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, expense, and ownership data, organization finance, document and email imports, validations, dashboards, reporting, and analytics, on desktop and phone. Some features are optional add-ons that the Customer enables. Access is provided to Customers under a subscription or other commercial agreement or a free trial (see Section 7), and to individual users through accounts created by their organization's administrator or by signing up for a free trial.
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 optional integrations, including Gmail (importing email attachments according to rules each user configures) and QuickBooks Online (bringing the organization's income and expenses into the Service). By connecting an account, you represent that you are authorized to grant the Service access to it. You may disconnect an integration at any time; the Customer's administrators and our staff may also remove a connection. Use of third-party services is additionally subject to those providers' own terms. Our handling of data from these services is described in our Privacy Policy, and our handling of Google user data is consistent with the Google API Services User Data Policy (including Limited Use).
The Service may also give the Customer an email address for forwarding statements. Customer is responsible for what is sent to that address and should share it only with people it trusts to send files on its behalf.
5. Automated Processing and Computed Results; Review Required
The Service uses automated (AI-assisted) processing to convert documents and emails into structured records, to answer questions in the in-app assistant, and to write summaries. It also computes results from Customer Data, such as ownership history, validations, duplicate checks, dashboards, health scores, trend projections, and estimates. Automated processing and computed results can be inaccurate or incomplete, and projections and estimates are trends, not forecasts.
Imported records can be reviewed before they are saved, but an organization may choose to import matching files automatically. Customer is solely responsible for reviewing and verifying all imported, extracted, and computed 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 add-on features and usage-based charges (for example, for automated document processing and the in-app assistant). Payments are processed by Stripe and are subject to Stripe's terms. Unpaid amounts may result in suspension of access after reasonable notice.
Free trials. We may offer a free trial of the Service for a limited period shown when you sign up. A free trial does not require payment information and is not charged. During a trial, some features are turned off and limits apply (for example, to the number of companies, counterparties, and statements, and to adding users). One free trial is available per person and email address. When the trial ends, access stops until the organization upgrades to a paid account; we may delete a trial organization's data if it is not upgraded within a reasonable period after the trial ends. We may change, extend, or end free trials at any time. Free trials are provided “as is” as described in Section 10.
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 Texas, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Fort Bend County, Texas for any dispute not subject to an agreed alternative process.
15. Contact
Black Gold Analytics LLC
2811 Lost Field Ln, Richmond, TX 77406
Email: admin@BlackGoldAnalytics.com