AuScope EarthBank and Lithodat Terms & Conditions

 

This page summarises terms and conditions for AuScope EarthBank, a platform for easily visualising, analysing and extracting georeferenced data produced by Australian geochemistry laboratories, and Lithodat, designers and makers of EarthBank.


The AuScope EarthBank Platform Terms of Use Agreement

April 2025

What is the AuScope EarthBank Platform?

The AuScope EarthBank platform (formerly the AusGeochem platform) is a cloud-hosted open geochemistry data platform designed to simultaneously act as a geosample-geochemistry synthesis relational database and an active research tool. The primary objective of the platform is to provide sample and data management services to Australian geochemistry laboratories and their users. However, the platform is also open to global users across academia, industry and government, offering comprehensive support for sample and data management.

The AuScope EarthBank platform (EarthBank), funded by AuScope Ltd (AuScope), has been built in collaboration between Lithodat Pty Ltd (Lithodat) and the AuScope Geochemistry Network (AGN) project. The platform has an intuitive user-interface and is equipped with a sample metadata uploader and geochemistry specific dataset uploaders that allows laboratories to readily mint unique and persistent dataset and sample identifiers (e.g., DOI; Digital Object Identifier, IGSN; International Generic Sample Number), upload, archive, disseminate and publicise their sample metadata and associated datasets while maintaining full privacy control.

EarthBank is designed to ensure the preservation and re-utilisation of invaluable sample materials and datasets. Sample information and data uploaded to EarthBank can be interrogated using a variety of inbuilt analytics tools that enable users to visualise and perform data synthesis across a large volume of publicly funded and systematically stored geochemical data.

EarthBank provides access to an open data repository to which Data Contributors can upload data consistent with Findable, Accessible, Interoperable and Reusable (FAIR) data dissemination policies. While Data Contributors maintain privacy control over their datasets, they are encouraged to make their data publicly available within a reasonable period of time and therefore promote collaboration with other researchers/colleagues as well as inspire new scientific findings based on the availability of large-scale datasets.

EarthBank and the AGN project are enabled with funding from the National Collaborative Research Infrastructure Strategy (NCRIS) managed by AuScope.

EarthBank Usage and Acceptance of Terms

The AuScope EarthBank platform provides a service to the global geochemistry community (e.g. viewing and interrogating public data on a map). General Users are able to access the platform without registering and will have unrestricted access to discover and download all publicly available data. Some functionality of the platform will only be accessible to holders of a Data Contributor account, such as uploading data, viewing private data with collaborators, publishing data, and utilising the full data visualisation and analytics capabilities of the platform. Registration of a Data Contributor account is free; however, account holders must agree to comply with the terms of use set out in this Agreement.

It is the responsibility of the Data Contributor to ensure that all account information provided is truthful and accurate. Data Contributor account details are private and must not be shared by the user under any circumstances.

Data Contributors should not knowingly upload irrelevant or erroneous data, nor upload data to which they do not have ownership or rights to use.

EarthBank reserves the right to suspend any Data Contributor account that does not respect the terms of use at any time, without prior notice.

Third-party terms of use  

The AuScope EarthBank platform utilises the features, including but not limited to software, information or data of Lithodat’s LithoSurfer Application. Lithodat requires all users of the EarthBank platform to agree to the terms of use of the LithoSurfer Application (General Users will agree to the terms of use upon download of data, and Data Contributors will agree to abide by the terms of use during account registration). By continuing to use the EarthBank platform, you agree to be bound by the terms of use of the LithoSurfer Application.

In the event of any inconsistency between these terms and the LithoSurfer Application’s terms of use, the terms of use of the LithoSurfer Application will prevail to the fullest extent. The terms of use of the LithoSurfer Application are subject to change at Lithodat’s discretion. If the LithoSurfer Application terms of use change at any time, Data Contributors will be notified of the change; General Users will be made aware of the changes when they download data.

Third-party beneficiary

Lithodat is an express third-party beneficiary of these terms and is entitled to the rights and benefits hereunder. Upon your acceptance of these terms, Lithodat will have the right to enforce these terms against you as a third-party beneficiary thereof.

