Skip to content

Terms of Use

Effective Date: January 28, 2025

Last Updated: January 28, 2025

1. Introduction and Acceptance

Welcome to Wellsite. These Terms of Use ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Wellsite Software LLC, a Texas limited liability company ("Wellsite," "Company," "we," "us," "our").

These Terms govern your access to and use of:

  • The Wellsite mobile application (the "App")
  • The Wellsite website located at wellsite.com (the "Site")
  • All related services, features, content, and functionality (collectively, the "Service")

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

2.1 Age Requirement

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old. The Service is designed for use by oilfield professionals and is not intended for minors. We do not knowingly collect or solicit information from anyone under 18 years of age.

2.2 Authority to Bind

If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and such entity.

2.3 Restricted Users

You may not use the Service if you:

  • Are located in, or a resident of, any country subject to U.S. economic sanctions or trade restrictions (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
  • Are listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by the Office of Foreign Assets Control (OFAC)
  • Have been previously banned, suspended, or removed from the Service by Wellsite
  • Are using the Service to benefit any competitor of Wellsite or for competitive intelligence purposes
  • Are using the Service on behalf of any government agency or law enforcement entity for surveillance purposes without proper legal process
  • Have been convicted of any felony or any crime involving fraud, dishonesty, or breach of trust
  • Are prohibited from receiving U.S.-origin products or services under applicable export control laws

2.4 Account Restrictions

Each User may maintain only one (1) account. Creating multiple accounts is prohibited and grounds for immediate termination of all associated accounts.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate, current, and complete
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account or any other security breach

3.2 Phone Number Verification

The Service uses phone number-based authentication. By providing your phone number, you consent to receive SMS messages containing one-time passcodes (OTPs) for authentication purposes. Standard message and data rates may apply.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. Wellsite is not liable for any loss or damage arising from your failure to protect your account credentials. You agree not to share your account or login credentials with any third party.

4. Subscriptions and Payments

4.1 Subscription Plans

The Service offers various subscription tiers with different features and pricing. Current subscription plans, features, and pricing are available at https://wellsite.com/pricing. Wellsite reserves the right to modify subscription plans, features, and pricing at any time.

4.2 Billing and Payment

If you purchase a subscription through the App:

  • Payment Processing: Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
  • Auto-Renewal: Subscriptions automatically renew unless canceled at least twenty-four (24) hours before the end of the current billing period.
  • Renewal Charges: Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.
  • Price Changes: We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the new price.

4.3 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation will take effect at the end of the current billing period. No refunds or credits will be provided for partial subscription periods, unused features, or any other reason, except as required by applicable law.

4.4 Free Features

Certain features of the Service are available without a paid subscription. Wellsite reserves the right to modify, limit, or discontinue free features at any time without notice.

4.5 Taxes

You are responsible for all applicable taxes related to your use of the Service and any purchases made through the Service.

5. Wellsite Contributor Program

5.1 Eligibility and Approval

Premium subscribers may apply to become approved contributors ("Contributors") through the Service. Acceptance into the Contributor Program is at Wellsite's sole discretion. Meeting eligibility requirements does not guarantee acceptance.

5.2 Content Submission

Contributors may submit field reports, photographs, and other content ("Contributor Content") through the Service. All Contributor Content is subject to review by Wellsite and must comply with our content guidelines and quality standards.

5.3 Content Ownership

BY SUBMITTING CONTRIBUTOR CONTENT, YOU IRREVOCABLY ASSIGN AND TRANSFER TO WELLSITE ALL RIGHT, TITLE, AND INTEREST IN AND TO SUCH CONTRIBUTOR CONTENT, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS THEREIN. This assignment includes, without limitation:

  • The right to reproduce, modify, adapt, translate, and create derivative works
  • The right to distribute, publicly display, and publicly perform
  • The right to use for any commercial purpose, including marketing, advertising, and promotional materials
  • The right to sublicense any or all of the foregoing rights to third parties

You waive any moral rights or rights of attribution you may have in the Contributor Content to the fullest extent permitted by law.

