful purpose, including platform improvement and commercial products. This license survives termination.

6.4 Tenant isolation. Joticle will not (a) share a Customer's identifiable Customer Data with any other Customer, (b) use a Customer's data to train models whose outputs are offered to other Customers, or (c) enable other Customers to derive a Customer's data through the Service. Joticle may use a Customer's data to tune Service features that benefit only that Customer.

6.5 AI subprocessors. Joticle's AI subprocessors are contractually prohibited from using Customer Data to train their public models. As of the Effective Date, AI features are provided through Microsoft Azure OpenAI, which provides this protection.

6.6 Feedback. If you give Joticle feedback, Joticle can use it freely.

7. Acceptable Use

Don't break the law, infringe rights, upload malware, hack the Service, scrape outside published APIs, resell the Service without consent, upload data you don't have rights to, or interfere with other Customers. Additional rules in the Acceptable Use Policy.

8. Intellectual Property

Joticle owns the Service and its trademarks. You own your Customer Data. No rights granted beyond what's in this Agreement.

9. Chain of Custody

9.1 What it is. The Service records sample-handling events as a sequence. Each event includes a SHA-256 hash linking it to the prior event, forming a tamper-evident chain.

9.2 What a valid chain proves. Joticle affirms that, where chain integrity is confirmed: events were received and recorded in the order shown; their contents have not been altered since recording; tampering with any event would break the chain at that point and beyond.

9.3 What a valid chain does not prove. A valid chain does not prove the truth of any user-entered statement, that a sample was actually collected as stated, that the Authorized User who recorded the event was the physical handler, that the sample wasn't substituted outside the Service, the validity of any analysis, or admissibility in any specific proceeding.

9.4 Verification. Customers may export Chain of Custody Records together with the cryptographic data needed for verification. Joticle commits to publishing a standalone verification tool at boreholeiq.com/verify that allows independent verification without contacting Joticle's servers; this tool will be available alongside the first general availability of the Samples module.

9.5 No legal-outcome warranty. Joticle does not warrant that a Chain of Custody Record will be accepted in any particular proceeding. Customers determine suitability for their regulatory and evidentiary needs.

10. Subprocessors

Current subprocessor list at boreholeiq.com/legal/subprocessors. Subprocessors are bound to obligations consistent with this Agreement. Third-party integrations you connect are your responsibility.

11. Privacy and Security

Privacy Policy is incorporated by reference. Data is stored in the United States. Joticle uses commercially reasonable security including encryption in transit and at rest. Joticle will notify affected Customers of confirmed security incidents involving their Customer Data without undue delay.

12. Data Portability

12.1 Right to export. Customers may export their Customer Data during the Agreement and during any retention period described in Section 14, at no charge.

12.2 Phased delivery. Export functionality expands as the platform matures. As of the Effective Date, Joticle commits that any Customer export request will be fulfilled in machine-readable form within 90 days. Full DIGGS export, integrated verification files, and self-service export of all data types will be delivered progressively, with target general availability by December 31, 2026.

13. Warranties

The Service is provided "as is." Joticle warrants reasonable skill and care in delivery and material conformity with documentation. All other warranties are disclaimed. AI outputs may be wrong; you must review them before relying on them.

14. Term, Termination, Retention

14.1 Agreement runs from Account creation until terminated.

14.2 Customer may cancel anytime through the Service.

14.3 Joticle may suspend or terminate for material breach (with cure period), non-payment per 4.5, legal compulsion, or with 90 days' notice.

14.4 On termination: license ends; Customer may export; outstanding fees remain due; survival clauses survive.

14.5 Retention. Following Account closure, Joticle will retain Customer Data in recoverable form for at least 90 days, during which Customers may request reactivation or export. Joticle commits to extending retention to seven (7) years as archive infrastructure ships, with target completion by December 31, 2026. After the applicable retention period, Customer Data is deleted, except: (a) Anonymized and Aggregated Data may be retained indefinitely; (b) records required for legal, tax, or audit obligations; (c) routine backup copies until overwritten.

14.6 Earlier deletion. Customers may request earlier deletion in writing. Joticle will fulfill within 30 days, subject to the exceptions in 14.5.

15. Limitation of Liability

Neither party is liable for indirect or consequential damages. Aggregate liability capped at the greater of fees paid in the 12 months before the claim or $100. Excludes indemnification, confidentiality breach, willful misconduct, payment obligations, and Customer's acceptable use violations.

16. Indemnification

Customer indemnifies Joticle for claims arising from Customer Data, Customer's misuse, Customer's disputes, or Customer's professional decisions. Joticle indemnifies Customer for claims that the Service infringes US patent, copyright, or trademark, with standard carve-outs.

17. Disputes

Governed by Nevada law, exclusive jurisdiction in Clark County, Nevada. Jury trial waived. Class actions waived. Equitable relief preserved.

18. General

18.1 Entire agreement, with Privacy Policy, AUP, and any DPA.

18.2 Joticle may amend with 30 days' notice for material changes. Continued use after effective date = acceptance. If you don't accept a material amendment, you may terminate before it takes effect for a refund of prepaid unused fees.

18.3 Customer may not assign without consent except to a non-competitor successor in M&A. Joticle may assign.

18.4 Notices to Joticle: 2737 Sandalwood Ave, Henderson NV 89074, legal@boreholeiq.com. Notices to Customer: email on file.

18.5–18.10 Standard provisions: force majeure, independent contractors, no third-party beneficiaries, severability, no waiver, headings.

18.11 Electronic acceptance. Clicking "I Agree," creating an Account, or using the Service is your binding electronic signature under E-SIGN and UETA.

19. State-Specific Provisions

California, Colorado, Connecticut, Virginia, Utah, and other state privacy law rights are described in the Privacy Policy.

20. Contact

Joticle, Inc. 2737 Sandalwood Ave Henderson, NV 89074 legal@boreholeiq.com