Terms of Service & Privacy Policy

1. Definitions

Account means a user account created to access the services.

Authorized User means an employee, contractor, advisor, consultant, or other person authorized by a client to access the services.

Client Data means data, files, materials, content, datasets, documents, images, maps, models, business information, technical information, or other materials provided to 4Point by or on behalf of a client.

Deliverables means reports, outputs, dashboards, files, visualizations, predictions, models, analyses, target packages, summaries, documentation, or other work product that 4Point provides to a client under an order form, SOW, or other written agreement.

4Point IP means the services, platform, software, code, models, algorithms, workflows, methods, processes, interfaces, designs, documentation, templates, know-how, trade secrets, inventions, improvements, and other technology owned, licensed, or developed by 4Point.

Order Form means any signed order form, statement of work, authorization form, proposal, quote, purchase order accepted by 4Point, or similar document describing the services, fees, scope, deliverables, term, and other commercial terms.

Services means the websites, software, platform, AI and machine learning services, data transformation, geospatial modeling, predictive modeling, visualization, hosting, reporting, consulting, support, and related services provided by 4Point.

2. Services

4Point provides technical and software-enabled services for geospatial AI, earth sciences, mineral exploration, mining, infrastructure, and related sectors. Services may include:

• Data ingestion, transformation, normalization, and validation
• Geological, geospatial, geochemical, geophysical, and remote-sensing analysis
• AI and machine learning model development, training, configuration, and inference
• Predictive modeling and uncertainty analysis
• Target ranking and prioritization
• 3D modeling, visualization, dashboards, and data hosting
• Technical reporting, executive summaries, target packages, and decision-support deliverables
• Support, project management, and technical advisory services

Specific services, timelines, usage limits, deliverables, fees, and client responsibilities will be described in an Order Form.

3. Account Access & Authorized Users

You are responsible for:

• Ensuring Authorized Users comply with these Terms
• Maintaining accurate account information
• Protecting credentials and access tokens
• Promptly notifying us of unauthorized access
• Ensuring access is used only for your internal business purposes or as otherwise permitted in writing

We may suspend or restrict access if we reasonably believe an account has been compromised, is being misused, creates security risk, violates these Terms, or violates law.

4. Client Responsibilities

You are responsible for:

• Providing complete, accurate, lawful, and usable Client Data
• Ensuring you have all rights and permissions needed to provide Client Data to 4Point
• Ensuring Client Data does not infringe third-party rights
• Obtaining all required consents, licenses, permits, waivers, and approvals
• Reviewing and validating outputs before relying on them
• Making your own technical, commercial, drilling, investment, operational, and disclosure decisions
• Complying with applicable mining, securities, environmental, land, export control, privacy, employment, procurement, anti-corruption, and other laws
• Providing timely feedback, access, context, and cooperation reasonably required for 4Point to perform the services

Delays, errors, omissions, inconsistencies, or inaccuracies in Client Data may affect the quality, timing, and usefulness of the services and deliverables.

5. Client Data

As between you and 4Point, you retain all rights, title, and interest in Client Data.

You grant 4Point a limited, worldwide, non-exclusive, royalty-free license to access, host, copy, process, transform, analyze, visualize, transmit, display, and otherwise use Client Data solely as needed to:

• Provide the services
• Create deliverables
• Support, secure, and troubleshoot the services
• Comply with legal and contractual obligations
• Exercise rights and perform obligations under these Terms or an applicable Order Form
• Improve 4Point services using aggregated, anonymized, or de-identified information that does not identify you, your project, your dataset, your deposit, coordinates, or confidential business information

Unless otherwise agreed in writing, 4Point will not sell Client Data, publicly disclose Client Data, or use client confidential project data to train public third-party foundation models without explicit client permission.