5.4 Payment Terms

  • Payment Method: Contributors are paid via direct deposit to a bank account designated by the Contributor.
  • Payment Schedule: Payments are processed monthly.
  • Minimum Threshold: You must accumulate a minimum balance of One Hundred Dollars ($100.00) before payment will be issued. Balances below this threshold will roll over to the following month.
  • Tax Reporting: Contributors are responsible for all applicable taxes on earnings. Wellsite may require tax documentation (such as IRS Form W-9) before issuing payments. Wellsite will issue IRS Form 1099 as required by law.

5.5 Content Rejection and Removal

Wellsite reserves the right, in its sole discretion, to:

  • Reject any Contributor Content that does not meet quality standards or content guidelines
  • Remove previously published Contributor Content at any time for any reason
  • Withhold payment for rejected or removed content
  • Modify, edit, or alter Contributor Content before or after publication

No compensation is owed for content that is rejected, removed, or not published, regardless of the reason.

5.6 Program Termination

Wellsite may terminate your participation in the Contributor Program at any time, with or without cause, with or without notice. Upon termination:

  • Your ability to submit new Contributor Content will be revoked
  • Any pending balance at or above the minimum threshold will be paid within 60 days
  • Balances below the minimum threshold will be forfeited
  • Wellsite retains all rights to previously submitted Contributor Content

6. Wellsite Direct

6.1 Platform Role

Wellsite Direct is a feature that facilitates communication between Users and third-party vendors, suppliers, and service providers ("Vendors"). WELLSITE IS SOLELY A PLATFORM AND IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND VENDORS.

6.2 No Agency Relationship

Wellsite does not:

  • Endorse, warrant, or guarantee any Vendor, product, or service
  • Control Vendors' pricing, availability, quality, safety, legality, or delivery
  • Act as an agent for Users or Vendors
  • Take possession of, handle, or transport any goods
  • Provide any goods or services offered by Vendors

6.3 User-Vendor Transactions

All transactions, agreements, and disputes between Users and Vendors are solely between those parties. You acknowledge and agree that:

  • You are solely responsible for evaluating Vendors before engaging in any transaction
  • All payment terms, delivery terms, warranties, and other terms are between you and the Vendor
  • Any disputes regarding products, services, payment, or delivery must be resolved directly with the Vendor

6.4 Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLSITE DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING FROM OR RELATED TO:

  • Any transaction between Users and Vendors
  • The quality, safety, legality, or availability of any products or services
  • Late, failed, or incorrect deliveries
  • Defective, damaged, or nonconforming products
  • Vendor fraud, misrepresentation, or misconduct
  • Any injury, death, or property damage resulting from products or services obtained through Wellsite Direct
  • Any dispute between Users and Vendors

YOUR USE OF WELLSITE DIRECT AND ANY TRANSACTIONS WITH VENDORS ARE ENTIRELY AT YOUR OWN RISK.

7. Location Services and Presence Features

7.1 Location Data Collection

The Service includes location-based features, including automatic check-in and check-out at wellsites ("Presence Features"). By enabling Presence Features, you consent to the collection, processing, and storage of your precise geographic location data, including when the App is running in the background.

7.2 Presence Visibility

  • If you disable Presence Features, you will not be visible to other Users and will not see other Users' presence.
  • If you enable Presence Features, your presence will be visible only to members of Teams you have joined.
  • Presence data is not shared with third parties outside of your Teams, except as required by law or as described in our Privacy Policy.

7.3 Data Retention

Location and presence data may be retained indefinitely. By using the Presence Features, you consent to this retention.

7.4 Accuracy Disclaimer

Location data relies on your device's GPS and other sensors. Wellsite does not guarantee the accuracy of location data and is not liable for any inaccuracies.

8. User Content and Conduct

8.1 User Content

"User Content" means any content you submit, post, upload, or transmit through the Service, including but not limited to text, photographs, images, data, and feedback (excluding Contributor Content, which is governed by Section 5).

8.2 License to User Content

By submitting User Content, you grant Wellsite a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in any media now known or hereafter developed, for any purpose, including commercial purposes, without compensation or attribution to you.

