Last updated: February 3, 2026
This End User License Agreement (“Agreement”) is a legally binding instrument between MineralCache, LLC, a Texas limited liability company (“Licensor,” “MineralCache,” “we,” “us,” or “our”), and the individual or legal entity that accesses or uses the Services (defined below) (“Licensee,” “you,” or “your”). This Agreement governs the use of MineralCache’s client applications, websites, APIs, and any related software components, documentation, and interfaces made available by MineralCache (collectively, the “Software”) as deployed to enable the MineralCache multi-vendor marketplace and ancillary functionality (collectively, with the Software, the “Services”). The MineralCache Terms of Service and Privacy Policy are hereby incorporated mutatis mutandis by this reference.
Subject to continuous compliance with this Agreement, MineralCache grants Licensee a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Software, solely in executable form, solely in connection with the Services, and solely for Licensee’s internal, lawful, ordinary-course buying and selling (or prospective buying and selling) of minerals, fossils, gemstones, and related goods on the MineralCache marketplace. All rights not expressly granted are reserved by MineralCache and its licensors.
Access to the Software requires valid credentials issued by MineralCache. Licensee shall maintain strict control over credentials, systems, and devices used to access the Services and is, ipso facto, responsible for all use occurring under Licensee’s accounts, whether or not authorized, and for implementing appropriate technical and organizational measures commensurate with the sensitivity of data processed via the Services.
Licensee acknowledges that MineralCache is a platform provider and, except where expressly stated, is not the seller of third-party listings. Vendors control their listings, pricing, inventory, and fulfillment. Payment processing may be facilitated by independent processors and card networks. Third-party components, libraries, and services utilized by or interoperating with the Software remain subject to their respective licenses and policies, which Licensee must review independently.
As between the parties, Licensee retains ownership of content it uploads or submits (“User Content”). Licensee hereby grants MineralCache a non-exclusive, worldwide, royalty-free license to host, cache, transmit, reproduce, display, and process User Content solely as necessary to provide, secure, and improve the Services; to comply with law; and to enforce policies. Licensee represents and warrants that it has all rights necessary to grant the foregoing license and that User Content does not violate law or third-party rights.
Suggestions, requests, ideas, or other feedback concerning the Services (“Feedback”) are provided voluntarily and may be used by MineralCache without restriction or obligation of attribution or compensation. Aggregate, de-identified telemetry, usage statistics, and operational learnings derived from Licensee’s use may be exploited by MineralCache to operate and improve the Services.
MineralCache may modify, replace, or discontinue the Software or any feature thereof with or without notice; issue mandatory updates; or suspend access for maintenance, security, legal compliance, or suspected breach. Where practicable, MineralCache endeavors to minimize material regressions affecting core marketplace functionality.
Processing of personal data under this Agreement shall be in accordance with the MineralCache Privacy Policy. Licensee shall not use the Services to process special categories of personal data, payment card data outside supported checkout flows, or data subject to sectoral laws requiring controls materially beyond those described in the Privacy Policy.
Where applicable, Licensee shall pay fees, commissions, or other charges described in the Services or a separate schedule. Prices are exclusive of taxes. Licensee is responsible for chargebacks, reversals, and penalties attributable to its transactions, inter alia, those arising from misdescription, non-delivery, or policy non-compliance.
This Agreement commences upon first access and continues until terminated. MineralCache may terminate or suspend access immediately for breach, legal necessity, or security risk. Licensee may terminate by ceasing use. Upon termination, all rights granted herein cease, and Licensee shall discontinue use and destroy or purge any locally cached fragments of the Software within its possession or control. Sections intended by their nature to survive (including 2, 5–8, 10–17) shall so survive.
Licensee shall comply with U.S. and international export, re-export, and sanctions regulations and shall not access or use the Software in embargoed jurisdictions or for prohibited end uses. The Software is “commercial computer software” and “commercial computer software documentation,” as those terms are used in FAR/DFARS, licensed to U.S. Government users with only those rights set forth herein.
Licensee shall indemnify, defend, and hold harmless MineralCache and its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) User Content; (b) Licensee’s use of the Services in violation of this Agreement, law, or third-party rights; or (c) transactions between Licensee and third-party vendors or buyers.
THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINERALCACHE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE; AVAILABILITY OF INVENTORY; ACCURACY OR RELIABILITY OF LISTINGS; AND CONTINUOUS, ERROR-FREE, OR SECURE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MINERALCACHE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. MINERALCACHE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE OR SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE TO MINERALCACHE FOR THE SERVICES, IF ANY, DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
This Agreement is governed by the laws of the State of Texas, excluding its conflict-of-law rules. Prior to initiating formal proceedings, the parties shall endeavor in good faith to resolve disputes within thirty (30) days after written notice. Except to the extent prohibited, any claim or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration administered in Travis County, Texas, on an individual (non-class) basis. Notwithstanding the foregoing, either party may seek injunctive or equitable relief for actual or threatened misappropriation or infringement in any court of competent jurisdiction.
“Services” means the MineralCache marketplace and related features made available via the Software; “Software” means MineralCache’s proprietary code, interfaces, and documentation enabling the Services; “User Content” means data or materials submitted by Licensee; “Vendor” means a third-party seller using the Services to offer goods; “Buyer” means a purchaser of such goods.
MineralCache, LLC · P.O. Box 5, Llano, TX 78643, USA · support@mineralcache.com