6. Deliverables

Subject to payment of applicable fees and any restrictions in an Order Form:

• You may use final deliverables for your internal business purposes.
• You may use final deliverables for technical review, planning, financing, partner discussions, investor discussions, board materials, internal strategy, and operational decision support.
• Public use, publication, regulatory filing, securities disclosure, press release use, investor presentation use, or marketing use of deliverables may require written approval, qualified-person review, or other review specified in an Order Form.
• Draft deliverables, interim outputs, model diagnostics, experimental outputs, internal notes, source code, and underlying 4Point IP are not transferred unless expressly stated in writing.
• 4Point may correct, update, revise, or remove deliverables if errors, data issues, legal issues, security issues, or technical issues are identified.

An Order Form may grant broader or narrower rights to deliverables.

7. 4Point IP

4Point and its licensors retain all rights, title, and interest in 4Point IP. Nothing in these Terms transfers ownership of 4Point IP to you. 4Point IP includes:

• Software and platform technology
• Source code and object code
• AI and machine learning models
• Model architectures and weights, except where expressly assigned in writing
• Algorithms, workflows, pipelines, prompts, evaluation methods, validation tools, and internal processes
• User interface, design, look and feel, and documentation
• Generalized learnings, skills, know-how, and methods
• Improvements, modifications, derivatives, and feedback-based enhancements

You may not copy, modify, reverse engineer, decompile, benchmark for competitive purposes, scrape, train competing models from, or otherwise exploit 4Point IP except as expressly permitted in writing.

8. Feedback

If you provide ideas, comments, suggestions, requests, or feedback about the services, you grant 4Point a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. Feedback does not limit your ownership of Client Data.

9. Confidentiality

Each party may receive confidential or proprietary information from the other party. The receiving party will:

• Use confidential information only to perform or receive the services
• Protect confidential information using at least reasonable care
• Disclose confidential information only to personnel, contractors, advisors, service providers, or representatives who need to know it and are bound by confidentiality obligations
• Not disclose confidential information to third parties except as permitted in writing or required by law

Confidential information does not include information that is or becomes public without breach, was already known without confidentiality obligations, is lawfully received from a third party without confidentiality obligations, or is independently developed without use of the disclosing party’s confidential information.

If disclosure is legally required, the receiving party will provide notice where legally permitted and limit disclosure to what is required.

10. Privacy & Data Protection

Our Privacy Policy explains how we collect and use Personal Information.

If Client Data includes Personal Information, you represent that you have collected and provided that Personal Information lawfully and that 4Point may process it to provide the services.

Where required, the parties may enter into a data processing agreement or similar privacy addendum.

11. Security

4Point will use commercially reasonable technical and organizational measures designed to protect Client Data and Personal Information. Security obligations may be further described in an applicable Order Form, security exhibit, DPA, or data handling document.

You are responsible for:

• Securing your systems
• Managing Authorized Users
• Protecting credentials
• Controlling downloads and exports
• Reviewing access permissions
• Notifying 4Point promptly of suspected unauthorized access

12. Acceptable Use

You may not use the services to:

• Violate law, regulation, sanctions, export control restrictions, or third-party rights
• Upload malware, viruses, harmful code, or destructive files
• Attempt unauthorized access to systems, data, accounts, or networks
• Probe, scan, or test vulnerability without written permission
• Interfere with service operation or security
• Scrape, crawl, harvest, or extract data except through authorized functionality
• Reverse engineer, decompile, disassemble, or attempt to derive source code, models, or underlying methods
• Circumvent usage limits, access controls, security controls, or billing controls
• Misrepresent outputs as guaranteed discoveries, reserves, resources, valuations, or regulatory conclusions
• Use the services for unlawful, deceptive, defamatory, harassing, abusive, or unethical purposes
• Submit data you do not have rights to use
• Use the services to build or improve a competing product or service without written permission

We may suspend or remove access, content, or accounts if we reasonably believe this section has been violated.

