Please review and agree to the terms and conditions of sale.
OilfieldX, is the owner and operator of system known as the “Service”. This document (the “Agreement”) is a contract that governs your access to the Service. In this document, we use certain uppercase terms as shorthand to describe who or what we are talking about. The terms “OilfieldX,” “us,” or “we” refer to OilfieldX, We use the term “Subscriber” to be clear that this is a contract between OilfieldX and a company (or other legal entity). Our Privacy Policy explains how we collect and use your information. By signing up for the Service, signing this Agreement or a Service Order referencing this Agreement, or using the Service, you agree on behalf of Subscriber to be bound by this Agreement and our Privacy Policy as of that date (the “Effective Date”) and you represent that you have the power and authority to enter into this Agreement on behalf of Subscriber. In the rest of the Agreement, when we say “you” or “your” we are referring to Subscriber.
1. The Service
The Service may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Service at any time without prior notice to you. We also may impose limitations on bandwidth usage for the Service (in case of security incidents or if we reasonably suspect abuse of the Service) as we, in our sole discretion, determine to be appropriate. You acknowledge and agree that the Service may operate on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). OilfieldX is not responsible for the operation of any Third Party Services, nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services and for complying with any applicable terms or conditions thereof. Lever does not make any representations or warranties with respect to Third Party Services. Any exchange of data or other interaction between you and Third Party Services is solely between you and that third party, and is governed by such third party’s terms and conditions.
2. Your Account
You must provide us accurate information when you create your OilfieldX account. Your OilfieldX account gives you access to the Service. We may maintain different types of accounts for different types of users or organizations. When you connect to OilfieldX through a Third Party Service, you thereby give us permission to access and use your information from that Third Party Service (on such terms as are permitted by that service), and to store your login credentials for that service. You may never use another user’s account without permission. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with OilfieldX or a Third Party Service. Please notify OilfieldX immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Your Users
Subscriber is responsible for managing and administering user accounts for its personnel (“Users”) to access the Service, including granting and revoking access and maintaining the confidentiality of passwords. Users may only use the Service in accordance with the terms of this Agreement. You are solely responsible for any breach of this Agreement by your Users and ensuring your Users use of the Service is in compliance with all applicable laws, employment agreements or employee handbooks.
4. Your Data
Subscriber and Users may input or upload text, images, links, works of authorship, comments, location information and other User-generated content (“Content”). We do not claim ownership of the Content. By posting or sharing Content, Subscriber and Users grants to us only the limited rights that are reasonably necessary for us to provide the Service. During the Term of this Agreement you will have the ability, in a manner consistent with the functionality of the Services, to access, download, modify, and delete your Content. Upon termination of this Agreement, you will no longer have access to your Content, and we will permanently delete your Content from the production systems within 90 days, or sooner upon request. To the extent the Content has been archived to backup systems, that archived copy will be destroyed in accordance with OilfieldX’s standard backup destruction policies.
5. Data Processing
This Agreement constitutes your instructions to us to Process your Content, which the parties acknowledge may contain Personal Data. We will only process your Content to provide the Services and to fulfill our obligations in this Agreement. You agree that we may transfer, store, and Process your Content in the United States and locations other than Subscriber’s country. We will inform you of any legal requirement which prevents us from complying with your instructions, unless prohibited from doing so by applicable law or on important grounds of public interest. Subscriber will obtain and maintain from its Users any consents necessary to allow Subscriber to engage in the activities described in this Agreement and to allow OilfieldX to provide the Services.
6. Confidentiality
We will not disclose your Content to any third party except as follows:
● To the third parties we work with to provide the Services (e.g. hosting companies); provided that such third parties (i) are subject to confidentiality terms at least as restrictive as those in this Agreement and (ii) may use the Content for the sole purpose of providing services to OilfieldX and not for any other purpose or use.
● If you choose to add a third party integration to OilfieldX, OilfieldX may share Content with the provider of the integration. It is your choice whether or not to add an integration and OilfieldX is not responsible for how the provider of the integration may collect and use your Content.
● As required by law or in response to a subpoena or other compulsory legal process (“Third Party Request”), provided however that (i) OilfieldX will make commercially reasonable efforts to promptly notify Subscriber of OilfieldX’s receipt of a Third Party Request, unless the law forbids such notice, and (ii) OilfieldX will comply with Subscriber’s prompt and commercially reasonable requests regarding its efforts to oppose a Third Party Request.
● To protect and defend the rights or property of OilfieldX or its agents, technology vendors or contractors; or act in urgent circumstances to protect the personal safety of Users of the Service or the public.
● To generate aggregated and anonymized information and usage data (“Blind Data”), which will be owned by us and which we may use for any lawful business purpose, including publicly sharing Blind Data about how the Service is used, provided that the Blind Data does not personally identify Subscriber or any User.
