GEOAMCAN TERMS OF SERVICE AND API USE AGREEMENT

Effective Date: November 3, 2026

Provider: 3andB, Inc., operating GeoAmCan

Contact: info@3andb.com

Location: Pocatello, Idaho, United States

IMPORTANT: THESE TERMS CONTAIN MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES, AND SIGNIFICANT LIMITATIONS OF LIABILITY.

PLEASE READ THEM CAREFULLY BEFORE USING GEOAMCAN.

1. Acceptance of Agreement

These Terms of Service ("Terms") constitute a binding agreement between you ("User," "Customer," or "you") and 3andB, Inc., the operator of GeoAmCan ("GeoAmCan," "Company," "we," "us," or "our").

By expressly accepting these Terms, creating or activating an account, or subsequently using the Services under an accepted agreement, you agree to comply with these Terms.

If you act on behalf of a company or organization, you represent that you have authority to bind that entity.

If you do not agree, you must not access or use protected GeoAmCan services.

2. Covered Services

These Terms apply to all GeoAmCan products and services, including:

• geoamcan.com.
• api.geoamcan.com.
• Geographic and demographic datasets.
• Economic, business, housing, environmental, and statistical data.
• Geographic information systems and mapping.
• Market analysis and site-selection tools.
• AI-generated analyses, explanations, and reports.
• The GeoAmCan Librarian AI assistant.
• Model Context Protocol (MCP) services.
• API keys and programmatic interfaces.
• Data exports, reports, dashboards, and integrations.
• Related software, documentation, and services.

These offerings are collectively referred to as the "Services."

3. Informational Nature of Services

GeoAmCan provides technology, datasets, statistical information, automated calculations, geographic analysis, and artificial intelligence tools.

The Services are provided for informational, research, and analytical purposes.

GeoAmCan does not provide legal, investment, financial, medical, engineering, surveying, appraisal, or other regulated professional advice.

Users are responsible for obtaining independent professional advice whenever appropriate.

No output constitutes a guarantee, certification, verified finding, or assurance of a particular result.

4. Data Accuracy and Reliability

GEOAMCAN DOES NOT GUARANTEE THAT ANY DATA IS ACCURATE, COMPLETE, CURRENT, CONSISTENT, RELIABLE, OR SUITABLE FOR A PARTICULAR PURPOSE.

Users acknowledge that information may originate from government agencies, public databases, commercial providers, third-party services, historical observations, estimates, and statistical models.

Such information may contain:

• Errors and omissions.
• Incomplete geographic coverage.
• Incorrect or outdated observations.
• Conflicting source records.
• Inaccurate boundaries or coordinates.
• Statistical uncertainty.
• Incorrect classifications.
• Delayed updates.
• Methodological limitations.
• Computational or processing errors.

GeoAmCan may modify, correct, replace, or remove data without guaranteeing the availability of historical versions.

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING INFORMATION BEFORE RELYING ON IT.

5. Artificial Intelligence Disclaimer

GeoAmCan incorporates automated systems and artificial intelligence.

AI-generated information may be inaccurate, misleading, incomplete, fabricated, inconsistent, or inappropriate for a user's intended purpose.

AI systems may:

• Generate incorrect facts.
• Misinterpret datasets.
• Produce inaccurate calculations.
• Fabricate references or explanations.
• Misidentify geographic areas.
• Generate incorrect business recommendations.
• Misrepresent statistical relationships.
• Fail to recognize missing information.
• Provide inconsistent answers to similar questions.

AI-generated outputs are not independently verified unless GeoAmCan expressly identifies a specific verification process.

GeoAmCan makes no guarantee concerning the accuracy, reproducibility, legality, usefulness, or reliability of AI outputs.

Users must independently verify all AI-generated information before making decisions or distributing results.

Users assume responsibility for the consequences of decisions based on AI outputs.

6. Customer Decisions and Assumption of Risk

All decisions made using GeoAmCan are the sole responsibility of the User.

This includes decisions involving:

• Business location selection.
• Real estate.
• Investment.
• Market entry.
• Business expansion.
• Financial planning.
• Employment and staffing.
• Infrastructure.
• Public policy.
• Geographic research.
• Commercial development.
• Operational planning.

Users expressly acknowledge the risks inherent in relying on public data, third-party information, automated analysis, and AI systems.

