Terms of Service
2 · These terms
These Terms of Service govern your use of ensoundings.com (the "Service"), operated by Aure Labs LLC, a Wyoming limited liability company ("we", "us", "our"). By uploading a file, reviewing a conversion, buying an export or creating an account, you accept these terms. If you do not accept them, do not use the Service.
If you are using the Service for an organisation, you confirm you are authorised to accept these terms on its behalf, and "you" means both you and that organisation. You must be at least 18 years old.
The Service is directed to customers in the United States, and is not marketed elsewhere. If you access it from outside the United States you do so on your own initiative, and you are responsible for complying with the law that applies to you there. It is not built to meet the data-protection or consumer regimes of other jurisdictions, including those of the European Economic Area and the United Kingdom.
3 · What the Service does
The Service is designed to read a vector sounding chart supplied as a single-page PDF and to return the depth soundings it finds as point data — an easting, a northing, a depth and a confidence value for each. It reads the drawing's own geometry and its text layer directly. It does not perform image recognition or OCR, and it cannot read scanned rasters, flattened bitmaps, photographed sheets or charts produced by OCR. Those files are refused on upload and never charged.
The coordinate grid is fitted per file from the sheet's own border labels. Where no grid can be read, the export is delivered in page units and both the review screen and the export say so. Available formats are stated on the pricing page and may expand over time.
This section describes what the Service is built to do so you can identify what you are buying. It is a description, not a promise about any particular chart or any particular result — see sections 4 and 13.
4 · Accuracy of extraction
Each point carries a confidence value describing how clearly the engine read it from the source drawing. Confidence describes the reading, not the survey behind it (how confidence is banded). Positional and vertical accuracy can never exceed that of the drawing you supplied, including its own datum, scale and projection statements.
The engine may miss soundings, and may misread one. You are responsible for checking an export against its source drawing, and for having it verified by a licensed professional surveyor, before relying on it for any purpose.
5 · Your account
You need an account only to buy an export. Uploading a drawing, running the extraction and reviewing the result require none.
Keep your sign-in credentials secure. You are responsible for activity under your account. If you believe it has been accessed without your authority, tell us at support@ensoundings.com.
6 · Your rights in the drawings
You confirm you hold the rights to convert each file you upload. We process it on your instruction and claim no ownership of your drawings or of the point data produced from them.
You grant us a licence to process an uploaded file solely to perform the conversion you asked for, lasting only as long as that processing takes. Because the source file is never stored, it cannot be and is not used to train models, tune the engine, or for any purpose other than your conversion.
7 · Acceptable use
You agree not to:
- upload a drawing you do not hold the rights to convert
- use the output for navigation, vessel clearance, or any decision where depth is a safety matter
- attempt to access another customer's conversions, exports or account data
- probe, scan or test the security of the Service, or work around any limit, gate or access control
- submit files by automated means except under a plan that includes API access
- resell, sublicense or redistribute the Service itself, as distinct from data you have exported
- use the Service unlawfully, or export data in breach of United States export-control or sanctions law
8 · Retention and deletion
Your source drawing is never stored. It is processed in memory and discarded immediately after conversion — there is no retained copy to delete. Your converted point data stays available to re-download for 18 months. After that the download link expires and the point data itself is deleted; the conversion stays in your register as a record, with its file name and date. You can delete any conversion, and its export, at any time from the conversions register.
What we hold and for how long is set out in the privacy policy.
9 · Fees, payment and tax
A conversion is charged only when an export is produced. Upload, extraction and the full review are free and cost nothing whether or not you go on to buy. Current prices are on the pricing page. We may change prices, but a change never applies to a conversion already purchased.
Payments are processed by Dodo Payments, which acts as Merchant of Record. Dodo is the seller of record for your purchase, processes the transaction and is responsible for collecting and remitting applicable sales tax. Your purchase is therefore also subject to Dodo's own terms. We never receive or store your card details.
10 · Refunds
Unsupported files, failed reads and re-downloads are never charged, so there is nothing to refund for them.
If an export is materially wrong against its source drawing, tell us within 30 days at billing@ensoundings.com and we will refund that conversion. Because Dodo Payments is the Merchant of Record, the refund is issued through Dodo; we initiate it on your behalf.
Refunds outside that case are at our discretion.
11 · Subscription plans
Pro and Team plans are billed monthly in advance and renew automatically until cancelled. Included conversions reset at the start of each billing period and do not carry over. Conversions beyond the included allowance are charged at the plan's stated overage rate.
You can cancel at any time from your account. Cancellation takes effect at the end of the billing period you have paid for; there is no partial refund for an unused allowance. We will give at least 30 days' notice by email before increasing the price of an active subscription, and you may cancel before it takes effect.
12 · Our intellectual property
The Service, the extraction engine, and the content of this site other than your drawings and your exported data remain ours. These terms give you no licence to them beyond using the Service as it is offered.
13 · Disclaimer of warranties
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted or error-free, that every sounding on a drawing will be found, or that any extracted value is correct. An extracted dataset is derived data. It is not a hydrographic survey and not a certified hydrographic product.
WE DO NOT WARRANT TITLE TO THE OUTPUT, AND WE GIVE NO WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. THE OUTPUT IS DERIVED FROM A DRAWING YOU SUPPLY, AND WHAT RIGHTS EXIST IN IT DEPEND ON THAT DRAWING, NOT ON US.
Descriptions of the Service — in section 3, on the website, or anywhere else — identify what the Service is built to do. They are not affirmations of fact about any particular chart or result, they do not become part of the basis of our bargain, and they do not create express warranties. Where a description and this section cannot be read together, this section governs.
No advice or information, spoken or written, obtained from us or through the Service creates any warranty that is not expressly stated in these terms.
Some jurisdictions do not allow the exclusion of certain implied warranties, so parts of this section may not apply to you. Where a warranty cannot be excluded, it is limited to the shortest period the law allows.
14 · Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS.
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR LOST PROFITS, LOST REVENUE, LOST DATA OR THE COST OF SUBSTITUTE SERVICES, EVEN IF WE HAVE BEEN ADVISED THAT THEY WERE POSSIBLE.
In particular, and without limiting the above, we are not liable for dredging, construction, engineering, survey, procurement or commercial decisions taken on the basis of the output.
These limits do not apply to any indemnity we expressly give you, to our gross negligence or wilful misconduct, to death or personal injury caused by our negligence, or to fraud. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.
Subject to that, these limits apply whatever the theory of liability — contract, tort, strict liability or otherwise — and apply even if a limited remedy fails of its essential purpose. They survive the end of your use of the Service.
15 · Indemnification
You will defend, indemnify and hold harmless us and our officers, employees and contractors from any third-party claim, and from any resulting loss, damage or expense including reasonable legal fees, arising from:
- a drawing you uploaded — including any allegation that it infringes someone's rights, or that you did not hold the rights to convert it
- your breach of these terms, including the acceptable-use section
- a decision taken on the basis of output you obtained from the Service
To rely on this section we will notify you in writing of the claim without undue delay, give you control of its defence and settlement using counsel of your choosing, and cooperate reasonably at your expense. You may not settle a claim in a way that admits fault on our part, imposes any obligation on us, or fails to release us unconditionally, without our written consent. If we are late in notifying you, you are relieved only to the extent the delay actually prejudices you.
This section survives the end of your use of the Service.
16 · Suspension and termination
You may stop using the Service at any time, and delete your account from account settings.
We may suspend or end access for a breach of these terms, for unlawful use, or where the law requires it — with notice where that is practical. Ending access does not affect a conversion you have already purchased: your exports stay available for their retention window unless you delete the account.
17 · Changes to the Service and these terms
We may change the Service and these terms. The revision line on this page records the current version and the date it was issued.
For a change that materially affects existing customers we will give at least 30 days' notice by email, stating the date it takes effect. Until that date the current terms continue to apply to you. If you do not accept the change, stop using the Service and, if you wish, close your account before the effective date — there is no penalty and any active subscription is cancelled at the end of the period you have paid for.
Continuing to use the Service after the effective date means you accept the revised terms. A change never applies retroactively to a conversion already purchased: each conversion is governed by the revision in force when you bought it, and we record which that was.
18 · Governing law and disputes
These terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to them or to the Service will be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, and both parties consent to the jurisdiction of those courts.
Please contact us at support@ensoundings.com before starting a formal dispute. Most issues are resolved that way.
19 · General
If any provision of these terms is unenforceable, the rest continues to apply, and the unenforceable provision is limited to the minimum extent necessary rather than struck out entirely. Our not enforcing a provision on one occasion is not a waiver of it.
Sections 6 (your rights in the drawings), 12 (our intellectual property), 13 (disclaimer of warranties), 14 (limitation of liability), 15 (indemnification) and 18 (governing law) survive the end of your use of the Service, along with any other provision that by its nature should.
These terms are between you and us alone. Nobody else acquires rights under them. In particular, a person who relies on output you obtained — a client, a contractor, a bidder, or anyone downstream of your work — is not a party to these terms and is not an intended beneficiary of them.
You may not transfer these terms without our consent. We may transfer them to a successor in connection with a merger, acquisition or sale of the business. Neither party is liable for a failure to perform caused by events outside its reasonable control.
These terms and the privacy policy are the entire agreement between us about the Service, and replace any earlier version. Notices to you go to the email address on your account; notices to us go to the address below.
20 · Contact
Aure Labs LLC, a Wyoming limited liability company, 30 N Gould St Ste R, Sheridan, WY 82801.
Support and general enquiries: support@ensoundings.com. Billing and refunds: billing@ensoundings.com. Volume and custom plans: sales@ensoundings.com.