Terms of Service for OG Welly

These Terms of Service (“Terms”) are a binding agreement between you (“you” or “User”) and OG Welly LLC, a Texas limited liability company (“OG Welly,” “we,” “us,” or “our”), governing your access to and use of the OG Welly application, website, data, exports, and related services (collectively, the “Service”).

Supersedes the Terms of Service dated December 1, 2025.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

1. Definitions

These definitions are intentionally broad and are not limited to any particular state, agency, formation, basin, or feature of the Service as it exists today. They are written to cover data and functionality we may add in the future.

• “Public Data” means any data, record, filing, survey, production volume, permit, completion report, header, directional survey, or other information that originates with a governmental, regulatory, or other third-party source, including without limitation the Railroad Commission of Texas and the corresponding agency of any other state or jurisdiction, whether obtained by us now or in the future, and whether delivered to you in raw, cleaned, corrected, joined, normalized, aggregated, mapped, tiled, or otherwise processed form.
• “User Data” means any data, file, log, survey, header, shapefile, grid, top, price deck, or other content you upload to or create within the Service.
• “Generated Output” means any result the Service computes, models, estimates, interprets, renders, or returns, including without limitation structural and isopach grids, formation tops, landing zone assignments, wellbore trajectories and gun-barrel views, cross sections, petrophysical calculations, type curves, decline curve fits, estimated ultimate recoveries (EURs), reserve or resource estimates, forecasts, economic models, net present values, rates of return, cash flow schedules, spacing and infill analyses, maps, symbology, statistics, and any file, report, spreadsheet, or export containing any of the foregoing.
• “Assistant Output” means any text, number, table, figure, chart, recommendation, summary, or other response produced by the Service’s AI assistant or any other automated or machine-learning feature of the Service.

2. Public Data — Source, Processing, and Accuracy

Public Data is obtained from governmental and other third-party sources. We do not create it, audit it, or control it.

• Public Data may be incomplete, outdated, mis-keyed, mis-located, mis-attributed, superseded, or simply wrong at the source. Operators and agencies make reporting errors; filings are amended; records are backdated; identifiers are reused; surveys are estimated. We have no ability to correct errors that exist in the underlying records.
• Bringing Public Data into the Service requires parsing, cleaning, matching, joining across records (including by API number or other identifier), unit conversion, coordinate transformation, deduplication, interpolation, tiling, and other processing. Each of these steps can introduce error, including error that is not present in the source. A record may be attached to the wrong well, a volume may be allocated incorrectly, a survey may be misprojected, or data may be omitted entirely.
• Public Data is refreshed on a schedule of our choosing and may not reflect the current state of any record. Nothing in the Service should be treated as a current, certified, or official copy of any public record. Official records must be obtained from the issuing agency.
• We make no representation that Public Data presented in the Service matches the source, that it is complete for any well, lease, unit, operator, formation, county, or state, or that any particular well or record is included at all.

You are responsible for verifying any Public Data against the official source before relying on it for any purpose.

3. Generated Output — Interpretation, Modeling, and Economics

Generated Output is the product of algorithms and assumptions applied to data that is itself imperfect. It is an estimate, not a measurement, and reasonable practitioners using other methods, inputs, or assumptions will reach different results.

• Grids, tops, and landing zones. Structural and isopach surfaces are interpolated between control points and are uncertain everywhere, and most uncertain where control is sparse. A grid may place a wellbore in the wrong interval, assign the wrong formation, or mis-state depth, thickness, or structure. Landing zone assignments are algorithmic inferences, not determinations of fact.
• Production, forecasts, and reserves. Volumes may be allocated, estimated, or restated at the source. Decline curve fits, type curves, EURs, and any forecast are model outputs that depend on the fitting method, the history available, and the parameters chosen. They are not reserve estimates prepared in accordance with SEC regulations, PRMS, or any other reserve reporting standard, are not audited or certified, and must not be used or represented as such.
• Economics and cash flow exports. Any net present value, rate of return, payout, breakeven, cash flow schedule, or other economic output depends entirely on inputs and assumptions — price decks, differentials, cost assumptions, working and net revenue interests, taxes, royalties, timing, and the underlying production forecast — many of which are defaults, estimates, or values you supplied. A cash flow export is a spreadsheet of assumptions, not a valuation, appraisal, or fairness opinion, and it is not suitable for reserve reporting, financial reporting, lending, or securities purposes.
• Everything else. The same applies to cross sections, petrophysical calculations, spacing and infill analyses, maps, exports, and every other Generated Output, including features added after the date of these Terms.

4. AI Assistant

The Service may include an AI assistant and other automated features built on large language models and similar technologies.

• Assistant Output is probabilistic and can be wrong. It may state incorrect numbers, mis-read or mis-summarize data, apply an inappropriate method, cite a well or record that does not exist or does not match, or present an inaccurate answer in confident and plausible language.
• Assistant Output may not reflect the data actually in your project, may be based on a partial view of it, and may change between identical questions.
• Assistant Output is not reviewed by a human before it reaches you. It must be independently verified before any use. Do not treat it as a calculation you can rely on, and do not pass it on to a third party as fact.

5. Your Responsibility to Verify

The Service is a software tool, not advice. Nothing in it — no Public Data, Generated Output, or Assistant Output — is investment, financial, tax, accounting, legal, engineering, geological, or other professional advice, and nothing in it is a recommendation or solicitation to transact in any well, lease, mineral or royalty interest, acreage position, or other asset. Any indication of value, upside, ranking, or opportunity you perceive in the Service is the product of software and assumptions, not a professional opinion about any asset.