To the maximum extent permitted by law, Users voluntarily assume those risks.

GeoAmCan must not be used as the sole basis for safety-critical, emergency, medical, legal eligibility, or other high-consequence decisions.

7. Service Availability

GeoAmCan endeavors to provide access to the Services 24 hours per day, seven days per week.

However, GeoAmCan makes no guarantee of continuous service.

The Services may experience interruptions resulting from:

• Scheduled maintenance.
• Emergency maintenance.
• Server failures.
• Database failures.
• Software defects.
• Network interruptions.
• Security incidents.
• Third-party outages.
• Cloud infrastructure failures.
• Data-provider failures.
• Capacity limitations.
• Natural disasters.
• Government actions.
• Other circumstances within or beyond GeoAmCan's control.

GeoAmCan may suspend access, modify infrastructure, perform maintenance, or discontinue functionality when reasonably necessary.

NO UPTIME GUARANTEE OR SERVICE-LEVEL AGREEMENT IS PROVIDED UNLESS EXPRESSLY ESTABLISHED IN A SEPARATE WRITTEN AGREEMENT.

GeoAmCan is not responsible for business interruption, lost profits, missed opportunities, operational disruption, or other losses caused by outages, delays, or service degradation, to the maximum extent permitted by applicable law.

Users are responsible for maintaining their own backups, redundancy, and contingency arrangements.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

GEOAMCAN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY.
• FITNESS FOR A PARTICULAR PURPOSE.
• ACCURACY.
• COMPLETENESS.
• RELIABILITY.
• AVAILABILITY.
• SECURITY.
• NON-INFRINGEMENT.
• TITLE.
• PERFORMANCE.
• COMMERCIAL USEFULNESS.

GeoAmCan does not warrant that the Services will meet User requirements, operate without errors, remain uninterrupted, or produce any particular outcome.

No oral statement, AI response, documentation, demonstration, or support communication creates an additional warranty unless included in a separately signed agreement.

9. Limitation of Liability

THIS SECTION MATERIALLY LIMITS GEOAMCAN'S FINANCIAL RESPONSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEOAMCAN, 3andB, Inc., AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

Excluded damages include, without limitation:

• Lost revenue.
• Lost profits.
• Lost business opportunities.
• Lost customers.
• Business interruption.
• Reputational damage.
• Incorrect business decisions.
• Lost or corrupted data.
• Inaccurate reports.
• AI-generated errors.
• Failed API calls.
• Service interruptions.
• Third-party failures.
• Losses arising from reliance on data or analysis.

MAXIMUM AGGREGATE LIABILITY

To the maximum extent permitted by applicable law, the total combined liability of GeoAmCan, 3andB, Inc., and all other protected parties for all claims arising from or relating to the Services shall not exceed ONE MONTH OF THE SUBSCRIPTION FEE ACTUALLY PAID BY THE CUSTOMER FOR THE APPLICABLE SERVICE TIER IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

For annual subscriptions, the limit shall equal one-twelfth of the applicable annual subscription fee actually paid.

For free accounts, the maximum aggregate liability shall be zero dollars ($0), to the extent permitted by applicable law.

AI usage purchases, credits, taxes, and other non-subscription charges do not increase the limitation.

The limitation applies collectively to all related claims and legal theories, including contract, ordinary negligence, tort, strict liability, and statutory claims, to the extent such limitations are legally permitted.

To the maximum extent permitted by applicable law, users expressly release the protected parties from claims arising from ordinary negligence in providing, operating, maintaining, or securing the Services.

These limitations apply even if GeoAmCan has been advised of the possibility of damages and even if a limited remedy fails of its essential purpose, to the extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including applicable nonwaivable obligations or liability for intentional misconduct or fraud where exclusion is prohibited.

10. Indemnification

To the maximum extent permitted by law, Users agree to defend, indemnify, and hold harmless GeoAmCan, 3andB, Inc., and their owners, officers, directors, employees, contractors, affiliates, and agents against third-party claims, damages, liabilities, judgments, settlements, and reasonable legal expenses arising from:

• User misuse of the Services.
• User violations of applicable law.
• User distribution or publication of data or AI outputs.
• User applications incorporating GeoAmCan.
• User business decisions or recommendations.
• User violations of these Terms.
• User infringement of third-party rights.
• Claims from the User's customers or business partners relating to the User's use of the Services.