13. AI, Technical, and Geological Disclaimers

4Point’s services involve uncertainty. Geological systems are complex, datasets may be incomplete, historical data may contain errors, and AI or machine learning models may produce incorrect, incomplete, biased, or uncertain outputs.

You acknowledge that:

• Outputs are predictions, estimates, rankings, interpretations, or decision-support materials.
• Outputs are not guarantees of mineral discovery, grade, tonnage, continuity, recovery, economic viability, permitting success, financing success, or project value.
• Outputs are not a substitute for drilling, sampling, field validation, qualified-person review, engineering review, legal review, or professional geoscience judgment.
• Outputs are not legal, financial, investment, tax, securities, environmental, permitting, reserve, resource, or regulatory advice.
• Public disclosure of outputs may be subject to NI 43-101, JORC, SK-1300, exchange rules, securities laws, mining laws, and other technical or regulatory requirements.
• You are solely responsible for reviewing, validating, interpreting, and deciding how to use outputs.

4Point is not responsible for decisions made based on outputs unless expressly stated in a signed agreement.

14. Securities & Public Disclosure

You are solely responsible for determining whether and how any deliverables, outputs, maps, predictions, targets, reports, or 4Point-related statements may be used in public disclosures, investor materials, technical reports, press releases, regulatory filings, securities filings, or exchange submissions.

Unless expressly agreed in writing, 4Point does not certify, sign off on, or act as a qualified person for public technical disclosure.

You may not state or imply that 4Point has endorsed a public disclosure, resource estimate, reserve estimate, technical report, feasibility study, valuation, financing, or investment opportunity unless 4Point has approved the statement in writing.

15. Third-Party Services

The services may interoperate with or link to third-party services, including cloud providers, data rooms, analytics tools, payment processors, mapping tools, communication tools, CRMs, file storage services, or client-selected platforms.

4Point is not responsible for third-party services, third-party terms, third-party security, third-party availability, or third-party data handling practices. Your use of third-party services is governed by their own terms and policies.

16. Fees, Payment, and Taxes

Fees, payment schedules, invoicing, deposits, usage charges, royalty arrangements, discounts, subscription fees, project fees, and taxes will be set out in the applicable Order Form. Unless an Order Form says otherwise:

• Fees are due according to payment terms.
• Fees are non-refundable once work has started.
• Late amounts may accrue interest at the maximum rate permitted by law or the rate specified in the Order Form.
• You are responsible for applicable taxes, duties, levies, withholding, and similar charges, excluding taxes based on 4Point’s net income.
• Purchase orders, vendor forms, or procurement terms do not amend these Terms unless accepted by 4Point in writing.

17. Term, Renewal, Suspension & Termination

The term of services will be stated in the applicable Order Form. We may suspend or restrict access if:

• Fees are overdue
• You breach these Terms
• Your use creates security, legal, operational, reputational, or compliance risk
• We are required to do so by law
• We reasonably believe your account or systems have been compromised

Either party may terminate for material breach if the breach is not cured within the cure period stated in the Order Form, or if no cure period is stated, within 30 days after written notice.

Upon termination:

• Your access to the services may end
• Outstanding fees become due
• 4Point may delete or return Client Data according to the applicable agreement and retention practices
• Sections intended to survive will survive, including confidentiality, IP, payment, disclaimers, limitations of liability, indemnity, and dispute provisions

18. Publicity

Unless an Order Form says otherwise, 4Point will not publicly disclose non-public client projects, non-public Client Data, or confidential technical results without permission.

Client names, logos, case studies, press releases, testimonials, public statements, and marketing references may be used only as authorized in an Order Form or otherwise approved in writing.

You may not use 4Point’s name, logo, trademarks, or statements in public materials without written permission.

19. Warranties

Each party represents that it has authority to enter into these Terms and will comply with applicable law. 4Point will perform professional services in a professional and workmanlike manner consistent with generally accepted industry practices for similar services.

Except as expressly stated in these Terms or an Order Form, the services and deliverables are provided “as is” and “as available.” 4Point disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, availability, and error-free operation.

