HolePlan™ is a trademark of Hole Plan Ltd. All software code and 3D visualisation logic are protected under the International Copyright Law. This software is an independent engineering tool and is not affiliated with any hardware manufacturer.
Mladost 2, Bl. 221, Ent. 1, Floor 9, Apt. 41
Sofia Municipality, Mladost District
Sofia 1799, Bulgaria
Version: 2.0
Effective Date: 2026-08-20
Last Revised: 2026-08-20
These Terms and Conditions ("Terms") constitute a legally binding agreement between Hole Plan Ltd. ("HolePlan", "Company", "We", "Us", or "Our"), a company registered in the Republic of Bulgaria, and any individual or legal entity ("User", "You", "Your") that accesses, downloads, installs, or uses the HolePlan Desktop App, website, or any related services. Please read these Terms carefully before using our services. Your use of the Services constitutes your acceptance of these Terms in full.
Your privacy rights are governed separately by our Privacy Policy, available at www.holeplan.com/privacy-policy, which is incorporated herein by reference and forms part of the agreement between You and Hole Plan Ltd.
By accessing the HolePlan website, registering for an account, or downloading, installing, or using the Desktop App or any of the Services, You agree to be bound by these Terms. If You are using the Services as an individual, You represent that You have the legal capacity to enter into this agreement. If You are acting on behalf of a resource company, drilling contractor, engineering firm, or any other legal entity, You represent that You have the authority to bind that entity to these Terms.
The Services are intended solely for use in the course of a trade, business, or profession. By registering or subscribing, You confirm that You are acting for purposes relating to Your trade, business, or profession and not as a consumer.
Unless expressly agreed otherwise in writing, these Terms apply to every Subscription and every use of the Services. The version of these Terms in force at the relevant time, as published on our website, applies (see Section 19). A material breach of these Terms entitles the non-breaching party to terminate the agreement unilaterally, without owing any penalties or compensation, where the breach is not capable of remedy or, being capable of remedy, is not remedied within 14 days of written notice. If You do not agree to these Terms, You must not use the Services.
We grant You a non-exclusive, non-transferable, revocable licence to use the Desktop App solely for Your own internal business purposes during the term of your active Subscription or Trial. You do not acquire any ownership of the software code, design, graphical elements, or any other components of the Desktop App, the website, or any other part of the Services.
HolePlan is offered in the subscription tiers described on the pricing page of our website at www.holeplan.com. The features included in each tier and the applicable subscription fees are those published on the pricing page or communicated to You at the time of Your subscription request. All prices are exclusive of VAT unless expressly stated otherwise; VAT will be applied where required by applicable law. Cloud Sync is provided as part of or in addition to Your Subscription, under the plan and pricing arrangements communicated at the time of purchase (see Section 9).
Subscriptions are available for the durations offered on our website or communicated to You at the time of Your subscription request. Multi-period commitments may attract discounted rates as communicated at the time of purchase.
Each user is entitled to one complimentary automated trial on one computer. The trial duration and the feature set included in the trial are those published on the pricing page of our website. The trial commences automatically upon the user's first sign-in to the Desktop App and is limited to one trial per user. Obtaining or attempting to obtain additional trial access through the creation of multiple accounts constitutes a material breach of these Terms.
The User is responsible for ensuring their hardware and operating system meet the minimum system requirements published on the download page of our website, where the currently supported operating systems and versions are also listed. HolePlan shall not be liable for degraded performance resulting from systems that do not meet the published requirements.
Each licence seat entitles one named individual to use the Desktop App under the Subscription. The subscribing User may allocate seats to individuals of their choosing — including employees, contractors, or other individuals — provided that each individual registers their own account, uses their own credentials, and complies with these Terms. Accounts and licence seats may not be shared between individuals, and a seat allocated to an individual may not be transferred to another person (see also Section 16, Transfer Restrictions). Nothing in this Section limits collaboration through the Cloud Sync features described in Section 9.
Each Licence is activated on, and bound to, a single computer through hardware-based device binding. For this purpose, the Desktop App derives a device identifier from the computer's hardware and transmits it to the Company for licence issuance and validation, as described in the Privacy Policy. A Licence cannot be transferred to another computer, whether by the User or by the Company. Using the Desktop App on a different or replacement computer requires a new Licence. The User should therefore choose the computer on which a Licence is activated accordingly.
The device identifier is derived from a key protected by the computer's security hardware and is tied to the operating-system installation and user account. Reinstalling the operating system, using the Desktop App under a different operating-system user account, or resetting or replacing the security hardware (for example, as part of a motherboard replacement) may cause the computer to be recognised as a different device, in which case a new Licence is required.
Subscription fees are due and payable in advance at the commencement of each subscription period. Accepted payment methods and the billing process are described at the time of subscription. Payment is considered received when the full amount has been credited to the bank account designated on the corresponding (proforma) invoice; amounts transferred to any other account are not considered payment. The User bears the charges of their own bank. Licences are issued and access is activated after receipt of full payment. Access ends automatically upon expiry of the paid subscription period (see Sections 8.4 and 20); there is no post-expiry grace period. All fees are non-refundable except as expressly stated in Section 5 (Cancellation and Refund Policy) or as required by applicable law.
Subscriptions do not renew automatically. Each Subscription expires at the end of its agreed period unless the User requests and pays for a new subscription period. Hole Plan Ltd. may, as a courtesy, remind the User of an upcoming expiry or issue a proforma invoice in advance of expiry, without any obligation to do so. The User is solely responsible for requesting a new subscription period in time; Hole Plan Ltd. is not liable for any loss or inconvenience resulting from the expiry of a Subscription that was not renewed.
Hole Plan Ltd. may modify subscription fees at any time. The fees applicable to a subscription request are those in effect at the time of the request, as published on our website or communicated in the corresponding proforma invoice. Changes to fees do not affect Subscription periods that have already been paid for.
The User is responsible for all applicable taxes, duties, and charges arising from the Subscription, including VAT, where applicable. Hole Plan Ltd. will issue invoices in accordance with Bulgarian tax law. Users in other EU member states who provide a valid VAT registration number may not be charged Bulgarian VAT, with VAT self-accounted for by the customer under the EU reverse-charge mechanism.
A Subscription runs for its agreed period and expires automatically at the end of that period (see Section 4.2). No refunds are provided for unused time remaining on an active Subscription, except in the following circumstances:
Refund requests must be submitted in writing to support@holeplan.com within 14 days of the circumstances giving rise to the refund request arising. Where a refund is granted on account of a material defect, the refund is calculated pro rata for the period during which the defect materially prevented use of the Desktop App and, to the maximum extent permitted by applicable law, constitutes the User's sole and exclusive remedy in respect of that defect. Upon issuing a refund, Hole Plan Ltd. may terminate the corresponding Subscription and revoke the associated licences and access. All refund decisions are at the reasonable discretion of Hole Plan Ltd.
HolePlan is a professional decision-support tool for qualified drilling engineers and directional drillers. It does not replace on-site professional judgment, engineering assessment, or compliance with applicable industry standards and regulations.
The Desktop App displays colour-coded Dogleg Severity (DLS) indicators, with the thresholds, colours, and meanings shown in the in-app legend. These indicators are mathematical aids based on standard industry calculation methodologies and are provided for informational purposes only. The User must verify all DLS indications against the specific tolerances of their own drill string, bottom hole assembly (BHA) components, and equipment manufacturers' specifications.
Trajectory projections and natural deviation models are probabilistic estimates. HolePlan cannot account for all geological variables. The Company is not liable for physical variances caused by unpredictable geological conditions.
Hole Plan Ltd. is not liable for drill string failures, rig downtime, wellbore instability, equipment damage, "lost-in-hole" equipment, or any other operational or financial loss arising directly or indirectly from reliance on calculations, projections, or visualisations produced by the Desktop App.
The Desktop App utilises industry-standard mathematical models and international formulas for trajectory calculations and deviation predictions. While the underlying formulas are established public standards, the specific software implementation, source code, 3D rendering engines, integrated predictive logic, calculation and analysis algorithms, user interface design, and all other proprietary components and functionality of the Desktop App and the Services are the exclusive intellectual property of Hole Plan Ltd., protected by copyright and applicable trade secret laws.
