Effective Date: October 2026. Published by SoliEarth Infrastructure Systems Inc.
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Contractor", "You") and SoliEarth Infrastructure Systems Inc. ("SoliEarth", "Company") governing your access to and use of DirtCount™ (dirtcount.com), including any associated web applications, mobile field applications, and pilot services.
DirtCount™ is designed to calculate quantities and costs accurately from confirmed inputs, preserve approval records, enforce role and tenant access boundaries, expose missing or pending data visibly, and support reliable data export and recovery. Within this workflow, automated or AI-assisted document readings, candidate ticket matches, quantity summaries, unit conversions (including BCM, LCM, CCM, and weight-to-volume factors), historical production benchmarks, and decision-calculator comparisons are proposals requiring scoped review and approval by authorized Contractor personnel. Specifically: (a) tender document and addendum coverage must be reviewed by the Estimator of Record against official contract documents prior to bid submission; (b) ticket weight confirmation, cost-account allocation, supplier charge acceptance, and payment authorization represent distinct approval decisions governed by Contractor-approved accounting rules; (c) 5:00 PM operational cost flash reports display confirmed costs, estimated pending costs, and unresolved exposure as management summaries rather than audited GAAP/IFRS financial statements; and (d) email or portal transmission logs record delivery evidence separately from formal contractual notice acknowledgment under the prime contract.
SoliEarth Infrastructure Systems Inc. is a software provider and does not act as an Engineer of Record (P.Eng. / P.Geo.), Land Surveyor, Licensed Blaster, Qualified Environmental Professional (QP), Utility Locator, Safety Officer, Payroll Tax Fiduciary, or Legal Counsel. Subsurface borehole visualizations represent estimator assumptions rather than geotechnical interpolations; blast logs record licensed blaster inputs without designing blast patterns; contaminated-soil and dewatering logs record user-confirmed permit caps without certifying environmental suitability; administrative equipment dispatch blocks do not physically immobilize machinery or replace physical Lockout/Tagout (LOTO); utility locate logs track user-entered expiry dates and foreman attestations without verifying underground spatial clearance; and statutory wage, union CBA, tax, and construction-lien compliance remain governed by the Contractor's authoritative payroll processor and legal counsel.
The DirtCount™ platform, including all visual designs, source code, software architecture, documentation, and trademarks, is the exclusive proprietary intellectual property of SoliEarth Infrastructure Systems Inc. All Contractor-supplied estimates, unit rates, production logs, and supplier quotes remain the exclusive property of the Contractor, are logically isolated by commercial tenant, and are never shared with competitors or used for cross-tenant model training.
To the maximum extent permitted by applicable law: (a) SoliEarth Infrastructure Systems Inc. shall not be liable for any indirect, incidental, special, punitive, or consequential damages (including lost profits, under-bidding or lost-bid damages, quantity or unit-conversion discrepancies, supplier overpayments, time-barred change claims, liquidated damages, utility strikes, environmental penalties, equipment incidents, or third-party telematics/ERP outages); and (b) SoliEarth's total aggregate direct liability for all claims arising out of or related to the service shall not exceed the lesser of the subscription fees paid by the Contractor in the twelve (12) months preceding the claim (or three (3) months / $1,000 CAD during any pilot evaluation period). The Contractor agrees to indemnify and hold harmless SoliEarth from any claims, losses, or regulatory actions arising from the Contractor's bids, field operations, safety/environmental compliance, or commercial records. These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.