20. Indemnification

You will defend, indemnify, and hold harmless 4Point and its affiliates, officers, directors, employees, contractors, advisors, agents, and representatives from claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from or relating to:

• Client Data
• Your use of the services or deliverables
• Your breach of these Terms
• Your violation of law
• Your violation of third-party rights
• Your public disclosure, filing, financing, investment, drilling, operational, or commercial decisions
• Your failure to verify data or outputs
• Your misuse of 4Point IP
• Your Authorized Users’ acts or omissions

If an Order Form includes different indemnity terms, those terms control.

21. Limitation of Liability

To the maximum extent permitted by law, 4Point will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost business, loss of goodwill, loss of data, loss of mineral rights, loss of project value, financing failure, market losses, drilling costs, exploration losses, or business interruption, even if advised of the possibility of such damages.

To the maximum extent permitted by law, 4Point’s aggregate liability arising out of or relating to the services, deliverables, or these Terms will not exceed the fees paid by you to 4Point for the services giving rise to the claim during the three months before the event giving rise to liability.

The limitations in this section apply regardless of legal theory and even if a remedy fails its essential purpose. Some jurisdictions do not allow certain limitations, so some limitations may not apply.

22. Export Controls, Sanctions & Restricted Jurisdictions

You may not use the services in violation of applicable export control, sanctions, anti-corruption, anti-money laundering, or trade compliance laws. You represent that you are not:

• Located in a jurisdiction where use of the services is prohibited by applicable law
• Identified on any applicable sanctions or restricted party list
• Using the services for a prohibited end use
• Providing access to any person or entity prohibited from using the services

You are responsible for ensuring Client Data and use of deliverables comply with applicable export control and sanctions laws.

23. Changes to the Services or Terms

We may modify the services from time to time, including adding, changing, or removing features. We may update these Terms from time to time. If changes are material, we may provide notice by posting the updated Terms, updating the “Last Updated” date, emailing users, or using another reasonable method. Continued use of the services after changes become effective means you accept the updated Terms.

24. Governing Law & Disputes

These Terms are governed by the laws of Canada, without regard to conflict of law principles.

The parties agree to the exclusive jurisdiction and venue of Toronto, Ontario, unless an Order Form states otherwise.

Before filing a claim, the parties will attempt in good faith to resolve disputes through executive-level discussions.

25. General Terms

These Terms and any applicable Order Form are the entire agreement regarding the subject matter described here, unless a separate signed agreement says otherwise.

You may not assign these Terms without 4Point’s written consent, except as permitted in an Order Form. 4Point may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, restructuring, or sale of assets.

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, power failure, internet failure, cloud provider outage, denial-of-service attack, or other force majeure event.

If any provision is unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship.

26. Contact

1. Information We Collect

1.1 Information you provide to us

You may provide information directly to us when you fill out a form, request a demo, proposal, scoping call, or technical review, create or use an account, upload, share, or submit files, communicate with us, subscribe to updates, apply for a job or partnership, or enter into or perform a contract with us.

This information may include:

• Name
• Business email address
• Phone number
• Company name
• Job title
• Business address
• Country or region
• Account credentials
• Billing and payment-related information
• Communication history
• Proposal, procurement, onboarding, or support information
• Any other information you choose to provide

1.2 Information collected automatically

When you use our websites or online services, we may automatically collect IP address, device identifiers, browser type and settings, operating system, referring and exit pages, pages viewed, time and date of visits, approximate location derived from IP address, cookie identifiers, log data, usage, diagnostic, and performance data, and security event data.

We use this information to operate our services, understand site usage, improve performance, secure our systems, and support marketing and analytics.