7. Security
We maintain industry standard physical, electronic, and procedural safeguards designed to protect your Content. Despite the actions and precautions we take, no data transmissions over the internet can be guaranteed to be 100% secure. Subscriber and its Users acknowledge and agree that Content is transferred to us with all the risk associated with transferring information over the internet in general.
8. Accessibility
The Service may be temporarily unavailable for maintenance and other purposes. Subscriber also specifically acknowledges that outages and downtime may occur with the Service.
9. Free and Paid Plans
● Free Plan. We may offer certain parts of the Service at no charge or free during a trial period (“Free Plan”). Subscriber agrees that all use of the Service while on a Free Plan is at Subscriber’s sole risk. OilfieldX reserves the right to terminate any Free Plan at any time.
● Paid Plan. You can upgrade to a Paid Plan for additional paid features (converting you to a “Paid Plan”). When you do, you will be required to provide a credit card or other payment information and we will bill you on the date you convert (“Paid Plan Effective Date”) and we will continue billing you based on the billing plan you selected.
● Cancel Anytime. You can cancel the Paid Plan or downgrade to a Free Plan, if available, at any time.
● Fees and Payment. The applicable pricing and payment schedule for the Service (“Fees”) are listed at on our Pricing page (unless you enter into a separate Service Order or other written agreement with OilfieldX). Unless we agree otherwise in a Service Order or other written agreement, all Fees are due and payable in advance (either monthly, yearly or other period depending on the selected plan), in U.S. dollars and are exclusive of applicable sales, excise, use or similar taxes. Subscriber will pay these taxes, as required by applicable law. If Subscriber does not pay Fees on time, we may (at our option and in addition to other remedies) (i) charge a late fee on the unpaid balance, (ii) suspend Subscriber’s and its Users’ access to the Service, and (iii) or if unpaid for more than 30 days we may permanently delete Subscriber’s account, its Users’ accounts and associated Content.
10. Beta Services
We may sometimes offer access to new products and features that we are still developing and testing (“Beta Services”), and when we do we’d love to hear your feedback. Beta Services will be marked “beta,” “preview,” “early access” or with a similar designation. Beta Services may not be as reliable as the Service itself, may not have been subject to the same security measures as the Service and are not guaranteed to be released into the Service. The payment, warranty and indemnification sections of this Agreement do not apply to Beta Services. OilfieldX WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES — USE AT YOUR OWN RISK.
11. Intellectual Property Rights
All right, title, and interest in and to the Service are and will remain the exclusive property of OilfieldX and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the OilfieldX name or any of the OilfieldX trademarks, logos, domain names, and other distinctive brand features. You must not reverse engineer or decompile the Service, nor attempt to do so, nor assist anyone else to do so. Our Service may update the software on your device automatically when a new version is available.
12. Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold OilfieldX, its affiliates, officers, agents, employees, suppliers, licensors and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms.
13. No Warranty – OilfieldX is Available “AS-IS”
Though we want to provide a great service, there are certain things about the Service we can’t promise. The Service is provided “as is”, and to the fullest extent of the law, neither OilfieldX nor its agents make any warranty of any kind. OilfieldX males no representations about any information or content in, or from, an end user or company account. OilfieldX is not responsible for the accuracy, appropriateness, or legality of data, or any other information inputted by a user. OilfieldX will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OilfieldX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LEVER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Notice
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via email, text message, or through posting of such notice on our website, as determined by us in our sole discretion.
16. Miscellaneous
All sections of these Terms which by their nature should survive termination of any agreement between you and OilfieldX, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability. Neither OilfieldX nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster or Internet disturbance).
17. Entire Agreement
These Terms (including any amendments, order forms, and any additional agreements you enter into with Lever in connection with the Service) and the Privacy Policy will constitute the entire agreement (“Agreement”) between OilfieldX and you with respect to the subject matter contemplated herein, and supersede all oral statements and prior writings with respect to the subject matter contemplated herein. This Agreement is entered into after full investigation by each party, and neither party is relying on any statement or representation made by the other not embodied in this Agreement. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms shall otherwise remain in effect. No waiver shall be implied from conduct or failure to enforce or exercise rights under these Terms. Nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claiming to have waived.
18. Term and Termination
This Agreement begins on the Effective Date and, unless we agree otherwise in a Service Order or other agreement, will continue (“Term”) until terminated by either the Subscriber or us. Cancellation will be effective at the end of the month that notice is given or at some other date as agreed upon by both parties. OilfieldX may terminate this Agreement by giving Subscriber sixty (60) days notice. Subscriber’s and its Users’ right to use or access the Service will terminate automatically upon notice from us if Subscriber fails to comply with any terms of this Agreement. Upon termination of the Agreement, all rights granted to Subscriber and its Users under this Agreement will cease.
19. Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms.