These Terms of Use ("Terms") are a binding agreement between you ("you," "your," or "Operator") and Wellsite Software, LLC, a Texas limited liability company with its principal place of business in Houston, Texas ("Wellsite," "we," "us," or "our"). They govern your access to and use of the Wellsite website, web and mobile applications, and related services (collectively, the "Service").
By creating an Account, clicking "Get started," entering a Field Test code, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are accepting these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "Operator" refers to that entity.
1. Definitions
- "Account" means the operator account you register and the associated users, settings, and data.
- "Active Well" means a producing well you operate that is covered under your Premium subscription and on which Wellsite runs full AI analysis. When you subscribe to Premium, all of your producing wells are Active Wells; Active Wells are the basis for Premium billing.
- "AI Output" means any diagnosis, likely cause, recommended action, confidence score, severity tier, expected uplift, estimated payback, financial estimate, forecast, benchmark, or other analysis the Service generates.
- "Customer Data" means data you submit to or generate in the Service, including production entries, pumper logs, uploaded documents, equipment, workover and expense records, and well configurations.
- "Field Test" means a time-limited program under which Wellsite provides Premium access at no charge in exchange for the rights described in Section 11.
- "Free Plan" and "Premium Plan" mean the service tiers described in Section 6.
- "Public Data" means data Wellsite ingests from state regulatory filings (for example, the Texas Railroad Commission and comparable agencies in other states) and other third-party sources.
- "Wellsite Report" or "Report" means a generated artifact summarizing a finding, its likely cause, a recommended action, and associated estimates, which you may share.
- "User" means any individual you invite to your Account (for example, a partner, bookkeeper, pumper, or CPA).
2. Eligibility and Account Registration
The Service is intended for oil and gas operators and the people they authorize. You must be at least 18 years old and able to form a binding contract.
Operator verification. Wellsite uses state regulatory filings as the root of trust for operator identity. When you claim an operator, you represent and warrant that you are authorized to act for that operator and to access and use its data within the Service. Wellsite may verify your authority, including by contacting the operator at the phone number or address on file with the relevant state regulator, and may suspend or refuse access pending verification.
Card on file. A valid payment method is required at signup as a condition of registration, including on the Free Plan. You will not be charged on the Free Plan. You authorize us to store the payment method and to charge it for Premium and other fees you incur.
You are responsible for the accuracy of your registration information, for all activity under your Account, and for safeguarding your credentials.
3. The Service
Wellsite is a production-engineering software platform. It ingests Public Data, documents and records you upload, and production you log directly, analyzes that information against decline curves and similar wells, and surfaces findings and recommendations. The Service includes well and lease organization, document storage and search, equipment, workover and expense tracking, decline-curve and PV10 forecasting, AI monitoring and Reports, team collaboration, and sharing tools.
Wellsite may add, change, or remove features at any time. We will use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted or error-free operation.
4. AI Analysis and Recommendations — Not Engineering Services
Wellsite recommends; you decide. The Service produces analysis and recommendations to inform your decisions. It does not make operational decisions, perform work, or act on your behalf. Every decision to run, defer, or decline a workover, treatment, intervention, shut-in, or other action — and all resulting consequences — is yours alone.
Not professional engineering. Wellsite is software. It is not a licensed engineering firm, and AI Output does not constitute professional engineering services, engineering certification, a sealed or stamped engineering work product, or the practice of engineering under the Texas Engineering Practice Act or any comparable law. AI Output is not a substitute for the independent judgment of a licensed professional engineer or other qualified professional. You are responsible for obtaining any professional review your decisions require.
AI can be wrong. AI Output is probabilistic and may be incomplete, outdated, or incorrect, including likely causes, recommended actions, confidence scores, and severity tiers. Confidence scores express the model's assessment of its own certainty; they are not guarantees. You should independently verify any finding before acting on it.
Your responsibility. You assume all risk arising from your use of, or reliance on, AI Output. You are solely responsible for the safety, legality, regulatory compliance, and outcome of any action you take, including compliance with all applicable lease, operating-agreement, environmental, safety, and regulatory obligations.
5. Financial Estimates
Estimates the Service produces — including PV10, expected uplift, estimated payback, dollars at risk or deferred, decline forecasts, and ROI calculator results — are illustrative and depend on assumptions and on data quality. They are not financial, investment, tax, accounting, reserves, or valuation advice, are not prepared under SEC or SPE reserves standards unless expressly stated, and are not a promise of any result. Do not rely on them as the sole basis for any business, financial, or reporting decision.
6. Plans, Billing, and Payment
Free Plan. The Free Plan is available at no charge and includes your wells, production logging, documents, team, forecasting, and AI monitoring, with Report findings shown in preview (redacted) form.
Premium Plan. Premium unlocks full AI diagnosis, recommended actions with cost and payback, and shareable, unredacted Reports for each Active Well. Premium is billed per Active Well per month at the rates shown on our Pricing page; the price posted there at the time of billing applies. Premium covers every producing well you operate, and all of them are billed as Active Wells.
No trial. There is no countdown trial. You may move wells on and off Premium and may cancel at any time. Changes take effect as described in the application.
Failed payment. If a charge fails, we may suspend Premium features, which can include locking access to unredacted Reports and recommendations until payment is resolved.
Report state at generation. A Report's redaction and sharing state is fixed at the time it is generated and does not retroactively change if a well later moves between plans. Reports you have already generated keep their existing sharing settings.
Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our net income.
7. Wellsite Reports and Sharing
You may share a Report through a secure link. The recipient sees a Report branded with your operator name and does not need a Wellsite Account. You control sharing: you may set links to expire (for example, 7 days, 30 days, or never) and may revoke a link at any time. The Service may show you when a shared Report has been opened.