1.3 Client project data

In connection with client engagements, clients may provide technical, geological, geospatial, commercial, or operational information (“Client Data”). Client Data may include drillhole data, assays, geochemistry, geophysics, geological models, lithology, alteration, mineralization and structural data, core photos and imagery, satellite, remote sensing, topographic and GIS data, maps, shapefiles, rasters, meshes, block models and coordinates, historical reports and technical disclosures, project metadata, exploration targets and interpretations, and confidential business, financing, ownership, claims, land, royalty, or operational information.

Client Data is generally not Personal Information. However, Client Data may include Personal Information in some cases. Where Personal Information is included in Client Data, the client is typically the controller or business responsible for that Personal Information, and 4Point acts as a processor, service provider, or equivalent role, as applicable law describes those roles.

1.4 Information from third parties and public sources

We may collect information from public and third-party sources, including company websites, public filings, technical reports and public mining disclosures, government geological surveys and public registries, conference attendee lists where lawfully available, business contact databases, social media and professional networks, referral partners, and clients, vendors, advisors, and ecosystem partners.

We use this information for business development, project scoping, compliance, diligence, outreach, and relationship management.

1.5 Cookies and similar technologies

We may use cookies, pixels, local storage, software development kits, and similar technologies to operate our websites, remember preferences, improve site performance, understand site traffic, measure marketing effectiveness, secure our services, and support analytics and diagnostics.

2. How We Use Information

We use Personal Information and related business information to:

• Provide, operate, secure, and improve our websites and services
• Create and manage accounts and authenticate users
• Provide demos, proposals, onboarding, support, and client success
• Process contracts, payments, invoices, taxes, and procurement requirements
• Perform data transformation, modeling, visualization, reporting, and technical services
• Host dashboards, reports, models, and deliverables
• Communicate about projects, support, product updates, events, and opportunities
• Send marketing communications where permitted
• Analyze website, platform, and service usage
• Improve product functionality, workflows, model performance, and user experience
• Conduct security monitoring, fraud prevention, debugging, and incident response
• Manage referrals, partnerships, vendors, advisors, and recruiting
• Comply with legal, regulatory, sanctions, export control, tax, accounting, and contractual obligations
• Enforce our agreements and protect our rights
• Support corporate transactions, financing, diligence, restructuring, or similar business activities

3. How We Treat Client Data

4Point understands that mining and earth-science datasets can be highly confidential, commercially sensitive, and competitively important. Unless otherwise agreed in writing:

• Clients retain ownership of Client Data.
• 4Point uses Client Data only to provide, secure, support, improve, and perform the services requested by the client.
• 4Point does not sell Client Data.
• 4Point does not publicly disclose Client Data without permission.
• 4Point does not use client confidential project data to train public third-party foundation models without explicit client permission.
• 4Point may process Client Data through secure internal tools, cloud infrastructure, and approved service providers as needed to provide the services.
• 4Point may use aggregated, anonymized, or de-identified information to improve products, workflows, models, performance, and security, provided the information does not identify the client, project, dataset, deposit, coordinates, or confidential business information.
• 4Point may retain limited copies, logs, backups, and records as required for security, compliance, dispute resolution, accounting, legal obligations, or legitimate business purposes.

Client-specific obligations may be further described in an MSA, SOW, NDA, DPA, security exhibit, or data handling document.

4. Artificial Intelligence & Machine Learning Processing

4Point uses AI, machine learning, statistical modeling, geospatial analytics, and related computational methods to provide technical services. We may process Client Data and related project information to:

• Transform and standardize data
• Train or configure project-specific models
• Generate predictions, uncertainty estimates, rankings, maps, dashboards, visualizations, reports, and target packages
• Evaluate model performance
• Improve internal workflows and quality assurance
• Support technical review and client deliverables

4Point’s AI and machine learning outputs are decision-support tools. They are not guarantees of mineral discovery, grade, tonnage, economic viability, permitting success, financing success, public-market performance, resource estimates, reserve estimates, or regulatory compliance. Clients remain responsible for independent verification, technical review, drilling decisions, disclosure decisions, and use of outputs.

5. Legal Bases for Processing

Where applicable law requires a legal basis for processing Personal Information, we rely on one or more of the following:

• Performance of a contract
• Consent
• Legitimate business interests
• Compliance with legal obligations
• Protection of rights, safety, security, and fraud prevention
• Establishment, exercise, or defense of legal claims

6. How We Share Information

We may share Personal Information and related business information with:

• Affiliates and subsidiaries
• Hosting and cloud infrastructure providers
• Analytics, CRM, email, marketing, support, and communications tools
• Payment processors, billing systems, tax, accounting, and procurement providers
• Security, monitoring, logging, and incident response providers
• Professional advisors, including lawyers, accountants, auditors, insurers, and consultants
• Vendors, contractors, and subprocessors who help us provide the services
• Business partners or referral partners where you have requested or authorized the interaction
• Government, regulatory, law enforcement, or other parties where required by law or reasonably necessary to protect rights, safety, security, or property
• Counterparties in a merger, acquisition, financing, reorganization, sale of assets, insolvency, or similar corporate transaction

We require service providers to use information only as needed to perform services for us and to protect information using appropriate safeguards. We do not sell Personal Information as a standalone commercial product.

7. International Data Transfers

4Point may process and store information in Canada, the United States, and other countries where we, our affiliates, or our service providers operate. These countries may have privacy laws different from those in your jurisdiction. Where required, we use appropriate transfer mechanisms, contractual protections, and safeguards for international transfers of Personal Information.

8. Security

We use commercially reasonable technical, organizational, and administrative safeguards designed to protect information from unauthorized access, disclosure, alteration, loss, or misuse. These safeguards may include:

• Access controls
• Encryption in transit and at rest where appropriate
• Authentication controls
• Logging and monitoring
• Segregated client workspaces where appropriate
• Least-privilege access practices
• Confidentiality obligations for personnel and contractors
• Vendor diligence and contractual safeguards
• Backup, incident response, and recovery practices

No system can be guaranteed to be perfectly secure. Clients are responsible for maintaining the confidentiality of their account credentials and for using appropriate security practices when accessing our services.

9. Retention

We retain Personal Information and Client Data for as long as reasonably necessary to provide the services, maintain accounts, perform contracts, support client projects, comply with legal, tax, accounting, regulatory, and contractual obligations, resolve disputes, enforce agreements, maintain security and audit logs, and support backups and business continuity.

Specific retention periods may be set out in an applicable agreement, SOW, DPA, data handling document, or written deletion request. When information is no longer needed, we will delete, anonymize, de-identify, or securely dispose of it in accordance with our retention practices and applicable law.

10. Your Privacy Rights

Depending on your location, you may have rights to:

• Request access to your Personal Information
• Request correction of inaccurate Personal Information
• Request deletion of Personal Information
• Object to certain processing
• Restrict certain processing
• Request portability of Personal Information
• Withdraw consent where processing is based on consent
• Opt out of certain marketing communications
• Appeal or complain to a privacy regulator where applicable

To exercise rights, contact us at service@4point.ai. We may need to verify your identity before responding. If your Personal Information is included in Client Data controlled by one of our clients, we may direct your request to that client or respond according to the client’s instructions.

11. Marketing Communications

You may unsubscribe from marketing emails by using the unsubscribe link in the email or by contacting us at service@4point.ai. We may still send non-marketing communications related to accounts, projects, security, transactions, contracts, or support.

12. Children’s Privacy

Our services are intended for business users and are not directed to children. We do not knowingly collect Personal Information from children under 18.

13. Third-Party Websites & Services

Our websites and communications may link to third-party websites, platforms, tools, social networks, or services. We are not responsible for the privacy, security, or content practices of third parties. Your use of third-party services is governed by their own terms and policies.

14. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will update the “Last Updated” date and may provide additional notice where required by law or where we believe the changes materially affect your rights or use of our services.

15. Contact