Data publication settings, ownership and usage

EarthBank allows Data Contributors to upload data and apply a range of permission settings through three ‘Distribution’ states: ‘Private’, ‘In Review’, and ‘Public’. By selecting the ‘Private’ distribution state, the data will only be visible to the Data Contributor who uploaded the data or to selected collaborators. During the publication review process, Data Contributors can select the ‘In Review’ distribution state that allows the data to be viewed only through the provided review link, and will not be findable within the platform by General Users or non-collaborator Data Contributors. When data is published or already within the public realm, the ‘Public’ distribution state allows Data Contributors to share the data with the whole community. These distribution states are designed to allow Data Contributors a limited embargo period to handle and prepare data for publication. However, Data Contributors understand and agree that the AuScope EarthBank platform is intended to provide open access to publicly funded data and therefore agree to convert their data to be publicly available as soon as applicable.

By default, data uploaded to EarthBank will be set as private. However, data that already exists in the public domain must be uploaded as publicly available datasets.

Uploading data to the EarthBank portal is not intended to and does not affect the underlying ownership of the data.

Neither AuScope nor Lithodat can be held responsible for the failure of a Data Contributor to set the correct privacy settings.

Accuracy

EarthBank makes no claims to the accuracy of the data identification, acquisition parameters, processing methods, navigation, database entries, or reference information. Data Contributors are encouraged to upload analytical data for secondary reference material to permit data quality assurance and quality control (QA/QC).

Data and services provided through EarthBank are provided ‘AS IS’ and use of the platform and the data is at the user’s own risk. It is the responsibility of the user to verify the accuracy of the data used for further research.

AuScope requests that platform users notify us immediately of any contributions containing incorrect or objectionable material.

In order to improve the accurate recording of data, Data Contributors are advised to follow the provided conventions on the structure of data uploaded to the platform.

AuScope reserves the right to edit datasets that do not conform to EarthBank data structures and to permanently remove inappropriate or incorrect content.

Security and persistence

Security of data uploaded to EarthBank in the ‘Private’ distribution state is managed through Amazon Web Services (AWS) and Lithodat's data policies. Private data will only be visible and accessible to the data uploader and selected collaborators by the Data Contributor. A backup of data publicised (publicly accessible - set to a ‘Public’ distribution state) through EarthBank will be retained by AuScope (within the AuScope Data Repository) in its organised form at all times, updated on a month-to-month basis through a process outlined in the AuScope EarthBank platform Preservation Plan.

EarthBank web application and storage are built on AWS on servers and data centres in Australia. Security and persistence of data is guaranteed in accordance with AWS policies here. These policies provide redundant (multi-storage location) backup of data and databases, secured networks and computation. Virtual private cloud and database access is managed under Lithodat Pty Ltd. The IT infrastructure that AWS provides to its customers is designed and managed in alignment with best security practices and a variety of IT security standards.

Licence to Use

Where data packages are set to public, non-commercial users can share, modify and use the data provided that they cite the authors (for published datasets in peer-reviewed literature) or data contributors (public, unpublished datasets or published non-peer-reviewed datasets).

EarthBank data is licensed to all users under the terms of the Creative Commons Licence CC-BY 4.0 (Attribution International). By accepting these Terms of Use, all users agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, all users are granted the Licensed Rights in consideration of their acceptance of these terms and conditions, and AuScope grants all users such rights in consideration of the benefits AuScope receives from making the Licensed Material available under these terms and conditions. Full terms and conditions associated with CC-BY 4.0 can be found here.

How to Cite and Acknowledge Data Usage

Data and images downloaded and used from EarthBank should be referenced by making use of the 1) ‘How to Cite’ if the data is from a single data package/publication; or 2) via the references that are included within the sample and data information download file (i.e., a data compilation).  Reference list download button.

Publications that have benefited from the use of EarthBank public data should include the following acknowledgement:

The AuScope EarthBank platform is developed and managed by the AuScope Geochemistry Network through the AuScope-enabled EarthBank project.  AuScope is the National Collaborative Research Infrastructure Strategy (NCRIS) capability for solid-earth science.

In addition, the following citation is recommended:

Boone SC, Dalton H, Prent A, Kohlmann F, Theile M, Gréau Y, Florin G, Noble W, Hodgekiss SA, Ware B, Phillips D, Kohn B, O’Reilly S, Gleadow A, McInnes BIA and Rawling T. 2022. AusGeochem: An open platform for geochemical data preservation, dissemination and synthesis. Geostandards and Geoanalytical Research 46(2), 245-259. https://doi.org/10.1111/ggr.12419

Liability/Indemnity

AuScope does not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

AuScope, the AGN and Lithodat do not prevent or accept responsibility for the incorrect usage of the AuScope EarthBank platform.

All users employing the public data downloaded from EarthBank do so at their own risk. The platform does not guarantee that the data uploaded is free from error. Decisions, interpretations and publications based on EarthBank data are under no circumstances the responsibility of the platform.

Data Contributors accept that the privacy control settings are their responsibility; it is the user’s responsibility to manage access control if there is a need for a dataset to be kept confidential for an embargo period. Collaborative settings and errors in collaborator management are under no circumstances the responsibility of EarthBank and will always be imputable to users.

All users indemnify AuScope and each member of the AGN from and against all losses incurred as a result of the user’s breach of these terms, any law or the rights of any third-party (including intellectual property rights).

Modifications

AuScope may modify, change, add to, terminate, or suspend any part or all of the EarthBank site at any time without providing notice and at our discretion.

AuScope also reserves the right to modify this Terms of Use Agreement at any time by notifying registered Data Contributors of the EarthBank platform.

The Terms of Use Agreement was last updated on April 29th 2025.

Jurisdiction

These Terms will be governed by and interpreted in accordance with the law of the State of Victoria, Australia.

 

Lithodat Terms and Conditions 

The LithoSurfer Application located at https://app.lithodat.com/ is owned and operated by Lithodat Pty Ltd (ACN 627 008 904) (referred to as we/us/our).

These terms and conditions (Terms) govern the access and use of the LithoSurfer Application. Please read all of the important information below. If you do not agree to any of these terms and conditions, please do not continue to use this application.

For the purposes of these Terms, a reference to the word “data” means all forms of data including but not limited to text files, metadata, spatial data, images, video and audio.

Eligibility

The LithoSurfer Application can be used by persons aged sixteen (16) years or older. If you are under sixteen (16) years of age, please exit our platform.

User Registration

You must register on the LithoSurfer Application to access and use the application. If you do not register, you will not be able to access all features on the application.

We collect the following information when you register with us:

  1. Your first name and last name;

  2. Your desired username; and

  3. Your email address.

Please note that you cannot change your username at a later stage

It is your responsibility to ensure that the details you provide are correct. Please check any details carefully before submitting them.

What is the LithoSurfer Application?

The LithoSurfer Application is an intuitive online Data as a Service platform that makes it quick and easy to enter, browse, visualise, analyse and extract geospatial data. At Lithodat Pty Ltd we collect publicly available geospatial data and rigorously transform it before making it available to our users.

By using this application, you will get access to complex datasets and apply them to your workflows. We offer a range of products and services from providing a customised platform for storing, viewing, analysing and publishing your data, creation of complex data models, automated IGSN batch minting and bespoke data extraction, structuring and data mining from public sources.

Our vision is to provide our users with easy, accessible and fast cloud-hosted spatial geoscience databases and built-in analytics to simplify and accelerate the usage of specialist datasets to gain fast new insights about a region of interest.

We offer a wide range of products and services from providing a customised, rebranded and newly skinned LithoSurfer platform for your data, creation of complex data models, automated IGSN batch minting and bespoke data extraction, structuring and mining and consulting and advice for your geospatial data projects.

If you love our product and/or want to learn more about our products and services please feel free to contact us under info@lithodat.com.

How does the LithoSurfer Application operate?

When you register an account with us, you will be able to view, browse, analyse and access various data compilations and shared packages put together by us or other users.

You will also be able to upload your own data and you will have the opportunity to mark your data as private, public or commercial depending on what institute/organisation you are assigned to and what license level your institute/organisation has. However, should you assimilate or use any publicly available data on our application with your private data, then you will be granting us a royalty free, irrevocable licence as per the clause below in that publicly available data and the resulting derivative work. That will not affect the use case for data with a commercial setting which will stay in a fully proprietary state for users with a commercial license.

In addition to uploading the data, you will be able to add people as supervisors and editors of your data packages. If you want to share your private or any other data with any commercial clients via this platform you will need to acquire a commercial licence for LithoSurfer from Lithodat Pty Ltd.

Acceptable use

When you register with us, we will grant you a non-exclusive, non-transferrable, non-shareable, non-sublicensable, revocable, personal, academic and non-commercial licence to access and use the LithoSurfer Application pursuant to these Terms and any additional terms and conditions or amendments to these Terms set forth by us from time to time.

