Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (individually and on behalf of the organization you represent) and DATUM LLC ("DATUM," "Company," "we," "our," or "us") governing your access to and use of the DrillSense platform ("Platform"), including all associated services, features, content, and applications.

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not access or use the Platform. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.

2. Definitions

• "Operator" means the oil and gas operating company that has contracted with DATUM for use of the Platform.
• "User Data" means all data, images, files, and information uploaded to or generated within the Platform by or on behalf of an Operator.
• "Service Company" means a third-party entity (e.g., mud logging company) authorized by an Operator to upload data on the Operator's behalf.
• "External User" means an individual affiliated with a Service Company who has been granted access to the Platform.
• "AI Services" means the artificial intelligence, machine learning, and automated analysis features of the Platform.
• "Authorized User" means any individual granted access to the Platform by an Operator or DATUM administrator.

3. Account & Access

3.1 Account Creation

Access to the Platform requires an account provisioned by a DATUM administrator or through an authorized invitation. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.2 Access Controls

The Platform enforces role-based access controls. Your access level is determined by your role (Administrator, Client, Internal Viewer, or User) and your organizational affiliation. You agree to use the Platform only within the scope of your authorized access.

3.3 Account Security

You must notify DATUM immediately of any unauthorized use of your account or any security breach. DATUM is not liable for losses resulting from unauthorized use of your credentials.

4. Data Ownership & License

4.1 Your Data

You (or the Operator you represent) retain all rights, title, and ownership of User Data uploaded to the Platform. DATUM does not claim ownership of your drilling data, images, reports, or any other content you provide.

4.2 License Grant

By uploading User Data, you grant DATUM a non-exclusive, worldwide, royalty-free license to use, store, process, and analyze such data solely for the purposes of: (a) providing the Platform and its services to you; (b) improving the accuracy of analysis models that serve your organization; and (c) generating aggregated, anonymized insights that do not identify any specific Operator, well, or individual.

4.3 Aggregated & Anonymized Data

DATUM may create and use aggregated, de-identified data derived from User Data for the purpose of improving the Platform, conducting research, and developing industry benchmarks, provided that such data cannot reasonably be used to identify any Operator, well, project, or individual.

4.4 Data Export

Upon request, DATUM will provide you with a copy of your User Data in a machine-readable format within a reasonable timeframe.

5. Confidentiality

5.1 Confidential Information

Each party acknowledges that in connection with the Platform, it may receive Confidential Information of the other party. "Confidential Information" includes User Data, drilling operations data, well locations, formation data, proprietary analysis results, and any information designated as confidential or that a reasonable person would understand to be confidential given its nature.

5.2 Obligations

The receiving party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose it to any third party except as permitted by these Terms or with prior written consent; (c) use it only for the purposes contemplated by these Terms; and (d) protect it with the same degree of care used to protect its own confidential information, but no less than reasonable care.

5.3 Operator Data Isolation

DATUM maintains strict data isolation between Operators. No Operator's data is accessible to, shared with, or visible to any other Operator. This isolation is enforced through technical controls at the database, application, and infrastructure levels.

6. Acceptable Use

You agree not to:

• Access data or features beyond your authorized scope
• Attempt to access another Operator's data or another user's account
• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
• Reverse engineer, decompile, or disassemble any aspect of the Platform
• Introduce viruses, malware, or other harmful code
• Use automated tools to scrape, crawl, or extract data from the Platform except through approved APIs
• Circumvent or disable any security or access control features
• Share your login credentials with unauthorized individuals
• Use the Platform to harass, threaten, or impersonate any person

DATUM reserves the right to investigate and take appropriate action, including suspending or terminating access, against anyone who violates these provisions.

7. AI & Analytical Services

7.1 Advisory Nature

The AI Services provided through the Platform, including but not limited to image analysis, formation prediction, drilling parameter analysis, geochemical interpretation, and conversational AI assistance, are advisory in nature. AI-generated outputs are intended to supplement, not replace, professional geological, engineering, and operational judgment.

7.2 No Operational Guarantees

DATUM does not guarantee the accuracy, completeness, or reliability of any AI-generated analysis, prediction, recommendation, or insight. Users should independently verify AI outputs before making operational, safety, or financial decisions.

7.3 Data Use for Model Improvement

AI models may be improved using data from your organization to increase accuracy for your wells and geological context. Your data is never used to train models that benefit other Operators, and cross-operator data is never combined for model training.

8. Third-Party & Service Company Access

Operators may authorize Service Companies and External Users to access the Platform on their behalf. In such cases:

• The Operator is responsible for authorizing and managing Service Company access
• External Users are bound by the same terms and access restrictions as direct users
• External Users may only access data for projects explicitly assigned to them
• DATUM provides technical controls to restrict External User access to their authorized scope
• Service Companies must ensure their personnel comply with these Terms and any applicable confidentiality obligations

9. Intellectual Property

The Platform and its entire contents, features, and functionality -- including but not limited to all software, algorithms, models, designs, text, graphics, interfaces, and trademarks -- are owned by DATUM, its licensors, or other providers and are protected by United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform in accordance with these Terms. This license does not include the right to: (a) modify, copy, or create derivative works of the Platform; (b) sublicense, sell, or redistribute Platform access; or (c) use DATUM's trademarks without prior written consent.

10. Service Availability & Support

DATUM endeavors to maintain high availability of the Platform but does not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance when possible. For current system status, visit our Trust Portal.

Support is available via email at support@drillsense.com and by phone at (405) 237-9209 during business hours.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

You agree to indemnify, defend, and hold harmless DATUM, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Platform; (c) any User Data you upload; or (d) your violation of any applicable law, regulation, or third-party right.

14. Termination

14.1 By You

You may stop using the Platform at any time. To close your account, contact your administrator or DATUM support.

14.2 By DATUM

DATUM may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to: violation of these Terms, non-payment, security incidents, or at the expiration of the service agreement.

14.3 Effect of Termination

Upon termination: (a) your right to access the Platform ceases immediately; (b) DATUM will make your User Data available for export for 90 days following termination, after which it will be permanently deleted; (c) provisions of these Terms that by their nature should survive termination will survive, including Sections 4 (Data Ownership), 5 (Confidentiality), 11 (Warranties), 12 (Liability), and 13 (Indemnification).

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be addressed through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute is not resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Oklahoma City, Oklahoma. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class, consolidated, or representative action.

16. Force Majeure

DATUM shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or cyberattacks.

17. Modifications

DATUM reserves the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' notice via email to the address associated with your account and by posting the revised Terms on the Platform. Your continued use of the Platform after the effective date of modified Terms constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Platform.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable service agreement, constitute the entire agreement between you and DATUM regarding the Platform.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer your rights under these Terms without DATUM's prior written consent. DATUM may assign its rights without restriction.
• No Third-Party Beneficiaries: These Terms do not confer any rights on any third party.

19. Contact Information

For questions about these Terms, contact us at: