AgEarth — Terms of Service & Privacy Policy

Effective date: 30 July 2026 Last updated: 30 July 2026

This document contains two parts, which together govern your use of the AgEarth application, websites, native applications, and services (the "Service"), operated by DAVCO OptiSurface Pty Ltd (ABN 31 155 483 471; ACN 155 483 471), of Ashmore, Queensland 4214, Australia ("AgEarth", "we", "us", or "our"):

• Part A — Terms of Service — the agreement governing your access to and use of the Service.
• Part B — Privacy Policy — how we collect, use, disclose, and protect personal information.

By creating an account, accessing, or using the Service, you agree to both parts.

Part A — Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("you", "your", or "User") and DAVCO OptiSurface Pty Ltd (ABN 31 155 483 471; ACN 155 483 471), of Ashmore, Queensland 4214, Australia ("AgEarth", "we", "us", or "our"), the operator of the Service.

PLEASE READ THESE TERMS CAREFULLY. By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy (Part B below), which is incorporated by reference. If you do not agree, do not access or use the Service. Sections 4, 5, and 6 (confidentiality, competitive-use restrictions, and feedback) and Section 15 (equitable relief) contain important restrictions — please read them in full.

1. About the Service

AgEarth is a browser-based and application-based tool for farm earthworks analysis and land-forming design. It lets you import survey and terrain data, define zones and design features, run cut/fill, drainage, water-flow, levee, ditch, haul, and related calculations, visualise results in 3D, and export designs and reports.

The Service is a decision-support and design tool. It produces engineering and agronomic estimates based on the data you supply and on modelling assumptions. It is not a substitute for professional surveying, agronomic, engineering, hydrological, or legal advice. See Sections 10 and 11.

2. Eligibility and accounts

2.1 You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. The Service is not directed to children.

2.2 To access most features you must create an account using a valid email address and password. You are responsible for:

• providing accurate, current account information;
• keeping your login credentials confidential; and
• all activity that occurs under your account.

2.3 Notify us promptly at support@optisurface.com if you suspect any unauthorised use of your account. We are not liable for loss arising from your failure to safeguard your credentials.

2.4 You must not share your account or credentials with, or allow access to the Service by, any other person, and in particular you must not provide access to any Competitor (as defined in Section 5). We may offer access through resellers, dealers, or organisation administrators; where your account is provisioned or managed by such a party, that party may have administrative rights over your account and access to projects created under it.

2.5 Anti-competitor eligibility. You represent, warrant, and agree — each time you access the Service — that you are not a Competitor, are not acting on behalf of or for the benefit of a Competitor, and are not accessing the Service to design, develop, or assist a Competing Product (each as defined in Section 5). We may refuse, suspend, or terminate access where we reasonably believe this representation is untrue.

3. Licence to use the Service

3.1 Subject to these Terms and to any applicable credit, subscription, or licence limits, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal business or personal land-management purposes only.

3.2 All right, title, and interest in and to the Service — including its software, source code, design outputs' underlying methods, calculation and optimisation logic, algorithms, data models, user interface, workflows, look and feel, text, graphics, and all intellectual property — is and remains owned by us or our licensors. Except for the limited licence in Section 3.1, no rights are granted to you, whether by implication, estoppel, or otherwise. This licence does not transfer any ownership.

3.3 General restrictions and the specific confidentiality and competitive-use restrictions in Sections 4, 5, and 6 apply to all use of the Service. Without limiting those Sections, you must not, and must not permit anyone else to:

• resell, sublicense, rent, lease, or commercially exploit the Service except as expressly authorised in writing;
• circumvent, disable, or interfere with security, credit, licensing, authentication, or usage-metering features;
• upload malicious code, or use the Service in any way that overloads, disrupts, or impairs it or other users' access; or
• use the Service in violation of any applicable law or third-party right.

4. Confidential Information and trade secrets

4.1 Definition. "Confidential Information" means all non-public information relating to the Service or our business that you access, observe, or derive through the Service, including in particular: the Service's internal methods, calculation and design algorithms, optimisation and solver logic and formulations, data structures and schemas, source and object code, non-public or unreleased features and functionality, performance characteristics, error and debug output, product roadmap, non-public pricing, and any other information that is not generally available to the public and that a reasonable person would understand to be confidential — whether or not it is marked or described as confidential. Confidential Information includes information that constitutes a trade secret under applicable law.

4.2 Trade secrets. You acknowledge that the Service's internal methods, optimisation logic, calculation and design algorithms, and non-public features are valuable trade secrets in which we have invested substantial time and resources, that they derive independent economic value from not being generally known or readily ascertainable, and that we take reasonable measures to keep them secret (including these Terms). You must not misappropriate, and must take reasonable steps to protect, these trade secrets.

4.3 Obligations. You must:

• hold Confidential Information in strict confidence;
• use it solely to use the Service for its intended purpose under Section 3.1;
• not disclose, publish, or make it available to any third party (and in particular to any Competitor) without our prior written consent; and
• protect it using at least the same degree of care you use for your own confidential information, and no less than a reasonable degree of care.

4.4 Exclusions. Confidential Information does not include information that: (a) is or becomes public other than through your act or omission or breach of these Terms; (b) you can show was rightfully known to you, free of any confidentiality obligation, before disclosure through the Service; (c) is rightfully received from a third party who was free to disclose it; or (d) you independently developed without any use of or reference to the Confidential Information. If you are legally compelled to disclose Confidential Information, you must (where lawful) give us prompt notice and reasonable cooperation so we can seek protective treatment, and disclose only the minimum required.

4.5 Survival. Your obligations under this Section survive termination and continue for so long as the information remains confidential and, for trade secrets, for as long as they remain trade secrets under applicable law.

5. Restrictions on competitive use, copying, and data extraction

You agree to the following restrictions, which are fundamental to this agreement and reflect the parties' recognition of our legitimate interest in protecting our intellectual property, trade secrets, and substantial investment in the Service.

5.1 Definitions.

• "Competing Product" means any product, service, tool, module, or feature — existing or in development — that provides land-forming, land-levelling, grading, earthworks, drainage, water-management, terrain, or surface design, analysis, or optimisation functionality, or that otherwise competes, in whole or in part, with the Service.
• "Competitor" means any person or entity that develops, markets, sells, distributes, funds, or intends to develop a Competing Product, together with its owners, employees, contractors, agents, and affiliates.

5.2 No competing use. You must not use the Service, its outputs, or any Confidential Information, know-how, ideas, techniques, or observations gained from the Service, to design, develop, improve, specify, fund, market, or otherwise assist (directly or indirectly) any Competing Product, or to enable any person to do so.

5.3 No copying or imitation. You must not copy, reproduce, imitate, adapt, or create derivative works from any part of the Service or its outputs, including its features, functionality, user interface, screen layouts, workflows, "look and feel", terminology, calculation and optimisation methods, algorithms, data models, or the form or content of its designs, surface models, and reports.

5.4 No scraping or data extraction. You must not scrape, harvest, crawl, index, extract, copy, or systematically collect — by any manual or automated means — designs, surface models, calculation results or methods, interface elements or workflows, or any other content, data, or output of or from the Service, except to export your own User Content using the Service's built-in export features for your own internal use.

5.5 No benchmarking or competitive analysis. You must not access or use the Service to benchmark it, to monitor its availability, performance, or functionality, or to conduct competitive analysis, feature analysis, or reverse-engineering of its methods, in each case for the benefit of a Competing Product; nor may you publish or disclose any such analysis, without our prior written consent.

5.6 No reverse engineering. You must not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, optimisation logic, or non-public methods of the Service, except and only to the extent that this restriction is expressly prohibited by applicable law (for example, limited rights of decompilation for interoperability that cannot be excluded by contract).

5.7 No facilitation. You must not provide any Competitor, or any person developing a Competing Product, with access to the Service, or with credentials, screenshots, screen or video recordings, exported files, or descriptions of the Service's non-public features, methods, or workflows, and must not act as a conduit or intermediary enabling such access or copying.

5.8 No AI/model training. You must not use the Service or its outputs to train, develop, or validate any machine-learning model, algorithm, or system intended or reasonably likely to replicate or compete with the Service's functionality, methods, or outputs.

5.9 Read-down of restraints. You acknowledge that the restraints in this Section and in Section 4 are reasonable and necessary to protect our legitimate interests. If a court finds any restraint unenforceable because of its scope, duration, or territory, the parties intend that it be read down, and the court is authorised to read it down, to the extent necessary to be valid and enforceable, rather than struck out; each restraint operates as a separate and severable obligation.

6. Feedback

If you provide us with suggestions, ideas, feature requests, or other feedback about the Service ("Feedback"), you agree that we may use it without restriction or obligation to you, and you assign to us all right, title, and interest in and to that Feedback and any improvements to the Service based on it. You are not entitled to any compensation, attribution, or ownership claim in respect of Feedback or of any feature, method, or functionality of the Service, regardless of whether it resembles something you suggested.

7. Your data and content

7.1 Ownership. As between you and us, you retain all rights in the survey data, field boundaries, imagery, designs, project files, and other content you create, upload, or import ("User Content"). We do not claim ownership of your User Content. For clarity, ownership of your User Content does not give you any rights in the Service's methods, algorithms, optimisation logic, or software used to process it.

7.2 Licence to us. You grant us a worldwide, non-exclusive licence to host, store, copy, transmit, process, and display your User Content solely to operate, maintain, secure, support, and improve the Service and to provide it to you and to those you authorise. This licence ends when your User Content is deleted, except for residual copies retained in backups for a limited period or as required by law.

7.3 Your responsibility. You represent that you have all necessary rights to your User Content and that its upload and use through the Service does not infringe any third party's rights or violate any law. You are responsible for the accuracy of the data you supply; the quality of the Service's outputs depends on it.

7.4 Sharing. The Service includes features that let you share projects via links or with other users or organisations. You are responsible for what you choose to share and with whom, and you must not use sharing features to circumvent Sections 4, 5, or 6.

7.5 Backups. While we take reasonable measures to store and protect your data, you are responsible for maintaining your own independent backups of important User Content. We are not a backup service.

8. Third-party services and integrations

8.1 The Service relies on and integrates with third-party services, including but not limited to Google Firebase (authentication, database, and file storage), Google Maps Platform, Mixpanel (analytics and session analytics), and optional integrations such as John Deere Operations Center and connected survey/GPS hardware.

8.2 Your use of an integration (for example, connecting a John Deere Operations Center account or a hardware device) may be governed by that third party's own terms and privacy practices, and may involve sharing data with, or importing data from, that third party. We are not responsible for third-party services, their availability, or their handling of data. See the Privacy Policy (Part B below) for details of the third parties involved.

8.3 We do not guarantee the accuracy, completeness, or continued availability of any third-party data source, map layer, base imagery, or elevation dataset used in or alongside the Service.

9. Credits, billing, and refunds

9.1 Credit / licensing model. Certain features (for example, unlocking or finalising a design calculation) consume credits or require an active licence or subscription. Credit balances and licence status are recorded against your account.

9.2 How you pay. Credits, licences, or subscriptions may be purchased directly from us through a third-party payment processor, and/or through authorised resellers or dealers. Where you purchase through a reseller or dealer, that reseller or dealer is the merchant of record and its terms, pricing, and policies govern the purchase; any refund or billing dispute for such purchases must be raised with that reseller.

9.3 Payment processing. We do not store full payment-card details. Direct payments are processed by our third-party payment processor, whose terms and privacy policy apply to the payment transaction.

9.4 Non-refundable. Except where a refund is required by mandatory law (including the Australian Consumer Law or other applicable consumer-protection law): all purchases of credits, licences, and subscriptions are final and non-refundable, credits are not redeemable for cash, and we do not provide credit or refunds for unused credits, for periods of unavailability or downtime, or for results you are dissatisfied with. Nothing in this Section limits any non-excludable statutory right or guarantee you may have.

9.5 Pricing and taxes. Prices may change on a prospective basis. You are responsible for any taxes, duties, or levies associated with your purchase, except taxes on our income.

9.6 Expiry and suspension. We may expire credits or suspend access where required by these Terms, for non-payment, or where an account is inactive for an extended period, in each case to the extent permitted by law.

10. Disclaimers regarding outputs and professional advice

10.1 The Service generates estimates, models, and design suggestions using algorithms, heuristics, and the data you provide. Outputs are indicative only. Actual field conditions, soil behaviour, water flow, volumes, slopes, and construction results may differ materially from modelled results.

10.2 You are solely responsible for independently reviewing, verifying, and validating any design, calculation, quantity, or recommendation produced by the Service before relying on it, acting on it, or performing any physical earthworks or construction. Where appropriate, you must obtain review by a suitably qualified surveyor, agronomist, or engineer, and obtain any permits, approvals, or clearances required by law (including for drainage, water discharge, environmental, and land-use matters).

10.3 You are responsible for compliance with all laws applicable to your earthworks, water management, and land use, and for the safe and lawful execution of any works. We are not responsible for physical works carried out based on outputs of the Service.

11. Warranties and disclaimers

11.1 To the maximum extent permitted by law, the Service and all data and outputs are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

11.2 We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected, or that outputs will be accurate or reliable.

11.3 Consumer law. If you are a consumer in a jurisdiction whose laws (such as the Australian Consumer Law) imply guarantees, warranties, or rights that cannot lawfully be excluded, those guarantees apply and nothing in these Terms excludes, restricts, or modifies them. Where we are permitted to limit our liability for breach of such a guarantee, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of having it re-supplied.

12. Limitation of liability

12.1 To the maximum extent permitted by law, and subject to Section 11.3, we and our officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, crops, yield, business, goodwill, or anticipated savings, or for any loss arising from earthworks, construction, drainage, flooding, or crop outcomes, however caused, even if advised of the possibility.

12.2 To the maximum extent permitted by law and subject to Section 11.3, our total aggregate liability arising out of or relating to the Service and these Terms is limited to the greater of (a) the total amounts you paid to us for the Service in the twelve (12) months before the event giving rise to the liability, or (b) AUD $100.

12.3 These limitations apply regardless of the legal theory (contract, tort, negligence, statute, or otherwise) and reflect a reasonable allocation of risk. For the avoidance of doubt, the caps in this Section do not apply to your liability under Sections 4, 5, 6, or 14.

13. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless AgEarth and its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms (including Sections 4, 5, and 6) or violation of any law or third-party right; or (d) any physical works or decisions you make based on outputs of the Service.

14. Suspension and termination

14.1 You may stop using the Service at any time and may request deletion of your account as described in the Privacy Policy.

14.2 We may suspend or terminate your access immediately and without notice if we reasonably believe you have breached Section 4, 5, or 6, or otherwise with or without notice if you breach these Terms, if required for security, legal, or technical reasons, or if we discontinue the Service. Where reasonable and lawful, we will give you notice.

14.3 On termination, your licence to use the Service ends and you must cease all use of, and destroy any copies of, our Confidential Information in your possession or control. Sections that by their nature should survive — including Sections 3.2, 4, 5, 6, 7.1, 9.4, 10–13, 15, 16, and 18 — survive termination. We may delete your User Content after termination in accordance with our retention practices; you are responsible for exporting anything you wish to keep beforehand.

15. Equitable relief and remedies

You acknowledge that a breach or threatened breach of Section 4 (confidentiality), Section 5 (competitive-use restrictions), or Section 6 (feedback) would cause us serious and irreparable harm that could not be adequately compensated by damages alone. Accordingly, in addition to any other remedy available at law, we are entitled to seek injunctive relief, specific performance, and other equitable remedies to prevent or stop such a breach, without the need to post any bond or security and without having to prove actual damage. We may also seek an account of profits derived from the breach. Our remedies are cumulative and not exclusive.

16. Changes to the Service and to these Terms

16.1 We may modify, add, or remove features of the Service at any time, including beta or experimental features that may change or be withdrawn without notice.

16.2 We may update these Terms from time to time. When we do, we will update the "Last updated" date and, for material changes, take reasonable steps to notify you (for example, in-app notice or email). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

17. Governing law and jurisdiction

17.1 These Terms are governed by the laws of the State of Queensland, Australia and the Commonwealth laws of Australia applicable there, without regard to conflict-of-laws rules. (Adjust to the State/Territory in which the operating entity is registered.)

17.2 You submit to the non-exclusive jurisdiction of the courts of that State and the courts competent to hear appeals from them. A non-exclusive clause allows either party to bring proceedings in another jurisdiction where required, including to enforce a judgment or to seek urgent injunctive relief under Section 15.

17.3 Nothing in this Section deprives you of the protection of mandatory consumer-protection laws of the country in which you reside where those laws apply to you and cannot be excluded by agreement.

18. General

18.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.

18.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary (and, for restraints, read down as provided in Section 5.9), and the remaining provisions remain in force.

18.3 No waiver. Our failure to enforce a provision is not a waiver of it.

18.4 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

18.5 Force majeure. We are not liable for delay or failure to perform due to causes beyond our reasonable control.

18.6 Notices. We may give notices via the Service or to your account email. Legal notices to us should be sent to support@optisurface.com.

19. Contact

DAVCO OptiSurface Pty Ltd Ashmore, Queensland 4214, Australia Email: support@optisurface.com

Part B — Privacy Policy

This Privacy Policy explains how DAVCO OptiSurface Pty Ltd (ABN 31 155 483 471; ACN 155 483 471), of Ashmore, Queensland 4214, Australia ("AgEarth", "we", "us", "our") collects, uses, discloses, and protects personal information when you use the Service.

We handle personal information in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, and — where they apply to you — other data-protection laws including the EU/UK General Data Protection Regulation (GDPR) and US state privacy laws. This Policy forms part of, and should be read with, our Terms of Service (Part A above).

1. Who is responsible for your data

For the purposes of the GDPR and similar laws, DAVCO OptiSurface Pty Ltd is the data controller for personal information processed through the Service. Where you access AgEarth through a reseller, dealer, or organisation account, that party may also act as a controller of certain data and its own privacy policy may apply.

Contact for privacy matters: support@optisurface.com.

2. Information we collect

2.1 Information you provide

• Account information — your email address and password (stored in hashed/encrypted form via our authentication provider), and any name, organisation, or contact details you supply.
• Project and organisational structure — the organisation, client, farm, field, and project names and hierarchy you create.
• Support communications — messages, feedback, and correspondence you send us.

2.2 Project and field data you import or create ("User Content")

The Service is designed to process farm and terrain data. This can include:

• Precise geographic location data — survey points, GPS coordinates, latitude/longitude, elevation and topography, field boundaries, breaklines, benchmarks, and design geometry;
• Geo-referenced imagery and raster/vector files you import (e.g. GeoTIFF, SHP, GeoJSON, .ags/.age files);
• Design and analysis data — zones, cut/fill, drainage, water-flow, levee, ditch, haul, and volume results.

Where any of this data can be linked to an identifiable individual (for example, a landholder), it is treated as personal information under this Policy.

2.3 Data from connected devices and integrations

• Survey and GPS hardware you connect via Bluetooth, Wi-Fi, serial, or a network gateway (e.g. the HF2221A) may transmit positional and device data into the Service.
• John Deere Operations Center (optional, user-initiated): if you connect your account, we import organisation, client, farm, field, and operations data you authorise, using OAuth. We access this only at your direction.

2.4 Information collected automatically

• Usage and analytics data via Mixpanel — events such as logins, file opens, calculations, unlocks, and exports, together with associated properties that may include project/file identifiers and the approximate latitude/longitude of the project area, and your email used as an analytics identifier.
• Session analytics / session replay — on our production site, Mixpanel session recording may capture how you interact with the interface, including snapshots of the on-screen canvas, to help us diagnose issues and improve usability. Recording is disabled by default and started only on the production domain; it excludes certain internal accounts.
• Device and technical data — browser type, device and operating system, approximate location derived from IP, and log data.
• Local storage — we use cookies, localStorage, and IndexedDB for authentication (encrypted tokens), preferences, offline/PWA caching, and locally cached project versions. See Section 6.

2.5 Payment information

If you purchase credits, licences, or subscriptions directly, payment is handled by a third-party payment processor. We do not store full card numbers. If you purchase through a reseller or dealer, that party handles your payment data under its own policy.

3. How we use your information

We use personal information to:

• provide, operate, secure, and maintain the Service and your account;
• store, process, and display your User Content and run the calculations you request;
• manage credits, licensing, billing, and access;
• provide customer support and respond to your enquiries;
• understand usage, diagnose problems, and improve and develop the Service (analytics and session analytics);
• send service-related communications (e.g. security, billing, or material changes);
• detect, prevent, and address fraud, abuse, security, and technical issues; and
• comply with legal obligations and enforce our Terms.

