1. Acceptance of Terms
By accessing or using the SESMine platform ("Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to:
- Individual users and account holders
- Corporate entities and organizations
- Consultants and service providers
- Third-party integrators and API users
Important Notice
You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service.
2. Services Description
SESMine provides a comprehensive mining management platform that includes:
Engineering Solutions
Mine planning, design, geology, and resource estimation tools
Economic Analysis
Financial modeling, valuation, and market intelligence
Operations Management
Production tracking, fleet management, and maintenance
Analytics & BI
Real-time dashboards, predictive analytics, and reporting
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
3. User Accounts
3.1 Account Registration
To access certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use
3.2 Account Responsibilities
You are responsible for all activities that occur under your account. You agree not to:
- Share your account credentials with others
- Use another user's account without permission
- Create multiple accounts for fraudulent purposes
- Impersonate any person or entity
4. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
Prohibited Activities
- • Violate any applicable laws or regulations
- • Infringe on intellectual property rights
- • Transmit malware, viruses, or harmful code
- • Engage in data mining or scraping without permission
- • Interfere with or disrupt the Service
- • Attempt to gain unauthorized access to systems
- • Use the Service for competitive analysis
- • Reverse engineer or decompile the platform
Content Restrictions
- • Upload false, misleading, or fraudulent content
- • Share confidential information without authorization
- • Post offensive, defamatory, or harmful content
- • Violate privacy rights of others
Enforcement
We reserve the right to investigate violations and take appropriate action, including suspension or termination of accounts, without prior notice.
5. Intellectual Property Rights
5.1 Our Property
The Service and its original content, features, and functionality are owned by SESMine and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks and trade dress may not be used without our prior written consent.
5.2 Your Content
You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:
- Use, reproduce, and display your content to provide the Service
- Create derivative works for service improvement
- Generate anonymized analytics and insights
5.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service become our property, and we may use them without restriction or compensation.
6. Payment Terms
6.1 Subscription Fees
Access to certain features requires a paid subscription. You agree to pay all fees according to the pricing plan you selected.
6.2 Billing
- Subscriptions are billed in advance on a monthly or annual basis
- Automatic renewal unless cancelled before the renewal date
- All fees are non-refundable except as required by law
- We reserve the right to change pricing with 30 days notice
6.3 Payment Methods
We accept major credit cards, wire transfers, and other payment methods as specified. You authorize us to charge your payment method for all fees incurred.
6.4 Taxes
All fees are exclusive of applicable taxes (VAT, sales tax, etc.). You are responsible for paying all taxes associated with your use of the Service.
7. Warranties and Disclaimers
7.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free operation
7.2 No Professional Advice
The Service provides information and tools but does not constitute professional engineering, financial, legal, or safety advice. You should consult qualified professionals for specific guidance.
Critical Operations Warning
The Service is not designed for use in life-critical or safety-critical applications. Use in such contexts is at your own risk.
8. Limitation of Liability
IMPORTANT LEGAL NOTICE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SESMINE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Business interruption or system failures
- Errors, omissions, or inaccuracies in content
- Unauthorized access to your data
Our total liability to you for all claims arising from or related to the Service shall not exceed the greater of:
- The amount you paid us in the 12 months preceding the claim, or
- $100 USD
9. Indemnification
You agree to indemnify, defend, and hold harmless SESMine and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your User Content
- Any negligent or wrongful conduct by you
10. Termination
10.1 Termination by You
You may terminate your account at any time by contacting us or using the account closure feature. Upon termination, your right to access the Service will immediately cease.
10.2 Termination by Us
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:
- Breach of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Violation of acceptable use policy
10.3 Effect of Termination
Upon termination, all rights granted to you will cease immediately. We may delete your data after a reasonable retention period. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
11. Governing Law & Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
11.2 Dispute Resolution
Any disputes arising from these Terms or the Service shall be resolved through:
1. Informal Negotiation
Contact us at legal@sesmine.com to attempt resolution (30 days)
2. Mediation
If unresolved, binding mediation in San Francisco, CA
3. Arbitration
Final binding arbitration under AAA Commercial Arbitration Rules
11.3 Class Action Waiver
You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.
12. Contact Information
For questions about these Terms of Service:
Mailing Address
SESMine Corporation
Legal Department
123 Mining Plaza, Suite 400
San Francisco, CA 94102
United States
Additional Legal Documents
Acknowledgment
By using the SESMine platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please discontinue use of the Service immediately.
Effective Date: January 30, 2026