You represent and warrant that:

  • You own or have the necessary rights to submit the User Content
  • The User Content does not infringe any third party's intellectual property rights, privacy rights, or other rights
  • You have obtained all necessary consents and releases

8.3 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Harmful or Illegal Activities:

  • Violating any applicable federal, state, local, or international law or regulation
  • Engaging in any activity that is fraudulent, false, or misleading
  • Harassing, threatening, intimidating, or stalking any other User
  • Promoting violence, hatred, or discrimination against any person or group
  • Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity
  • Engaging in any activity that could damage, disable, overburden, or impair the Service

Data Misuse:

  • Using data obtained from the Service for securities trading, investment decisions, or financial speculation
  • Scraping, harvesting, or collecting data from the Service through automated means without express written permission
  • Using data obtained from the Service for competitive intelligence or to benefit any competitor of Wellsite
  • Selling, licensing, or distributing data obtained from the Service to any third party
  • Using data obtained from the Service to build or enhance any competing product or service
  • Using the Service to compile mailing lists or databases for unsolicited communications

Security Violations:

  • Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks
  • Circumventing, disabling, or interfering with any security features of the Service
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Service
  • Introducing viruses, malware, or other harmful code into the Service
  • Conducting any penetration testing, vulnerability scanning, or security assessment without written authorization

Platform Abuse:

  • Creating multiple accounts or accounts on behalf of another person without authorization
  • Using the Service to send spam, chain letters, or other unsolicited communications
  • Interfering with or disrupting the integrity or performance of the Service
  • Using any automated system, including "robots," "spiders," or "offline readers," to access the Service
  • Submitting false, inaccurate, or misleading information, including false field reports
  • Manipulating or attempting to manipulate the Contributor Program earnings
  • Circumventing any access restrictions or usage limits

Content Violations:

  • Posting content that is defamatory, libelous, or invasive of another's privacy
  • Posting content that is obscene, pornographic, or sexually explicit
  • Posting content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Posting content that contains confidential or proprietary information of any third party without authorization
  • Posting false, misleading, or deceptive field reports or well information

8.4 Monitoring and Enforcement

Wellsite reserves the right, but has no obligation, to:

  • Monitor the Service for violations of these Terms
  • Remove or refuse to post any User Content for any reason
  • Take appropriate legal action against anyone who violates these Terms
  • Terminate or suspend access to all or part of the Service for any or no reason

9. Well Data and Intellectual Property

9.1 Wellsite Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video, audio, design, selection, and arrangement) are owned by Wellsite, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Well Data Ownership

Wellsite owns all well data, regulatory data, activity data, and derived data compiled, aggregated, or created by Wellsite through the Service ("Well Data"). To the extent you provide any data relating to wells or oilfield operations that you own or control, you hereby grant Wellsite a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such data for any purpose.

9.3 Limited License to Users

For use of the App on Apple devices, the scope of your license is further governed by Section 19.2. Subject to your compliance with these Terms, Wellsite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use the Service for your personal or internal business purposes
  • View and use Well Data displayed through the Service for your personal or internal business purposes

This license does not include the right to:

  • Sell, resell, license, or commercially exploit the Service or any Well Data
  • Copy, reproduce, distribute, publicly display, or publicly perform any content from the Service
  • Modify, create derivative works from, or reverse engineer any part of the Service
  • Use any data mining, robots, or similar data gathering methods
  • Download or copy any content except as expressly permitted

9.4 Trademarks

"Wellsite," the Wellsite logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wellsite or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.

9.5 Data Export

Users may request export of their personal data by contacting support@wellsite.com. Wellsite reserves the right to charge a reasonable administrative fee for data export requests. Data export requests will be fulfilled within a reasonable timeframe at Wellsite's discretion.

10. Third-Party Services and Links

10.1 Third-Party Services

The Service may integrate with or provide access to third-party services, websites, or applications ("Third-Party Services"). Your use of Third-Party Services is subject to the terms and privacy policies of those third parties. Wellsite is not responsible for Third-Party Services and does not endorse or assume any responsibility for their content, privacy policies, or practices.