The HolePlan name, logo, and trademark are the exclusive property of Hole Plan Ltd. and are protected under applicable national and international intellectual property law. All content within the Desktop App and the Services, including but not limited to database structures, data, names, trademarks, analyses, expert reports, document templates, icons, button designs, and the overall user interface, is subject to copyright with all rights reserved.
The User agrees not to:
You retain 100% ownership of all survey data, lithology data, borehole plans, and Project Data that You create, upload, or generate using the Desktop App, whether stored locally on Your device or in the cloud via Cloud Sync. Hole Plan Ltd. does not claim any intellectual property rights over Your Project Data.
Project Data stored locally resides solely on the User's device. The User is responsible for safeguarding that device and for maintaining backups of their Project Data, using the export features of the Desktop App or Cloud Sync. Transferring Project Data to a new device is likewise the User's responsibility, using the export and import features of the Desktop App or Cloud Sync. Hole Plan Ltd. is not liable for Project Data that is lost, damaged, or corrupted as a result of device failure, loss, or theft, operating system or hardware issues, or during the transfer of exported files between devices.
We do not share Your Project Data with any third party — including other clients, technology vendors, or industry partners — without Your express written consent, except: (a) with the users You Yourself designate as Project Members through Cloud Sync collaboration; and (b) with the hosting and infrastructure providers that operate our Services as data processors on our behalf, as described in the Privacy Policy. We do not access, use, or analyse Your Project Data except as necessary to operate the Services, provide support You request, or comply with applicable law.
Project Data stored locally on Your device remains on Your device regardless of subscription status. For Project Data stored in the cloud via Cloud Sync: upon expiration of Your Subscription or non-payment of fees, Your access to Cloud Sync ends, as an active Subscription is required to use the Desktop App. Your cloud-stored Project Data is retained and becomes accessible to You again when You activate a new Subscription. Where a project has been shared, expiry of the Project Owner's Subscription does not by itself end the Project Members' access: members with active subscriptions may continue to view, edit, and synchronise the shared project. Managing Project Members requires an active Subscription; a Project Owner who wishes to end members' access should therefore revoke it while their Subscription is active, or request revocation in writing as described below.
You may at any time request revocation of Project Members' access to Your projects or permanent deletion of Your cloud-stored Project Data in writing to support@holeplan.com, submitted from the email address associated with Your account; the Company may take reasonable steps to verify the identity and authority of the requester. Deletion will be completed within 30 days of a verified request, subject to residual copies in encrypted backups as described in the Privacy Policy. Deletion of cloud-stored Project Data ends all Project Members' access to it.
Deactivated cloud-stored Project Data is retained for the retention period set out in the Privacy Policy. If no new Subscription is activated within that period — and, in the case of a shared project, no Project Member with an active Subscription retains access to it — the cloud copies are permanently deleted and cannot be restored, even if You subscribe again. Deletion under this Section takes place without further notice; the retention periods stated in these Terms and in the Privacy Policy serve as notice. Deletion applies to the cloud copies; Project Data stored locally on a device is not deleted by the Company. Note, however, that Cloud Sync keeps a device synchronised with the cloud state: if Cloud Sync is re-enabled after the cloud copies have been deleted, Project Data previously synchronised to the device will be removed from it when synchronisation resumes. To preserve such data, export it using the export features of the Desktop App before re-enabling Cloud Sync.
The collection and processing of personal data in connection with Your use of the Desktop App and Services is governed by our Privacy Policy, available at www.holeplan.com/privacy-policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, store, and share personal information.
Cloud Sync is an optional feature that synchronises Your Project Data between Your devices through the Company's cloud infrastructure and enables You to collaborate on projects with other HolePlan users. Cloud Sync data is stored in the European Union (Frankfurt, Germany); additional storage regions may be offered in the future. Cloud Sync is provided as part of or in addition to Your Subscription, under the plan and pricing arrangements communicated at the time of purchase.
Cloud Sync is disabled by default. The Desktop App is fully functional in local mode without Cloud Sync, and Your Project Data remains solely on Your device until You enable Cloud Sync in the application settings. By enabling Cloud Sync, You instruct the Company to store and process Your Project Data in the cloud as described in these Terms and in the Privacy Policy. You may disable Cloud Sync at any time; disabling stops further synchronisation but does not by itself delete data already stored in the cloud (see Section 8.4).
As a Project Owner, You may invite other registered HolePlan users to Your projects as Project Members, with the permissions You assign through the sharing features of the Desktop App. You are solely responsible for deciding who You invite and for ensuring that sharing a project — including any site locations, survey data, or other information it contains — is authorised under Your own obligations to Your employer, clients, or other third parties. The Company provides the sharing mechanism but does not verify a Project Member's authority to receive the shared data.
A Project Owner may change a Project Member's permissions or revoke their access at any time while holding an active Subscription (see also Section 8.4). Revocation stops all further synchronisation of the project to the removed member. However, data already synchronised to a member's device before revocation remains in the local database on that device and cannot be remotely retrieved or deleted by the Company. The removed member remains bound by these Terms in respect of the shared Project Data obtained through Cloud Sync; their right to use that data ends upon revocation, and they shall delete their local copies of the shared Project Data upon the Project Owner's request.
Cloud Sync uses record versioning to coordinate changes made by multiple users. Where two users modify the same record concurrently, the later submission may be rejected and the submitting user prompted to refresh and reapply their change. The Company is not liable for the outcome of concurrent editing decisions made by collaborating users, including modifications overwritten or superseded in accordance with the mechanism described in this Section.
Cloud Sync is provided on an "as available" basis. Synchronisation requires an internet connection and the availability of the Company's cloud infrastructure. Temporary unavailability of Cloud Sync — including in the circumstances described in Section 10 (Service Availability and Maintenance) and Section 18 (Force Majeure) — does not constitute a breach of these Terms, and does not affect the operation of the Desktop App in local mode. Changes made while offline are queued and synchronised when connectivity is restored.
Cloud Sync relies on the Company's server infrastructure, which evolves over time. The Company may require the Desktop App to be updated to the then-current version for Cloud Sync to remain available, including where changes on the server side are incompatible with older versions of the Desktop App. An outdated version continues to operate in local mode; this does not relieve the User of the update obligations in Section 19.3.
The HolePlan website, Cloud Sync, and the other online Services are provided on an "as available" basis. They may be temporarily unavailable, in whole or in part, due to scheduled or unscheduled maintenance, upgrades, security measures, technical faults, or causes outside the Company's reasonable control. Where maintenance is required, it may take longer than anticipated where necessary to ensure the reliability and correct functioning of the Services.
Hole Plan Ltd. is not liable for temporary unavailability, in whole or in part, of the website or the online Services. The Desktop App continues to operate in local mode during any such unavailability, except for features that require connectivity.
To the maximum extent permitted by applicable law, the Company's total aggregate liability for any and all claims arising out of or related to these Terms or the use of the Desktop App or the Services shall be limited to the total amount paid by the User for the Subscription during the six (6) months immediately preceding the event giving rise to the claim.
Hole Plan Ltd. shall not be liable for:
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for damage caused intentionally or by gross negligence.
THE DESKTOP APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE DESKTOP APP OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE USER ASSUMES ALL RISK ARISING FROM THE USE OF THE DESKTOP APP AND THE SERVICES, INCLUDING ANY RELIANCE ON CALCULATIONS, PROJECTIONS, OR VISUALISATIONS.
You agree to indemnify, defend, and hold harmless Hole Plan Ltd. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
This indemnification does not apply to the extent a claim arises from the Company's breach of these Terms or from its intentional misconduct or gross negligence. This indemnification obligation shall survive the termination or expiration of these Terms.
You agree not to use the Desktop App or the Services to:
The User must maintain the confidentiality of their login credentials and must not share their username and password with any third party. If the User, or any authorised person, discovers or reasonably suspects that their credentials have been compromised, they must immediately notify Hole Plan Ltd. at support@holeplan.com and take appropriate protective measures, such as changing their password and, where relevant, reviewing and revoking Project Member access. Compromised credentials may expose not only the User's own data but also projects shared with the User by others.
The Desktop App and any Licence may not be lent, rented, leased, gifted, donated, sold, or otherwise transferred to any other person or entity by any means, without the prior written consent of Hole Plan Ltd. The User may not assign or transfer any rights obtained under this agreement without such consent.
Technical support for the Services is provided by our team of software engineers and drilling experts. Support requests may be submitted by email to support@holeplan.com or through the contact form at www.holeplan.com/contact. We aim to respond within one business day.
The User may request remote access by Hole Plan Ltd. employees or authorised representatives for the purpose of resolving errors, troubleshooting, or making corrections to the database or underlying software. By requesting remote support, the User consents to such access.
Hole Plan Ltd. will maintain confidentiality with respect to any non-public information of the User accessed or learned in the course of providing support, including during remote support sessions, and will use such information only to provide the requested support. Likewise, the User shall keep confidential any non-public information about the Desktop App, the Services, or their internal workings that is disclosed to them or otherwise learned by them — whether in the course of support or otherwise — and shall use such information solely for their own use of the Services and shall not disclose it to any third party.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet outages, cyberattacks, or power failures. The affected party shall notify the other as soon as reasonably practicable and shall take all reasonable steps to mitigate the effects.
Hole Plan Ltd. reserves the right to modify these Terms at any time, provided that such changes do not conflict with applicable legislation. The current Terms are accessible at www.holeplan.com/terms-condition. Users will be notified of material changes by email or by a prominent notice within the Desktop App or on the website, and are encouraged to review these Terms periodically. Changes to these Terms do not adversely affect the rights included in a Subscription period that has already been paid for. Continued use of the Services following notification constitutes acceptance of the revised Terms. If You do not agree to revised Terms, You must discontinue use.
The Company continuously develops the Desktop App, the website, and the Services, and may introduce, modify, or remove features at any time without prior notice, provided that such changes do not materially deprive an active, paid Subscription of its core functionality.
Support is provided for the latest released version of the Desktop App. A previous version is considered supported for seven (7) days following the release of a new version, to allow time to update. The Desktop App checks for available updates when it starts; the User should restart the Desktop App periodically to receive update notifications and must install available updates within a reasonable time. The User must not block, deny, or circumvent updates. The Company may additionally announce new versions by email as a courtesy, without any obligation to do so. Hole Plan Ltd. is not responsible for issues, defects, or damages arising from the use of an outdated version, and access to the online Services (including Cloud Sync) may be unavailable to outdated versions as described in Section 9.7. The User is solely responsible for ensuring their systems meet the requirements of new versions; Hole Plan Ltd. shall have no obligation to refund fees for failure to transition to a supported version.
Upon expiry of the Subscription, access to the Desktop App and the online Services — including Cloud Sync — ends automatically. Cloud-stored Project Data is handled as described in Section 8.4.
Upon expiry or termination of the Subscription, the Licence ends and the User must cease all use of the Desktop App. Any use of the Desktop App without an active Subscription or Trial is unauthorised and constitutes a material breach of these Terms.
In addition, Hole Plan Ltd. may suspend or restrict access to the Desktop App or the Services, in whole or in part, with immediate effect where it reasonably believes that the User has violated Section 7 (Intellectual Property) or Section 14 (Acceptable Use Policy), or that the User's use compromises the security or integrity of the Services. Suspension will be lifted when the grounds for it cease to exist; the termination rights under Section 2 remain unaffected.
These Terms and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. The parties agree that any disputes shall be resolved exclusively by the competent courts in Sofia, Bulgaria.
Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days following written notice of the dispute.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between You and Hole Plan Ltd. with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, representations, or agreements relating thereto.
Failure by Hole Plan Ltd. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Any legal notices required or permitted under these Terms shall be sent to Hole Plan Ltd. at support@holeplan.com or by post to the address stated in the Contact Information section of these Terms. Notices to You will be sent to the email address associated with Your account.
Hole Plan Ltd. may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets. The User may not assign these Terms or any rights under them without the prior written consent of Hole Plan Ltd. (see also Section 16).
Provisions which by their nature should survive — including Sections 6 (Professional Engineering Disclaimer), 7 (Intellectual Property), 8 (Data Sovereignty and Retention), 11 (Limitation of Liability), 12 (Warranty Disclaimer), 13 (Indemnification), 17.3 (Confidentiality), 21 (Governing Law), and this Section 22 — survive the expiry or termination of these Terms.
These Terms are drafted in English. If these Terms are translated into another language, the English version prevails in the event of any discrepancy.
