Terms of Service

Mining Software Reviews is an independent review and directory platform for mining industry software. You may use the Site to browse software listings, read and submit reviews, compare products, and claim vendor profiles, subject to these Terms.

You must be at least 18 years old to use the Site. By using the Site, you represent that you meet this age requirement.

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law
• Submit false, misleading, fabricated, or fraudulent reviews
• Impersonate another person, misrepresent your affiliation with any entity, or create fake accounts
• Attempt to manipulate ratings, reviews, or rankings through coordinated campaigns, sock-puppet accounts, or incentivised submissions
• Scrape, crawl, or harvest data from the Site beyond what is permitted by our robots.txt, or use automated tools to access the Site in a manner that places undue load on our infrastructure
• Interfere with or attempt to compromise the Site's operation, security, or integrity
• Upload or transmit viruses, malware, or any other malicious code
• Use the Site to harass, threaten, defame, or intimidate any person
• Reverse-engineer, decompile, or disassemble any part of the Site
• Reproduce, redistribute, or commercially exploit any content from the Site without prior written permission

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these prohibitions, including removing content, suspending accounts, and reporting conduct to law enforcement.

Content Licence

By submitting a review or any other content to the Site ("User Content"), you grant Mining Software Reviews a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable licence to use, display, reproduce, modify, adapt, publish, translate, and distribute your User Content on the Site and in connection with our services, including promotional materials. You retain ownership of your User Content, but you grant us the rights necessary to operate and promote the platform.

Your Representations

You represent and warrant that:

• Your review is based on genuine, first-hand experience with the software
• Your review is honest and not intentionally misleading
• Your review does not infringe any third-party intellectual property, privacy, or other rights
• You are not being compensated by a vendor, competitor, or any third party to submit a review
• Your review does not contain confidential or proprietary information belonging to your employer or any third party
• You have the legal right and authority to submit the content

Reviews Are Protected Opinion

Reviews published on Mining Software Reviews constitute protected opinion and commentary. Each review reflects the subjective views, experiences, and assessments of the individual reviewer. Reviews are not statements of fact by MSR.

MSR does not verify the factual accuracy of individual review claims. We provide a neutral platform for the exchange of genuine user experiences with mining software. While we take steps to verify that reviewers are real users, the substance of each review is the reviewer's own.

By using the Site, you acknowledge and accept that reviews may contain opinions you disagree with. To the fullest extent permitted by applicable law, reviews on the Site are protected under doctrines of fair comment, honest opinion, qualified privilege, and analogous legal protections across all applicable jurisdictions, including (without limitation):

• Australia: The defence of honest opinion under section 31 of the Defamation Act 2005 (uniform legislation)
• United States: First Amendment protections for opinion and commentary, and Section 230 of the Communications Decency Act (47 U.S.C. § 230), which provides that interactive computer service providers are not treated as publishers of third-party content
• United Kingdom: The defence of honest opinion under section 3 of the Defamation Act 2013
• European Union: Protections for hosting providers under the Digital Services Act (Regulation (EU) 2022/2065) and the E-Commerce Directive (2000/31/EC)
• Canada: The defence of fair comment at common law and under provincial defamation statutes

Content Moderation

We reserve the right to remove, edit, or refuse to publish any User Content that, in our sole discretion, violates these Terms, our Community Guidelines, applicable law, or is otherwise harmful, defamatory, obscene, or objectionable. The decision to moderate content does not create an obligation to monitor or review all User Content.

MSR creates and maintains product and vendor profiles using publicly available information, including company websites, press releases, regulatory filings, and industry publications. This is consistent with established practices of review and directory platforms worldwide.

No vendor consent is required for a product or company to be listed on the Site. Vendors cannot opt out of being listed. The existence of a listing does not imply any endorsement, affiliation, partnership, or commercial relationship between MSR and the listed vendor.

Vendors may claim their profile to update factual product information, add official descriptions, and respond to reviews. Profile claiming is subject to our verification process.

Software vendors may claim their profile on Mining Software Reviews. Claimed profiles allow vendors to update product information and respond to reviews. Vendors may not:

• Remove, suppress, edit, or influence the removal of user reviews
• Pay for higher rankings, preferential placement, or enhanced visibility
• Submit reviews for their own products, or have employees or contractors do so
• Incentivise, coerce, or pressure customers into submitting favourable reviews
• Retaliate against users who submit negative reviews
• Misrepresent product capabilities or pricing in their claimed profile

We take content integrity seriously. If a vendor believes a review violates our Community Guidelines or these Terms, they may flag it for review using the process below.

How to Flag a Review

Vendors with a claimed profile may flag a review by contacting us at hello@miningsoftwarereviews.com with the review URL and a clear explanation of which Community Guideline or Term the review allegedly violates. General disagreement with a review's conclusions is not grounds for removal.

