Flock4Gold

Terms of Service

This is a draft written for a small subscription app, not by a lawyer. Have it reviewed before relying on it.

Read this first. Flock4Gold only runs calculations on public map data. It does not tell you, recommend, or invite you to go to any location. Outdoor and mining sites can be dangerous and can kill. If you choose to go anywhere you saw in Flock4Gold, you do so entirely at your own risk, and you agree that Flock4Gold is not responsible for what happens to you, anyone with you, or any property or environment.

1. What Flock4Gold is, and isn't

Flock4Gold is a software tool. It runs automated calculations on public elevation, hydrography, land and mining-record data and shows scores for map locations. A score is the output of a formula, nothing more. It is not a recommendation, instruction, invitation or suggestion to visit, enter, travel to, dig at or prospect any location. It is not a statement that a location is safe, legal, accessible, open to the public, or that gold or any mineral is present there. We have not visited, inspected or verified any location shown in the app.

2. Outdoor hazards and assumption of risk

Prospecting and travel in remote country are inherently dangerous. Hazards include, without limitation: swift, cold or rising water and flash floods; drowning; unstable, undercut or collapsing banks, slopes and rock; abandoned mine shafts, adits and tunnels, which may contain bad air or collapse; open pits and old workings; falls; extreme heat, cold, lightning, wildfire and other weather; wildlife and insects; contaminated water or soil, including mercury and arsenic from historic mining; unmaintained, washed-out or impassable roads and trails; getting lost; no cell service; and being far from medical help.

You alone decide whether to go anywhere, how to get there, and what to do when you arrive. You are responsible for your own safety and the safety of anyone who goes with you, including checking weather, conditions and closures, carrying the right equipment, telling someone your plans, and turning back when conditions are unsafe. By visiting any location, you knowingly and voluntarily accept all risks of injury, illness, death, and loss of or damage to property, whether or not those risks are listed here.

3. Land, claims, permits and the law

Land ownership, mining claim, withdrawal and public-access information in the app comes from public records (BLM MLRS, PAD-US, USGS, OpenStreetMap). It is not legal advice and can be wrong, out of date or incomplete. A location shown as open or reachable may be private property, claimed, closed, or unlawful to enter or work. Before entering any land or disturbing or removing any material, you must confirm land status, claim status, access rights and required permits yourself, with the landowner, the BLM, the Forest Service or the relevant state agency. You are solely responsible for complying with all federal, state, tribal and local laws, including trespass, mining, water-quality, fish and wildlife, and cultural-resource laws.

4. The environment

Digging, panning, sluicing and dredging can harm streams, fish habitat, riverbanks and cultural sites, and many of these activities need permits or are banned in some places or seasons. You are responsible for any effect your activities have on the land, water, wildlife and other people, and for leaving sites as you found them. Flock4Gold does not approve of or take responsibility for any activity you choose to carry out.

5. No warranty

Flock4Gold and all of its data, scores, maps and other content are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of accuracy, completeness, fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any data from third-party sources is correct.

6. Limitation of liability

To the fullest extent permitted by law, Flock4Gold and its owners, operators, employees and suppliers will not be liable for any personal injury, illness, death, property damage, environmental damage, fines, legal claims, lost profits, or any indirect, incidental, special, consequential or punitive damages arising from or related to your use of the service, any location shown in it, or any travel to or activity at such a location, even if we were told such damages were possible. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim arose. Some jurisdictions don't allow some of these limits; in those places they apply to the greatest extent allowed.

7. Release and indemnity

You release Flock4Gold and its owners, operators, employees and suppliers from all claims relating to your travel to or activities at any location, to the fullest extent permitted by law. You agree to defend, indemnify and hold them harmless from any claims, damages, fines, losses and costs (including reasonable legal fees) brought by anyone, including people who go with you, landowners, claim holders and government agencies, arising from your use of the service or your activities at any location.

8. Your account and subscription

Plans and prices are shown on the pricing page. Subscriptions renew automatically until canceled. You can cancel anytime from your Account page; your access continues through the end of the period you already paid for. We do not offer prorated refunds for partial periods except where required by law. Payments are processed by Stripe; we never see or store your card details.

Referral credits are account credit applied to future Flock4Gold bills, have no cash value and can't be transferred. The conditions are listed on your Account page. We may withhold or reverse credits earned through self-referral, duplicate accounts, refunded or disputed payments, or other abuse, and may change or end the referral program at any time.

Shared scan links are public: anyone with the link can see the spots and locations in them. You can delete a link anytime from your Account page.

9. Acceptable use

Don't attempt to abuse, scrape or overload the service, share your account, or use it for any unlawful purpose. We may suspend accounts that do.

10. Your data

How we handle your data is described in our Privacy Policy.

11. General

If any part of these terms is found unenforceable, the rest still applies. We may update these terms as the product changes. Continued use after an update means you accept the new terms.