This obligation does not apply to the extent indemnification is prohibited by applicable law or a claim results from conduct for which liability cannot lawfully be transferred.

11. API Access and Security

Users are responsible for securing their accounts, API keys, authentication credentials, and connected systems.

Users may not:

• Circumvent API limits.
• Share credentials without authorization.
• Attempt unauthorized access.
• Exploit vulnerabilities.
• Conduct unauthorized security testing.
• Manipulate AI systems to bypass security controls.
• Extract confidential system instructions or credentials.
• Disrupt Services.
• Use GeoAmCan for unlawful activities.
• Redistribute restricted datasets contrary to applicable licenses.

GeoAmCan may suspend or terminate access for nonpayment, abuse, security threats, or violations of these Terms.

Users are responsible for activity through their credentials except where applicable law requires otherwise.

12. API Limits and Subscriptions

Subscriptions provide access subject to their published allowances and applicable usage restrictions.

GeoAmCan may establish or enforce:

• API request limits.
• Rate limits.
• AI credit allowances.
• MCP usage limits.
• Geographic analysis limits.
• Data-export limits.
• Concurrent request limits.

Requests exceeding applicable limits may be rejected, throttled, or require an upgrade.

Unless expressly stated otherwise at purchase, unused monthly allocations do not roll over.

GeoAmCan may modify future plans, prices, limits, and service offerings with notice as required by law.

13. Billing and Payments

Paid subscriptions are billed according to the pricing and billing frequency disclosed at purchase.

Where automatic renewal is offered, renewal terms and cancellation procedures will be disclosed and administered as required by applicable law.

Users authorize applicable recurring payments and separately disclosed usage-based charges.

Subscriptions may be canceled through the account's billing interface or another legally required cancellation method.

Cancellation prevents future renewal charges but does not automatically entitle the User to reimbursement for an already paid subscription period.

Fees are nonrefundable except as expressly stated in the applicable purchase terms or required by law.

GeoAmCan may suspend paid access for nonpayment.

14. Intellectual Property and Data Licensing

GeoAmCan and its licensors retain their respective rights in software, documentation, interfaces, proprietary calculations, scoring methodologies, designs, trademarks, and other protected materials.

Public datasets may remain subject to the rights and restrictions of their originating sources.

Commercial use of GeoAmCan does not automatically confer unrestricted redistribution rights over third-party data.

Users must comply with applicable source licenses and attribution requirements.

No ownership interest in GeoAmCan software or proprietary technology transfers to Users.

15. Third-Party Providers

GeoAmCan uses third-party services for hosting, mapping, data, artificial intelligence, billing, networking, and other operations.

GeoAmCan does not control the independent operation of those providers.

Third-party systems may fail, become unavailable, change their functionality, or provide inaccurate information.

To the maximum extent permitted by law, GeoAmCan disclaims liability arising from independent third-party products and services.

16. Changes to Services

GeoAmCan may modify, update, replace, restrict, or discontinue features, APIs, models, datasets, integrations, and functionality.

GeoAmCan does not guarantee perpetual availability of a specific endpoint, data collection, geographic metric, software feature, or AI model.

Where applicable law or a separate written agreement requires notice, GeoAmCan will provide it.

17. Mandatory Binding Arbitration

IMPORTANT: THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that cannot legally be subjected to arbitration, all disputes, claims, or controversies arising from or relating to these Terms, GeoAmCan, or the Services shall be resolved through final and binding individual arbitration.

The Federal Arbitration Act shall govern this arbitration agreement to the extent applicable.

ARBITRATION LOCATION: POCATELLO, IDAHO

The designated legal seat of arbitration shall be Pocatello, Idaho, United States.

Arbitration shall be administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules.

Hearings may occur remotely or through written submissions when permitted by applicable rules and law.

Mandatory consumer protections concerning venue, fees, access, or proceedings shall control where legally required.

Before initiating arbitration, the claimant must provide written notice describing the dispute and requested resolution.

The parties shall attempt in good faith to resolve the dispute informally for thirty (30) days following receipt of notice.

Arbitration fees shall be allocated according to applicable arbitration rules and law.

