Terms of Use
These Terms of Use (“Terms”) govern access to and use of the Black Gold Analytics web platform (the “Service”) provided by Black Gold Analytics LLC (“Black Gold Analytics,” “we,” “us”). By accessing or using the Service, you agree to these Terms on behalf of yourself and, if you are using the Service for an organization, on behalf of that organization (the “Customer”). If you do not agree, do not use the Service.
1. The Service
The Service is a business software platform for managing oil and gas well operations, including production, revenue, and expense data, document imports, reporting, and analytics. Access is provided to Customers under a subscription or other commercial agreement, and to individual users through accounts created by their organization's administrator.
2. Accounts and Responsibilities
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You must provide accurate account information and promptly notify us of any suspected unauthorized access.
- Customer administrators are responsible for managing their organization's users, roles, and permissions, including deactivating users who leave the organization.
- You must be at least 18 years old to use the Service.
3. Customer Data
As between the parties, the Customer owns all data it uploads to or imports into the Service, including well, production, revenue, and expense records and documents (“Customer Data”). Customer grants us a limited license to host, process, and display Customer Data solely to provide and support the Service. We handle personal information as described in our Privacy Policy.
4. Email Import and Third-Party Integrations
The Service offers an optional integration with Gmail that imports email attachments according to rules each user configures. By connecting a mailbox, you represent that you are authorized to grant the Service access to it. You may disconnect the integration at any time; the Customer's administrators and our staff may also remove a connection. Use of Google services is additionally subject to Google's own terms, and our handling of Google user data is described in our Privacy Policy, consistent with the Google API Services User Data Policy (including Limited Use).
5. Automated Extraction; Review Required
The Service uses automated (AI-assisted) extraction to convert documents and emails into structured records. Automated extraction can be inaccurate or incomplete. Extracted records are placed in a review queue for human confirmation, and Customer is solely responsible for reviewing and verifying all imported and extracted data before relying on it for any financial, accounting, regulatory, tax, or business purpose. The Service provides data management tools, not financial, legal, tax, or investment advice.
6. Acceptable Use
You agree not to:
- Use the Service in violation of applicable law or third-party rights;
- Attempt to gain unauthorized access to the Service, other Customers' data, or our systems;
- Probe, scan, or test the vulnerability of the Service without our written consent;
- Upload malicious code or content you do not have the right to use;
- Resell, sublicense, or provide the Service to third parties except as agreed in writing;
- Use the Service to develop a competing product.
7. Fees
Use of the Service is subject to the fees set out in the Customer's order or subscription agreement, which may include usage-based charges (for example, for automated document processing). Unpaid amounts may result in suspension of access after reasonable notice.
8. Intellectual Property
We and our licensors own the Service, including its software, design, and documentation. No rights are granted except as expressly stated in these Terms. Feedback you provide may be used by us without obligation.
9. Confidentiality
Each party will protect the other's confidential information with at least the same care it uses for its own (and no less than reasonable care) and use it only as needed to perform under these Terms.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AUTOMATED EXTRACTION RESULTS WILL BE ACCURATE OR COMPLETE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO A PARTY'S BREACH OF CONFIDENTIALITY, MISUSE OF THE OTHER PARTY'S INTELLECTUAL PROPERTY, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
12. Suspension and Termination
We may suspend or terminate access for material breach of these Terms, security risk, or non-payment, with notice where practicable. Upon termination, Customer may request an export of Customer Data within thirty (30) days, after which we may delete it as described in our Privacy Policy. Sections 3 and 8–14 survive termination.
13. Changes to the Service or Terms
We may modify the Service and these Terms. For material changes to the Terms, we will provide notice through the Service or by email; continued use after the effective date constitutes acceptance. If a Customer has a signed agreement with us, that agreement controls over any conflicting term here.
14. Governing Law; Disputes
These Terms are governed by the laws of the State of [State], without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County, State] for any dispute not subject to an agreed alternative process.
15. Contact
Black Gold Analytics LLC
[Street Address], [City], [State] [ZIP]
Email: [legal@yourdomain.com]