10.2 Third-Party Links

The Service may contain links to third-party websites or resources. These links are provided for your convenience only. Wellsite has no control over the contents of those sites and accepts no responsibility for them or any loss or damage that may arise from your use of them.

10.3 App Stores

The Service is made available through Apple App Store and Google Play Store (each, an "App Store"). Your use of the Service is also subject to the terms and conditions of the applicable App Store, including the Apple Media Services Terms and Conditions. You must comply with all applicable third-party terms of agreement when using the App, including your wireless data service agreement and any other agreements with third-party service providers. In the event of any conflict between these Terms and the App Store terms, these Terms shall govern to the extent permitted.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED
  • WARRANTIES THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

WELLSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:

  • ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE
  • THE ACCURACY OF WELL DATA, REGULATORY DATA, OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE
  • ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, INCLUDING VENDORS
  • THE CONDUCT OF ANY USERS OR THIRD PARTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WELLSITE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES RESULTING FROM:
    • YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
    • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
    • ANY CONTENT OBTAINED FROM THE SERVICE
    • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
    • ANY TRANSACTIONS WITH VENDORS THROUGH WELLSITE DIRECT
    • ANY RELIANCE ON WELL DATA OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE
    • ANY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WELLSITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WELLSITE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT YOU PAID TO WELLSITE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR
  • ONE HUNDRED DOLLARS ($100.00)

THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WELLSITE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:

  • Your violation of these Terms
  • Your use of the Service
  • Your User Content or Contributor Content
  • Your violation of any rights of any third party
  • Your violation of any applicable law or regulation
  • Any transaction between you and any Vendor
  • Your use of Well Data or any other information obtained through the Service
  • Any claims by your employer related to your use of the Service
  • Any claims related to your participation in the Contributor Program

Wellsite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Wellsite in asserting any available defenses.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Wellsite at legal@wellsite.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, either party may initiate formal proceedings as described below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If the informal dispute resolution process does not resolve the dispute, any controversy or claim arising out of or relating to these Terms, the Service, or your relationship with Wellsite shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

Arbitration Terms:

  • Location: Arbitration shall take place in Houston, Texas, unless you and Wellsite agree otherwise or the AAA rules require a different location.
  • Arbitrator: The arbitration shall be conducted by a single neutral arbitrator.
  • Governing Law: The arbitrator shall apply Texas substantive law and the Federal Arbitration Act.
  • Discovery: Discovery shall be limited to what is necessary for the efficient resolution of the dispute.
  • Award: The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
  • Fees: Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party.
  • Confidentiality: All aspects of the arbitration proceeding, including the award, shall be confidential unless disclosure is required by law.

14.3 Class Action Waiver

YOU AND WELLSITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes shall proceed in court.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

  • Bring an individual action in small claims court for disputes within the court's jurisdictional limits
  • Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information

14.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@wellsite.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, phone number, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Wellsite may pursue claims against each other in court.

14.6 Survival

This arbitration provision shall survive termination of these Terms and your use of the Service.

15. Account Termination

15.1 Termination by You

You may terminate your account at any time by contacting support@wellsite.com or through the account settings in the App. Termination does not entitle you to any refund of subscription fees.

15.2 Termination by Wellsite

Wellsite may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if:

  • You breach any provision of these Terms
  • You engage in any prohibited conduct described in Section 8.3
  • You provide false, inaccurate, or misleading information during registration or use of the Service
  • Your account has been inactive for an extended period
  • You fail to pay any applicable subscription fees
  • We receive a valid legal request from law enforcement or a government agency
  • We determine, in our sole discretion, that your continued use poses a risk to Wellsite, other Users, or third parties
  • We discontinue or materially modify the Service
  • You engage in any activity that could create liability for Wellsite
  • You use the Service in a manner that could damage Wellsite's reputation
  • We believe your account has been compromised
  • You attempt to circumvent any security measures or access restrictions
  • You submit fraudulent or manipulative Contributor Content
  • You engage in abusive behavior toward Wellsite employees, contractors, or other Users

Wellsite may also terminate any account that has been associated with previously terminated accounts or that we reasonably believe is being used to evade a prior termination.

15.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease
  • All licenses granted to you under these Terms will immediately terminate
  • Wellsite may delete your account and associated data, or retain such data as described below
  • Any pending Contributor Program balance below the minimum threshold will be forfeited
  • You remain liable for all amounts due

15.4 Data Retention After Termination

Upon termination, Wellsite may, in its sole discretion:

  • Retain your User Content and Contributor Content indefinitely
  • Continue to use, display, and distribute your User Content and Contributor Content as permitted under these Terms
  • Retain your account information and usage data for legal, regulatory, or business purposes
  • Delete your personal account information in accordance with our Privacy Policy

15.5 Appeals

If you believe your account was terminated in error, you may submit an appeal by emailing legal@wellsite.com within thirty (30) days of termination. Appeals must include your name, the email or phone number associated with your account, and a detailed explanation of why you believe the termination was in error. Wellsite will review appeals in its sole discretion and is under no obligation to reinstate any terminated account.

15.6 Survival

The following sections shall survive termination: Section 5.3 (Content Ownership), Section 8.2 (License to User Content), Section 9 (Well Data and Intellectual Property), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Dispute Resolution and Arbitration), Section 15.4 (Data Retention After Termination), Section 16 (Governing Law), Section 19 (Apple App Store Provisions), and any other provisions that by their nature should survive termination.

16. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Subject to Section 14 (Dispute Resolution and Arbitration), you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Harris County, Texas, and you hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Wellsite concerning the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

17.3 Waiver

The failure of Wellsite to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Wellsite.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Wellsite. Wellsite may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment in violation of this section shall be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except that Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms with respect to your use of the App.

17.6 Notices

All notices to Wellsite shall be sent to:

Wellsite Software LLC
PO Box 131111
Houston, Texas 77219
Email: legal@wellsite.com

Notices to you may be sent to the email address or phone number associated with your account. Notice shall be deemed given upon delivery if delivered personally, upon sending if sent by email, or upon the date of posting if posted on the Service.

17.7 Force Majeure

Wellsite shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17.9 No Agency

No agency, partnership, joint venture, or employment relationship is created by these Terms, and you have no authority to bind Wellsite in any respect.

17.10 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by OFAC. You represent and warrant that you are not located in, or a resident of, any country subject to U.S. sanctions and are not listed on any U.S. government list of prohibited or restricted parties.

17.11 Government Users

If you are a U.S. government end user, the Service is a "commercial item" as defined in 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as those terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202. The Service is licensed to U.S. government end users only as a commercial item and with only those rights as are granted to all other end users under these Terms.

17.12 California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Future API Access

Wellsite reserves the right to offer application programming interface ("API") access to the Service in the future. Any future API access will be subject to separate API terms and conditions, which must be agreed to before API access is granted. Wellsite makes no representations or warranties regarding the availability, functionality, or terms of any future API.

19. Apple App Store Provisions

The following provisions apply to the extent you access or download the App from the Apple App Store. These provisions are required by Apple and shall take precedence over any conflicting terms in these Terms of Use solely with respect to apps distributed through the Apple App Store.

19.1 Acknowledgement

You and Wellsite acknowledge that these Terms are concluded between you and Wellsite only, and not with Apple Inc. ("Apple"). Wellsite, not Apple, is solely responsible for the App and the content thereof. These Terms may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you accepted these Terms.

19.2 Scope of License

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

19.3 Maintenance and Support

Wellsite is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and Wellsite acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

19.4 Warranty

Wellsite is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Wellsite's sole responsibility.

19.5 Product Claims

You and Wellsite acknowledge that Wellsite, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks, if applicable.

19.6 Intellectual Property Infringement

You and Wellsite acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Wellsite, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

19.7 Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19.8 Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the App, including but not limited to your wireless data service agreement and any other agreements with third-party service providers.

19.9 Third-Party Beneficiary

You and Wellsite acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

20. Contact Information

If you have any questions about these Terms, please contact us:

Wellsite Software LLC
PO Box 131111
Houston, Texas 77219

Email: legal@wellsite.com

For general support: support@wellsite.com

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.