You acknowledge and agree that:

• You are a sophisticated user of oil and gas data and are capable of evaluating the limitations described in these Terms;
• The Service is a screening, visualization, and workflow tool, and is not a substitute for licensed professional judgment, independent engineering or geological evaluation, title work, field verification, or review of official records;
• You will independently verify any Public Data, Generated Output, or Assistant Output before relying on it, and will not rely on the Service as the sole basis for any decision of consequence; and
• You assume all risk arising from your use of, and any reliance on, the Service.

If you provide any Public Data, Generated Output, or Assistant Output to a third party, you do so on your own account and are responsible for its accuracy and for any representation you make about it.

6. Disclaimer of Warranties

7. Limitation of Liability

8. Indemnification

You agree to indemnify, defend, and hold harmless OG Welly and its members, managers, officers, employees, contractors, agents, licensors, and suppliers from and against any claim, demand, suit, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) any decision made by you or any third party in reliance on the Service; (c) your distribution of, or any representation you make about, any Public Data, Generated Output, or Assistant Output; (d) User Data you upload, including any claim that it infringes or misappropriates the rights of another or was uploaded without authorization; or (e) your breach of these Terms or violation of applicable law.

9. Account Registration

You must provide accurate, complete, and up-to-date information when creating an account, and you must be at least 18 years old. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at info@ogwelly.com if you believe your account has been compromised. Accounts are for a single user and may not be shared.

10. Acceptable Use

You agree not to:

• Use the Service for any unlawful, harmful, or unauthorized purpose;
• Attempt to gain unauthorized access to systems, accounts, or data, or probe, scan, or test the vulnerability of the Service;
• Upload or distribute viruses, malware, or other harmful content;
• Scrape, crawl, bulk-download, or systematically extract Public Data or any other part of the Service, or use automated means to access it other than as we expressly permit;
• Resell, sublicense, redistribute, or make the Service or Public Data available as a substitute for it to any third party;
• Circumvent, disable, or interfere with usage limits, storage limits, rate limits, metering, or any other technical restriction, including those applicable to your plan;
• Reverse engineer, decompile, or attempt to derive the source code, models, algorithms, or underlying data structures of the Service; or
• Upload data you do not have the right to upload, or that is subject to a confidentiality obligation you would breach by uploading it.

11. Data Ownership & License

You retain all rights to User Data. By using the Service, you grant OG Welly a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, and display User Data solely for the purpose of operating and providing the Service to you, including transmitting it to the subprocessors and infrastructure providers we use to run the Service. We do not claim ownership of User Data and do not use it for any purpose other than operating the application.

As between you and OG Welly, OG Welly owns the Service and all software, models, methods, and interfaces comprising it. Public Data remains the property of, and subject to any terms imposed by, its originating source. Generated Output derived from User Data is yours to use; the software and methods that produced it are not.

We may collect and use aggregated, de-identified usage and performance information — information that does not identify you and does not reveal the substance of User Data — to operate, secure, and improve the Service.

12. Service Availability, Changes, and Plan Limits

We may modify, suspend, add to, or discontinue any part of the Service, including any data set, feature, or output type, at any time and without liability to you. Features described on our website or present in the Service today may change or be removed.

The Service is offered on tiered plans with differing limits, including limits on storage, projects, available data, and AI assistant usage. We may enforce those limits by technical means and may change them on notice.

You are responsible for maintaining your own copies of anything you cannot afford to lose. We perform routine backups of our systems as a matter of operational practice, but we do not warrant that any User Data, Generated Output, or export will be preserved, recoverable, or available at any particular time, and we are not a system of record or an archive.

13. Subscriptions & Payments

• All payments are securely processed by Stripe. OG Welly does not store payment card information.
• Subscription fees are billed in advance at the start of each billing cycle and renew automatically until cancelled.
• You may cancel at any time; cancellation takes effect at the end of the then-current billing period.
• All fees are non-refundable, except where required by law.
• We may change pricing on notice, effective at your next renewal.
• Free plans are provided at our discretion and may be limited, suspended, or discontinued at any time.

14. Account Termination

We may suspend or terminate your access to the Service if you violate these Terms, if your use threatens the security, integrity, or availability of the Service, or if required by law.

You may terminate your account at any time by contacting support at info@ogwelly.com. Upon termination, your data will be deleted in accordance with our Privacy Policy. Export anything you wish to keep before terminating.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by email or in-app notice, and will update the “Last Updated” date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not accept them, you must stop using the Service and may terminate your account.

16. Governing Law, Venue, and Time to Bring a Claim

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. You and OG Welly agree that the exclusive venue for any dispute arising out of or relating to these Terms or the Service shall be the state or federal courts located in Midland County, Texas, and each party consents to the personal jurisdiction of those courts.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, except where a longer period is required by law.

17. General

Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including outages of third-party infrastructure, data sources, or networks.

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and OG Welly regarding the Service and supersede all prior agreements and understandings, including the Terms of Service dated December 1, 2025.

Survival. Sections 1 through 8, 11, and 16 through 18 survive termination of your account.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and OG Welly.

18. Contact

For any questions or concerns about these Terms, please contact:
info@ogwelly.com