These Terms of Use ("Terms") govern your access to and use of the website, engineering tools, databases, and services provided by Daniel & Sons Mining Consulting ("we", "us", "our"). By accessing or using our tools and services, you agree to be bound by these Terms. If you do not agree, you must not use our tools or services.

1. Educational Purpose

All tools, calculators, and models on this site are provided strictly for educational and preliminary estimation purposes only. They are intended to support learning, early-stage project scoping, and conceptual-level analysis. They are not a substitute for professional engineering advice, detailed feasibility studies, or site-specific design work.

No tool output should be relied upon as the sole basis for engineering design, procurement, construction, operational, or investment decisions.

2. Tools Under Active Development

Our tools are under active and continuous development. Features, calculation models, input parameters, default values, and outputs may be added, modified, or removed at any time without prior notice. We make no representation that any tool will remain available, unchanged, or error-free.

While we endeavour to source our models from published academic research and validate against independent data, the presence of bugs, inaccuracies, or limitations in any tool is always possible. Users should treat all outputs as indicative estimates subject to verification.

3. No Warranty

All tools and services are provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant that any tool will produce correct, complete, or reliable results, or that results will be suitable for any particular application or project.

4. Limitation of Liability

To the maximum extent permitted by law, Daniel & Sons Mining Consulting, its directors, employees, and contractors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with:

• Your use of, or inability to use, any tool or service
• Any errors, inaccuracies, or omissions in tool outputs
• Any decisions made or actions taken based on tool results
• Improper use, misapplication, or misinterpretation of results
• Any loss of data, profits, or business opportunities

Daniel & Sons accepts no liability for improper use, misapplication, or any decisions made based on the results produced by our tools. You use our tools entirely at your own risk.

5. Professional Verification Required

All outputs from our tools must be independently verified by suitably qualified and experienced professionals before being used in any engineering design, operational decision, financial analysis, or regulatory submission. It is your sole responsibility to ensure that any results are appropriate for your intended use and comply with all applicable standards, codes, and regulations.

6. Intellectual Property

All calculation models, proprietary databases, tool implementations, source code, and content on this site are the intellectual property of Daniel & Sons Mining Consulting or are used under licence from their respective authors. Unauthorised reproduction, distribution, or reverse engineering of our tools or data is prohibited.

Where our models are derived from published academic research, we acknowledge the original authors and provide references. This does not grant users any licence to the underlying research beyond what is provided through our tools.

7. User Responsibilities

By using our tools and services, you agree to:

• Use the tools only for lawful purposes and in accordance with these Terms
• Not rely on tool outputs as a substitute for professional engineering judgement
• Independently verify all results before applying them to real-world projects
• Not attempt to reverse engineer, decompile, or extract the source code or proprietary data underlying our tools
• Not use our tools in any way that could damage, disable, or impair our services

8. Subscriptions & Billing

Access to most tools and databases is provided through paid subscription tiers, ranging from free tools through to the Full Circuit Simulator. Tiers are cumulative — each tier includes all tools from lower tiers. Current tiers, inclusions, and prices are shown on our pricing page.

• Subscriptions are available on monthly or yearly billing cycles
• All prices are in United States Dollars (USD) unless stated otherwise
• Payments are processed securely by our payment provider, Stripe. We do not store your full card details on our servers
• You must provide accurate billing information and keep it up to date

9. Automatic Renewal

Subscriptions renew automatically at the end of each billing period (monthly or yearly) until cancelled. By subscribing, you authorise us and Stripe to charge your nominated payment method the applicable subscription fee at each renewal.

You can cancel at any time from your dashboard via Manage Billing, which opens the secure Stripe billing portal. When you cancel, your subscription remains active until the end of the period you have already paid for, and you will not be charged again. Except as set out in our Refund Policy or required by law, no refund is provided for the unused portion of a billing period.

10. Free Trial

A 7-day free trial is available for the Circuit Design Suite (Tier 3) subscription. A valid payment method is required to start the trial. At the end of the trial period, the trial automatically converts to a paid subscription and your payment method is charged, unless you cancel before the trial ends.

• You may cancel at any time during the trial via Manage Billing on your dashboard, at no charge
• The free trial is limited to one per customer
• We may modify or withdraw the free trial offer for new sign-ups at any time

11. Price Changes

We may change subscription prices from time to time. If we change the price of your subscription, we will give you at least 30 days notice by email before the new price takes effect. Price changes apply from your next renewal after the notice period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

12. Refunds

Our approach to refunds is set out in our Refund Policy, which forms part of these Terms. In summary: billing errors and duplicate charges are always refunded in full, other refund requests are assessed as described in the Refund Policy, and nothing in the Refund Policy limits your rights under the Australian Consumer Law.

13. Consumer Guarantees (Australian Consumer Law)

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified.

To the extent permitted by law, our liability for a failure to comply with a consumer guarantee in relation to services not of a kind ordinarily acquired for personal, domestic, or household use is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

The disclaimers and limitations in sections 3 and 4 apply only to the extent permitted by law and are subject to this section.

14. Account Termination

You may close your account at any time by contacting us. Closing your account cancels any active subscription in accordance with section 9.

We may suspend or terminate your account or access to any tool or service, with or without notice, if:

• You breach these Terms, including the user responsibilities in section 7
• A subscription payment fails and is not remedied within a reasonable time
• We reasonably suspect fraudulent, abusive, or unlawful use of our services

If we terminate your account other than for breach or misuse, we will refund the unused portion of any prepaid subscription period on a pro-rata basis. Sections dealing with intellectual property, limitation of liability, consumer guarantees, and governing law survive termination.

15. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes by email. The "last updated" date at the top of this page indicates when these Terms were most recently revised. Your continued use of our tools after any changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland.

17. Contact Us

For questions about these Terms of Use, contact:

Daniel & Sons Mining Consulting
Email: mike.daniel@cmdconsulting.com.au
Phone: +61 447 550 044
Location: Brisbane, Australia