We do not sell your personal information.

4. Legal bases for processing (where GDPR/UK-GDPR applies)

Where the GDPR or UK-GDPR applies, we rely on:

• Contract — to provide the Service you have signed up for;
• Legitimate interests — to secure, analyse, and improve the Service, and to communicate with you, balanced against your rights;
• Consent — for optional analytics/session recording and certain cookies, and for connecting optional integrations (you may withdraw consent at any time); and
• Legal obligation — to comply with applicable law.

5. How we share and disclose information

We share personal information only as needed to run the Service and as described below. Our key service providers ("sub-processors") include:

We may also disclose personal information:

• to resellers, dealers, or organisation administrators who manage your account;
• to other users you choose to share projects or links with;
• where required by law, legal process, or to protect rights, safety, and property; and
• in connection with a business transfer (merger, acquisition, or asset sale), subject to this Policy.

6. Cookies, local storage, and tracking

We use:

• Essential cookies/storage for authentication, security, and core functionality (including encrypted auth tokens and offline PWA caching) — these are required for the Service to work; and
• Analytics technologies (Mixpanel) for usage analytics and session analytics.

You can control cookies through your browser settings, and you may opt out of analytics tracking where offered (the Service supports opting out of Mixpanel tracking). Blocking essential storage may prevent the Service from functioning.

7. International data transfers

We are based in Australia and use service providers (including Google and Mixpanel) that operate globally. Your personal information may be stored or processed in countries other than your own, including the United States. Where we transfer personal information internationally, we take reasonable steps to ensure it is protected consistently with this Policy and applicable law (for example, using recognised transfer mechanisms such as standard contractual clauses where required).

8. Data security

We use reasonable technical and organisational measures to protect personal information, including encrypted authentication tokens, access controls, and reliance on reputable infrastructure providers. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security. You are responsible for keeping your credentials confidential and for maintaining your own backups of important User Content.

9. Data retention

• Account and project data is retained while your account is active and for as long as needed to provide the Service.
• Locally cached project versions persist in your browser/device storage until cleared.
• Analytics data is retained for as long as needed for the purposes in Section 3, subject to provider retention settings.
• Backups and logs are retained for a limited period.

We retain personal information longer where required to comply with legal, tax, accounting, or dispute-resolution obligations. When no longer required, we delete or de-identify it.

10. Your rights and choices

Subject to applicable law, you may:

• access and request a copy of your personal information;
• request correction of inaccurate information;
• request deletion of your account and personal information;
• export your User Content using the Service's export features;
• object to or request restriction of certain processing, and withdraw consent (e.g. to analytics or an integration); and
• lodge a complaint — in Australia, with the Office of the Australian Information Commissioner (OAIC); in the EU/UK, with your local supervisory authority.

Residents of the EU/UK, California, and certain other jurisdictions may have additional rights (including, in California, the right to know, delete, correct, and to not be discriminated against for exercising rights). We do not sell or "share" personal information as those terms are defined under US state privacy laws.

To exercise any right, contact support@optisurface.com. We will verify your identity and respond within the time required by applicable law. If your data is managed by a reseller or organisation administrator, we may direct your request to them.

11. Children's privacy

The Service is intended for professional and business use and is not directed to children under 16. We do not knowingly collect personal information from children. If you believe a child has provided us personal information, contact us and we will delete it.

12. Automated processing

The Service's calculations and design suggestions are generated by algorithms and models. These outputs are indicative and advisory only and do not produce legal or similarly significant decisions about you automatically; you are responsible for reviewing and validating outputs before relying on them (see Part A — Terms of Service).

13. Third-party links and data

The Service may link to or incorporate third-party sites, map layers, and datasets. Their privacy practices are governed by their own policies, and we are not responsible for them.

14. Changes to this Policy

We may update this Policy from time to time. We will update the "Last updated" date and, for material changes, take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance of the updated Policy.

15. Contact us

For privacy questions, requests, or complaints:

DAVCO OptiSurface Pty Ltd — Privacy Officer Ashmore, Queensland 4214, Australia Email: support@optisurface.com