The arbitrator shall apply Idaho substantive law, subject to applicable federal law and nonwaivable legal protections.

The arbitrator may award relief permitted by applicable law, subject to enforceable contractual limitations.

The decision shall be binding, subject to judicial review available under governing law.

WAIVER OF JURY TRIAL

To the maximum extent permitted by law, the parties waive their right to trial by jury for claims subject to this agreement.

CLASS ACTION WAIVER

To the maximum extent permitted by law, disputes must be pursued exclusively on an individual basis.

Users waive participation in class, collective, consolidated, or representative proceedings against GeoAmCan, except where such waiver is prohibited by law.

An arbitrator may not consolidate claims or administer class arbitration without the parties' express written agreement, except where applicable law requires otherwise.

If the class action waiver is held unenforceable as applied to a particular claim and the applicable law prevents individual arbitration of that claim, that claim shall proceed in a court of competent jurisdiction, while other arbitrable claims shall remain subject to arbitration where legally permitted.

18. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Idaho, without regard to conflict-of-laws provisions, except where federal law or mandatory law requires otherwise.

For disputes that cannot lawfully be arbitrated, the parties consent to the appropriate state or federal courts serving Bannock County, Idaho, subject to mandatory jurisdiction and venue protections.

19. Force Majeure

GeoAmCan shall not be responsible for failure or delay arising from circumstances beyond its reasonable control, including natural disasters, war, civil disturbances, cyberattacks, utility failures, telecommunications outages, government actions, or third-party infrastructure failures.

20. Suspension and Termination

GeoAmCan may suspend or terminate access for violations of these Terms, security threats, unlawful activity, nonpayment, or other legitimate operational reasons.

Upon termination, access rights end.

Users are responsible for exporting and preserving information where export is available.

GeoAmCan does not guarantee indefinite retention or availability of account data following termination, subject to applicable legal and contractual obligations.

21. Amendments

GeoAmCan may revise these Terms.

Each published version shall have a version identifier and effective date.

Material changes will be communicated as required by applicable law.

Where renewed affirmative consent is required, GeoAmCan will request acceptance before continued protected use.

New Terms shall not retroactively alter rights or disputes in a manner prohibited by applicable law.

22. Severability

If any provision is determined unenforceable, the provision shall be severed or limited to the extent permitted by law.

The remaining provisions shall continue in effect, except where the applicable law or the agreement's express dispute-resolution provisions require a different result.

23. Survival

Provisions concerning intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and other provisions that by their nature should survive shall remain effective following termination.

24. Entire Agreement

These Terms, together with applicable incorporated policies and separately executed written agreements, constitute the agreement governing the Services.

A separately executed agreement expressly overriding a provision of these Terms shall control to the extent of the conflict.

Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

25. Contact and Legal Notices

GeoAmCan
Operated by 3andB, Inc.
Pocatello, Idaho, United States
Email: info@3andb.com

Legal notices should be delivered to info@3andb.com unless a different notice procedure is specified in a separately executed agreement or required by law.

26. Final Acknowledgment

BY AFFIRMATIVELY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:

1. GEOAMCAN DOES NOT GUARANTEE DATA OR AI ACCURACY.
2. YOU ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION.
3. GEOAMCAN DOES NOT GUARANTEE UNINTERRUPTED SERVICE.
4. YOU ASSUME THE RISKS ASSOCIATED WITH USING THE SERVICES.
5. GEOAMCAN PROVIDES THE SERVICES WITHOUT GENERAL WARRANTIES.
6. GEOAMCAN'S AGGREGATE LIABILITY IS CONTRACTUALLY LIMITED TO ONE MONTH OF THE APPLICABLE SUBSCRIPTION FEE, TO THE EXTENT PERMITTED BY LAW.
7. COVERED DISPUTES MUST BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION, WITH POCATELLO, IDAHO AS THE DESIGNATED ARBITRATION SEAT, SUBJECT TO APPLICABLE LAW.
8. YOU WAIVE CLASS PROCEEDINGS AND JURY TRIAL RIGHTS TO THE EXTENT PERMITTED BY LAW.
9. YOU HAVE BEEN GIVEN AN OPPORTUNITY TO REVIEW THE COMPLETE AGREEMENT BEFORE ACCEPTING IT.