What We Will Do

• We will review the flagged content against our Community Guidelines and Content Policy
• We do not act as a fact-finder in disputes between vendors and reviewers
• We do not edit or remove reviews at a vendor's request simply because the vendor disagrees with the content
• If a review violates our policies, we will take proportionate action, which may include annotating or removing the review. MSR does not edit the substantive content of user reviews

Consequences for Policy Violations

Where we determine that a user (reviewer or vendor) has violated these Terms or our Community Guidelines, we may impose escalating consequences:

• First violation: Written warning and, if applicable, content removal
• Repeat violation: Temporary restriction of account privileges
• Serious or persistent violation: Permanent ban from the platform

All moderation decisions are made by MSR at its sole discretion and are final.

All content on the Site, excluding User Content, is the property of Mining Software Reviews and is protected by applicable intellectual property laws, including copyright, trademark, and trade dress. This includes the Site's design, layout, aggregated data, ratings methodology, logos, and original written content. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

Nominative Fair Use & Trademark Notice

MSR lists software products and companies using publicly available information for the purpose of review, commentary, and comparison. Company names, product names, logos, and trademarks appearing on the Site are used under nominative fair use for identification purposes only.

The presence of any company name, product name, or trademark on the Site does not imply endorsement, affiliation, sponsorship, or any commercial relationship between MSR and the trademark owner. All trademarks, service marks, and trade names belong to their respective owners.

If you believe any factual information about your company or product on the Site is incorrect, you may request a correction by contacting us at hello@miningsoftwarereviews.com or by claiming your vendor profile.

MSR respects intellectual property rights and expects users to do the same. If you believe that content on the Site infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512) or equivalent laws in your jurisdiction.

Designated Agent

Our designated agent for receiving copyright infringement notices is:

Mining Software Reviews — Copyright Agent
Email: hello@miningsoftwarereviews.com
Subject line: "DMCA Takedown Notice"

Requirements for a Valid Takedown Notice

Your notice must include all of the following:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material on the Site that you claim is infringing, with sufficient detail to allow us to locate it (e.g., a URL)
• Your name, address, telephone number, and email address
• A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf
• Your physical or electronic signature

Counter-Notification

If you believe your content was removed in error or is not infringing, you may submit a counter-notification to our designated agent. Your counter-notification must include:

• Identification of the material that was removed and the location where it appeared before removal
• A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification
• Your name, address, and telephone number
• A statement consenting to the jurisdiction of the federal courts in your district (or, if outside the United States, the courts of Western Australia)
• Your physical or electronic signature

Upon receiving a valid counter-notification, we will forward it to the original complainant and restore the content within 10 to 14 business days unless the complainant files a court action.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, MSR maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If a user is found to have repeatedly uploaded or submitted content that infringes the copyrights of others, MSR may, at its sole discretion, terminate or disable that user's access to the Site.

Good Faith Requirement

Any person who knowingly and materially misrepresents that content is infringing, or that content was removed by mistake, may be liable for damages, including costs and legal fees. Do not file a takedown notice unless you genuinely believe your copyright has been infringed.

You agree to defend, indemnify, and hold harmless Mining Software Reviews, its affiliates, and their respective officers, directors, employees, contractors, and agents ("Indemnified Parties") from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your User Content, including any claim that your User Content infringes or violates any third-party intellectual property, privacy, or other rights
• Your breach of these Terms or any representation or warranty you have made
• Your violation of any applicable law, regulation, or third-party right
• Your use of the Site, including any activity under your account

This indemnification obligation survives the termination of your account and your use of the Site. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with our defence.

The Site and all content, materials, information, software, products, and services provided on or through the Site are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, MSR disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, MSR does not warrant or represent that:

• The Site will be uninterrupted, timely, secure, or error-free
• The information, content, or reviews on the Site are accurate, complete, reliable, current, or error-free
• Any defects in the Site will be corrected
• The Site or its servers are free of viruses or other harmful components

Reviews represent the opinions of individual users and do not represent the views, endorsements, or recommendations of Mining Software Reviews. MSR is a neutral platform. We are not responsible for any purchasing decisions, business outcomes, or other consequences arising from review content. You use review information at your own risk and should conduct your own due diligence before making any software purchasing decision.

Aggregated scores, rankings, and category placements displayed on the Site are mathematical calculations derived from individual user review ratings. They represent a summary of user opinions, not statements of objective fact by MSR. MSR does not independently verify the claims underlying individual reviews and makes no representation that aggregated scores reflect the true quality of any product.

Australian Consumer Law Notice

Nothing in this Disclaimers section excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), or any equivalent state or territory legislation, that cannot be excluded, restricted, or modified by agreement. To the extent that the Australian Consumer Law applies, our liability is limited to, at our option: (a) the re-supply of the services; or (b) the payment of the cost of having the services supplied again.

To the fullest extent permitted by applicable law, Mining Software Reviews and its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your access to or use of (or inability to access or use) the Site, regardless of the theory of liability, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any and all claims arising out of or relating to these Terms or your use of the Site shall not exceed the greater of: (a) the amount you have paid to MSR, if any, in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred Australian dollars (AUD $100).

Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the fullest extent permitted by law. In particular:

• Australia: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), or any equivalent state or territory legislation, that cannot be excluded, restricted, or modified by agreement
• European Union & United Kingdom: Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable EU member state or UK law
• New Zealand: Nothing in these Terms excludes or limits rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded

We prefer to resolve disputes without litigation. If a dispute arises between you and MSR, we encourage you to first contact us at hello@miningsoftwarereviews.com to attempt an informal resolution. We will make a genuine effort to resolve the matter within 30 days.

Mediation

If informal resolution fails, either party may refer the dispute to mediation administered by a mediator agreed upon by both parties, or, failing agreement, appointed by the Resolution Institute (Australia). Mediation will take place in Perth, Western Australia (or remotely by agreement). Each party bears its own costs of mediation; the mediator's fees are shared equally.

Binding Arbitration

If mediation does not resolve the dispute within 60 days of referral, either party may submit the dispute to final and binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under ACICA Arbitration Rules. The arbitration will be conducted by a single arbitrator in Perth, Western Australia. The language of the arbitration will be English. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable in your jurisdiction, then this entire arbitration provision (but not the rest of these Terms) shall be null and void with respect to you.

Small Claims Exception

Notwithstanding the above, either party may bring an individual claim in a small claims court or equivalent tribunal of competent jurisdiction as an alternative to arbitration.

Anti-SLAPP Carve-Out

Nothing in this Dispute Resolution section shall prevent any party from exercising rights under applicable anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation, including but not limited to the Protection of Public Participation Act 2008 (ACT), the Defamation Act 2005 (as adopted in each Australian state and territory), or any equivalent legislation in other jurisdictions. Where applicable anti-SLAPP law provides for early dismissal of claims, a party may seek such dismissal in the relevant court notwithstanding any arbitration agreement.

Injunctive Relief

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

MSR is based in Australia. The Site is hosted and data is processed in Australia and the United States. By using the Site, you acknowledge and consent to the transfer, processing, and storage of your information in these countries, which may have data protection laws that differ from those in your country of residence.

Where personal data originating from the European Economic Area (EEA), United Kingdom, or Switzerland is transferred to countries that have not received an adequacy decision, we rely on appropriate safeguards, including Standard Contractual Clauses approved by the European Commission, to ensure an adequate level of protection for your data.

For full details on how we collect, use, store, and protect your personal information, please read our Privacy Policy.

We may suspend or terminate your access to the Site at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

Upon termination, your right to use the Site ceases immediately. The following sections survive termination: Reviews & User Content (content licence), Indemnification, Disclaimers, Limitation of Liability, Dispute Resolution & Arbitration, and Governing Law.

These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law principles. Subject to the Dispute Resolution section above, any disputes arising under these Terms that are not resolved through arbitration shall be subject to the exclusive jurisdiction of the courts of Western Australia.

Multi-Jurisdictional Compliance

MSR operates globally and users access the Site from many jurisdictions. We acknowledge that local laws may provide you with additional rights that cannot be overridden by contract. Where your local law provides mandatory consumer protections, privacy rights, or other safeguards that cannot be excluded by agreement, those protections apply in addition to these Terms.

In particular:

• Australia: You have consumer guarantee rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by these Terms. You also have rights under the Privacy Act 1988 (Cth) and the Australian Privacy Principles
• European Union: You have rights under the General Data Protection Regulation (GDPR), the Digital Services Act, EU consumer protection directives, and applicable member state laws. Nothing in these Terms limits those rights
• United Kingdom: You have rights under the UK GDPR, the Data Protection Act 2018, the Consumer Rights Act 2015, and the Online Safety Act 2023. Nothing in these Terms limits those rights
• Canada: You have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Nothing in these Terms limits those rights
• South Africa: You have rights under the Protection of Personal Information Act (POPIA) and the Consumer Protection Act. Nothing in these Terms limits those rights

Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect. The invalidity of any provision in a particular jurisdiction does not affect the validity of that provision in any other jurisdiction.

Precedence of Documents

In the event of any conflict or inconsistency between these Terms and any other MSR policy document, the following order of precedence applies: (1) these Terms of Service; (2) the Privacy Policy; (3) the Content Policy; (4) the Community Guidelines; (5) the Cookie Policy. The higher-ranked document prevails to the extent of the inconsistency.

Entire Agreement

These Terms, together with our Privacy Policy, Content Policy, Community Guidelines, and Cookie Policy, constitute the entire agreement between you and MSR with respect to your use of the Site and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of MSR to be effective.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

We may update these Terms from time to time to reflect changes in our practices, legal requirements, or the services we offer. When we make material changes, we will post the revised Terms on this page, update the "Last updated" date at the top, and, where practicable, notify registered users by email.

Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Site.

If you have questions about these Terms, wish to report a violation, or need to submit a DMCA notice, contact us at:

Mining Software Reviews
Email: hello@miningsoftwarereviews.com

For copyright/DMCA matters, please use the subject line "DMCA Takedown Notice" or "DMCA Counter-Notification" as applicable.

For vendor profile claims or factual corrections, please use the subject line "Vendor Profile Enquiry".