Welcome, and thank you for your interest in WellBricks, Inc. (“WellBricks,” “we,” or “us”), a Delaware corporation, and our website at wellbricks.ai, along with our platform, related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service, including the WellBricks Privacy Policy (available at https://wellbricks.ai/privacy), (together, these “Terms”) are a legally binding contract between you and WellBricks regarding your use of the Service.
Please read the following terms carefully. By clicking “I accept,” signing an order form that references these Terms, or by accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by, these Terms. If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Service.
If you are using the Service in the course of your work for an entity or organization that has a master subscription agreement or other written agreement with WellBricks in effect, then that agreement controls in the event of a conflict with these Terms.
1. Agreement to terms
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of them, you may not access the Service.
2. Description of the Service
WellBricks provides software for owners and operators in the energy industry, covering the handling of operational and financial records and related reporting and analysis. The Service includes the hosted application, its interfaces and APIs, support, and documentation.
Access to the Service is currently by invitation only. There is no public registration, and we may decline or withdraw access at our discretion.
WellBricks may update, change, or discontinue any aspect of the Service at any time. We will make reasonable efforts to notify you of significant changes through the Service, by email, or by other reasonable means.
3. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the Service. By agreeing to these Terms, you represent and warrant that:
- You are at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
- You have not previously been suspended or removed from the Service.
- Your use of the Service complies with all applicable laws and regulations.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.
4. Accounts
To access the Service you must have an account, which we issue. You agree to:
- Provide accurate and complete registration information.
- Maintain the security of your account credentials.
- Promptly update any changes to your account information.
- Accept responsibility for all activity under your account.
- Not share your credentials with anyone else.
You are solely responsible for keeping your account and password confidential. If you believe your account is no longer secure, notify us immediately.
5. Acceptable use
You agree not to use the Service to:
- Violate any applicable law or regulation.
- Infringe intellectual property rights.
- Transmit malicious code or conduct security attacks.
- Interfere with anyone else's use of the Service.
- Generate or distribute spam or unauthorized communications.
- Exceed usage limits or circumvent restrictions on the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service.
- Build a similar or competitive product or service.
We may monitor your use of the Service for compliance with these Terms, and may suspend or terminate your access if we determine, in our sole discretion, that you have violated them.
6. Fees
Fees for the Service, if any, are set out in the order form or written agreement between you and WellBricks. You agree to pay all applicable fees as they become due, to provide valid billing information, and to pay applicable taxes.
We may modify our pricing on reasonable notice to you, effective at the start of your next renewal term unless your agreement says otherwise.
We may suspend or terminate access to the Service for any account with unpaid fees, and may charge reasonable costs of collection.
7. Licenses
Subject to your complete and ongoing compliance with these Terms, WellBricks grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
- Reproduce, distribute, publicly display, or create derivative works of the Service.
- Remove or alter any proprietary notices or labels.
- Use the Service in any manner that could damage, disable, overburden, or impair it.
- Use automated means, including spiders, robots, crawlers, or data mining tools, to download data from the Service.
- Use the Service for any purpose other than your own internal business use.
The Service may include open source software. Any use of open source software is governed by its applicable license, not these Terms.
8. Intellectual property
The Service and its original content, features, and functionality are owned by WellBricks and protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.
WellBricks respects the intellectual property rights of others. If you believe your work has been used in a way that constitutes infringement, contact us with details of the alleged infringement.
9. Your data
You retain ownership of the documents, records, and other content you provide to the Service (“Your Data”). You grant us a worldwide, non-exclusive license to host, store, process, and transmit Your Data for the purpose of providing the Service to you.
You represent and warrant that you own or have the necessary rights to Your Data, and that it does not violate the rights of any third party.
We may access, preserve, or disclose Your Data where we reasonably believe it is necessary to:
- Comply with applicable law, regulation, legal process, or a governmental request.
- Enforce these Terms, including investigating potential violations.
- Detect, prevent, or address fraud, security, or technical issues.
- Respond to your support requests.
- Protect the rights, property, or safety of WellBricks, our customers, and the public.
10. Privacy
Our Privacy Policy, at https://wellbricks.ai/privacy, describes how we collect, use, and share information when you use the Service. By using the Service, you consent to those practices.
11. Disclaimer of warranties
The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. WellBricks does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. WellBricks makes no warranties about the accuracy, reliability, completeness, or timeliness of the Service.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Service may present calculations, summaries, and analysis derived from your records. These are provided to support your own judgment and are not accounting, tax, legal, or investment advice.
12. Limitation of liability
To the maximum extent permitted by law, WellBricks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use of, or inability to use, the Service.
- Any unauthorized access to or use of our servers.
- Any interruption or cessation of transmission to or from the Service.
- Any bugs, viruses, or other harmful code transmitted through the Service.
- Any errors, mistakes, or inaccuracies in the Service.
Under no circumstances will WellBricks's aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Service, exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless WellBricks and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Service, Your Data, your violation of these Terms, or your violation of the rights of another person or entity.
WellBricks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with that defense.
14. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for breach of these Terms, violation of law or third-party rights, an extended period of inactivity, non-payment of fees, or at our sole discretion.
On termination, your right to use the Service ceases immediately. We may delete content and other materials relating to your use of the Service, subject to any retention terms in your written agreement with us.
All provisions of these Terms which by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Changes to these terms
We may modify or replace these Terms at any time, and will give notice of material changes through the Service or by email. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.
If you do not agree to the new terms, you are free to reject them, but you will no longer be able to use the Service.
16. Governing law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any legal action or proceeding relating to your access to or use of the Service, or to these Terms, shall be brought in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
17. General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.
Our failure to enforce any right or provision of these Terms is not a waiver of it. A waiver is effective only if in writing and signed by a duly authorized representative of WellBricks.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. WellBricks may assign or transfer these Terms without restriction.
These Terms, including the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and WellBricks regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, on that subject.
18. Contact
Questions about these terms go to legal@wellbricks.ai, or WellBricks, Inc., 3723 Greenville Ave STE 75813, Dallas, TX 75206.