You are solely responsible for what you share and with whom, including any confidential, proprietary, or third-party information contained in a Report, and for your communications and dealings with any recipient (including service providers, partners, and investors). Sharing a Report does not create any relationship between Wellsite and the recipient, and Wellsite is not a party to and is not responsible for any work, quote, or transaction that results.
8. Customer Data — Ownership, License, and Use
You own your data. As between you and Wellsite, you own your Customer Data. If you leave Wellsite, you may export your Customer Data, and it leaves with you.
License to operate the Service. You grant Wellsite a worldwide, non-exclusive license to host, store, process, transmit, display, and create derivative works of your Customer Data as needed to provide, secure, and support the Service for you.
License to improve the models. You also grant Wellsite a license to use your Customer Data to develop, train, and improve the models and analytics that power the Service. We do not sell your Customer Data, and we do not share it with other operators or expose one operator's data to another. We will not publish or disclose your Customer Data in a form that identifies you or your wells except as you direct (for example, by sharing a Report) or as required by law.
Security and hosting. Customer Data is encrypted in transit and at rest and is hosted in the United States.
Privacy. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.
9. Public and Third-Party Data
The Service relies on Public Data from state regulators and other third parties. That data may be inaccurate, incomplete, delayed, or unavailable, and Wellsite does not control it and does not warrant its accuracy. AI Output built on Public Data carries the same limitations. You are responsible for confirming any Public Data that materially affects a decision.
10. Acceptable Use
You agree not to: (a) access data for an operator you are not authorized to represent; (b) reverse engineer, scrape, or build a competing product from the Service or its outputs; (c) resell or provide the Service to third parties except by sharing Reports as intended; (d) upload unlawful, infringing, or malicious content; (e) interfere with or attempt to circumvent the Service's security, billing, or access controls; or (f) use the Service in violation of law. We may suspend or terminate access for violations.
11. Field Test Program
From time to time Wellsite runs Field Tests with independent operators by region. Participation is subject to these Terms plus the following:
- Cost. Full Premium access is provided at no charge for the Field Test term.
- Term. Each Field Test runs for one year from the date you join, unless stated otherwise for a specific Field Test.
- Eligibility. Eligibility (for example, region and well count) is stated for each Field Test. Joining may require a current Field Test code.
- Leaving. You may stop participating at any time, with no obligation to continue. You may export your Customer Data whenever you like.
- Using the results. By joining a Field Test, you grant Wellsite the right to reference and publicly market the results, metrics, and outcomes of the Field Test, and to identify you as a participant — including by your name and logo — in connection with those results. This is in addition to the general publicity rights in Section 12.
- Data. Field Test Customer Data is handled as described in Section 8.
If a Field Test conflicts with these Terms, the Field Test terms control for that program only.
12. Intellectual Property and Publicity
The Service, including its software, models, AI Output structure, designs, and the marks "Wellsite," "Wellsite Report," and related branding, is owned by Wellsite and protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may use AI Output and Reports for your own business purposes, including sharing Reports as intended.
Publicity. You grant Wellsite the right to use your name, operator name, and logo to identify you as a Wellsite customer in Wellsite's marketing and promotional materials, including on our website, sales materials, and case studies. We will follow reasonable branding guidelines you provide to us in writing. You may withdraw this permission on a going-forward basis by written notice to legal@wellsite.com; withdrawal does not require us to recall materials already distributed.
13. Term and Termination
These Terms apply while you use the Service. You may stop using the Service and close your Account at any time. We may suspend or terminate your access for breach of these Terms, non-payment, or risk to the Service or others. On termination, your right to use the Service ends; you may export your Customer Data for a reasonable period as described in the application; and Sections that by their nature should survive (including Sections 4, 5, 8, 12, 14, 15, 16, and 17) survive.
14. Disclaimer of Warranties
THE SERVICE AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WELLSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY AI OUTPUT, ESTIMATE, OR RECOMMENDATION WILL BE ACCURATE OR PRODUCE ANY PARTICULAR RESULT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLSITE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST PRODUCTION, LOST REVENUE, OR DAMAGE TO WELLS OR EQUIPMENT, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY AI OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY. WELLSITE'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID WELLSITE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
16. Indemnification
You will indemnify and hold harmless Wellsite and its officers, members, and employees from claims, damages, and expenses (including reasonable attorneys' fees) arising out of: (a) your Customer Data; (b) your use of the Service or AI Output, including any operational decision you make; (c) your claim of authority over an operator; (d) Reports you share and your dealings with recipients; or (e) your breach of these Terms or violation of law.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.
Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be seated in Houston, Harris County, Texas, before a single arbitrator, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Class-action waiver. All disputes will be arbitrated only on an individual basis. You and Wellsite each waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding.
Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in the state or federal courts located in Houston, Harris County, Texas to protect its intellectual property, confidential information, or other proprietary rights. For those court matters, you consent to the exclusive jurisdiction and venue of those courts.
18. Changes to These Terms
We may update these Terms. If we make material changes, we will provide notice (for example, in the application or by email) and update the "Last updated" date. Your continued use after changes take effect means you accept the updated Terms.
19. Miscellaneous
These Terms, together with the Privacy Policy and any Field Test terms, are the entire agreement between you and Wellsite regarding the Service and supersede prior agreements on that subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to Wellsite should be sent to legal@wellsite.com or PO Box 131111, Houston, TX 77219.
Questions? Reach us through the Contact page on our website or at legal@wellsite.com.
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