You can use the LithoSurfer Application only for uploading and sharing geoscience data and for viewing, browsing, analysing and accessing various data compilations and packages. You cannot use the LithoSurfer Application for any other purpose including any illegal activities, including but not limited to upload malicious content or infringing material.

You must upload data in accordance with the requirements set by your academic institution and in any event the uploaded data must be consistent with Findable, Accessible, Interoperable and Reusable (FAIR) data dissemination policies.

If you would like to use the LithoSurfer Application for any purpose other than those mentioned above, then please reach out to us at support@lithodat.com.  Unless we agree to the specified purpose in writing and subject to any licensing fee, you cannot use the LithoSurfer Application for that purpose.

Restricted activities

You agree not to:

  1. Reverse engineer, extract, decompile, modify, create derivative works of, or otherwise amend the LithoSurfer Application;

  2. Evade any security feature or functionality of the LithoSurfer Application;

  3. Permit any third party to access or use the LithoSurfer Application;

  4. Use any code or application that interferes with the working of the LithoSurfer Application;

  5. Upload any corrosive or corrupt data;

  6. Use the LithoSurfer Application in any manner which is contrary to an Australian or international law; and

  7. Onsell any information obtained from this LithoSurfer Application, use any data mining robots or other extraction tools or metatag or mirror the LithoSurfer Application.

Payment

The LithoSurfer Application is currently free to use for academic and non-commercial purposes. However, this may change in the future and we may, at our own discretion, begin charging for use of all or part of its features at any time, without notice to you.

Features

Not all features are available to everyone.

If your institution has negotiated a licence agreement with us, then you will be able to access all features of the LithoSurfer Application.

Users that are affiliated with an institution would be able to create their own data packages depending on their institution.

All users, whether affiliated with an institution or not, will be able to access the LithoSurfer Application’s viewing capabilities. Viewing capabilities include but are not limited to viewing publicly available data and interacting with it and may change from time-to-time.

We may, at our own discretion, add a “free” public institution so users that are not affiliated to an academic institution would be able to create few data packages with limited functionality.

Types of data

On the LithoSurfer Application, the four types of data you will encounter are:

  1. Data that we have compiled, extracted, mined, transformed and bundled (covered under the definition of LithoSurfer Materials);

  2. All publicly available data irrespective of the source (Publicly Available Data);

  3. Data that a user marks as public (User Public Data); and

  4. Data that a user marks as private (User Private Data).

  5. Data that is marked as commercial (Commercial Data).

Intellectual Property Rights

We own all intellectual property rights (including but not limited to copyright, patents, trade marks (whether registered or unregistered) in the LithoSurfer Application and its materials, information, content, data compilations and packages, that being data packages, sets and compilations that are mined, cleansed, structure and re-bundled by us (LithoSurfer Materials). You must not reproduce, store, adapt, distribute, display, publish or create similar works from them save as where specified otherwise.

For the avoidance of doubt, intellectual property rights in data uploaded to the LithoSurfer Application will subsist with the user uploading it. However, we and other users of the LithoSurfer Application would have a licence in that data under certain circumstances as elicited in the “Licence in your data” clause.

When you register an account with us, we will grant you a revocable, non-exclusive, non-transferrable, non-shareable, royalty-free and non-sublicensable licence in the LithoSurfer Materials. This licence is for academic and non-commercial use only and for the purpose of using the functionalities of the LithoSurfer Application. You cannot sub-license it to anyone else.

No licence is granted to you either expressly or impliedly in the trade marks, names or logos of the LithoSurfer Application.

Commercial use

You cannot use the LithoSurfer Application and/or LithoSurfer materials and content for commercial purposes. If you wish to use it for commercial purposes, then please contact us at support@lithodat.com. We can provide you with a range of services including but not limited to distributing, discovering and analysing your data.

For the avoidance of doubt, this clause does not intend to prejudice any Creative Common licence rights that may subsist in any Publicly Available Data.

Social media accounts

From time-to-time, we may operate accounts on various social media accounts such as Facebook, Twitter and Instagram. You can join our social media to get the latest updates about our LithoSurfer Application and connect with other members.

You must be respectful and courteous in your interactions on social media accounts. You must not make any vile, racist, sexist, discriminatory or hateful comments on our social media pages. If you make inappropriate comments on our social media pages, then your access to our social media pages and the LithoSurfer Application will be terminated.

Data security

We will adopt reasonable cybersecurity practices to safeguard your personal information and the data uploaded against cyber-attacks, data breaches and hacks. This includes but is not limited to storing the personal information and data on secure servers.

Data back up

We do not back up your data. As such, it is your responsibility to retain a backup of your data. We shall not be responsible for any loss of data if you fail to back up your data.

Licence in your data

When you upload your data to the LithoSufer Application, you will have the opportunity to mark it as private or public. We will not be liable if you fail to set the correct data settings.

By marking the data as public, you are granting us and other users an irrevocable, royalty-free, sublicensable, shareable, unrestricted and transferable licence in the User Public Data.

You have the opportunity to mark the User Public Data as private at a later stage and the aforementioned licence will be revoked; however, the revocation will not have a retrospective effect.

If the User Private Data makes use of Publicly Available Data, then we will be entitled to an irrevocable, royalty-free, sublicensable, shareable, unrestricted and transferrable licence in that portion of data that exploits Publicly Available Data. For the avoidance of doubt, no licence or exploitation rights will be sought in the region of User Private Data that is separate and distinct from the Publicly Available Data.  

If you have registered with us through your educational institute, then depending on your educational institute’s internal policy, your User Private Data will be marked as User Public Data after a certain period of time.

Marketing

By registering with us, you agree for us to send you our newsletter and occasional updates or offers. You can opt-out of receiving any marketing and advertising materials at any time.

Suspension

If you are in breach of these Terms and if the breach is not remedied within four (4) weeks, we reserve the right to suspend your access and use of the Lithosurfer Application.

Terminate

We reserve the right to terminate your access and use of the LithoSurfer Application if you are in a serious breach of the Terms or if you repeatedly breach these Terms.

Testimonials

Any review or other matter that could be regarded as a testimonial or endorsement about the LithoSurfer Application does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of LithoSurfer Application and you acknowledge that testimonials represent the anecdotal experience of individual consumers.

Limitation of liability

We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to the use of LithoSurfer Application, even if advised of the possibility of such damages.

Availability of the application

From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

Variations

We may vary these Terms by giving you written notice at any time. By continuing to use the LithoSurfer Application, you agree to be bound by the varied terms.

Jurisdiction and governing law

These Terms are governed by the laws of the State of Victoria, Australia.

Events which are out of control

We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

Servers and data storage

Our web application makes use of cloud servers and cloud data storage systems so that it can be accessed from anywhere with an internet connection. These servers and storage systems are maintained and operated by independent third parties. We have no control or say over these servers and storage systems.

Therefore, to the extent permissible by law, we shall not be held liable and responsible for any delay or loss if the delay or loss is caused due to the unavailability, inoperativeness, failure or fault of those servers and/or storage systems.

Severability

Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable.

Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

Disclaimer

You acknowledge and agree that, to the extent permissible at law, this LithoSurfer Application and all content, including data and data packages, appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind.

To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of LithoSurfer Application or its content, or any other linked LithoSurfer Application and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this LithoSurfer Application.

We also exclude liability in respect of mistakes or inaccuracies of our  LithoSurfer Application or its contents, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our LithoSurfer Application by a third party or any interruption or cessation of transmission from our LithoSurfer Application.

For the avoidance of doubt, we do not guarantee the accuracy of any data available on the LithoSurfer Application. This is because we collate data from various data sources and then transform it, by cleaning and structuring, for use. We do not have any control or say over that data as it is typically maintained by independent third parties. If you have any queries about the data and its accuracy, then please feel free to contact us.  Under no circumstances, we will be responsible for any loss incurred due to the use of the data available on the LithoSurfer Application.

General provisions

If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.

In the event that we merge, sell or otherwise change control of our business or this LithoSurfer Application, we reserve the right and you hereby consent to us transferring, assigning or sub licensing the rights to use of any personal information and/or user content that you have provided to us.

Privacy policy

For our privacy and policy statement, please refer to our Privacy Policy.

Contact us

If you have any questions, feedback, or complaints regarding the LithoSurfer Application, then please contact us via email at support@lithosurfer.io.


 
 

QUESTIONS?
Please reach out anytime if you need assistance, someone from the AuScope Geochemistry Network (AGN) team can help you — please email us.