
Oiltra Platform Terms of Service
Your use of the Service is governed by this agreement (the "Terms"). "Company", "We", "Our", or "Us" means Basecloud, LLC the owner of the Oiltra Platform. The "Service" means the services We make available, the Oiltra Platform (including gauges.app, paydecks.app and related apps and software), Our web sites (including, but not limited to, https://www.oiltra.com and https://www.basecloud.com ), Our products, and any other software, sites, and services offered by Company in connection to any of those. "Customer Content" means any content you submit to Company for the purpose of using the Service. In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that We will treat Your use of the Service as acceptance of the Terms from that point onwards. We may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, We will treat Your use as acceptance of the updated Terms. If you have any questions about the Terms, please contact us. These Terms of Service govern your use of our web applications. By accessing or using our Services, you agree to be bound by these Terms.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
You further agree:
You may not use the Service unless you are over the age of 18. You must be a human. Accounts created by automated methods are not permitted. When you create an account, you are responsible for maintaining the confidentiality of your login information. You agree to notify us immediately of any unauthorized use of your account.
All content (outside of Customer Content), features, and functionality of the Services (including but not limited to text, graphics, logos, and software) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
The Service may be provided to You without charge for a certain "trial" period of time. Usage after the "trial" period requires Your purchase of additional resources or services. For all purchased resources and services, We will charge Your card on a monthly basis, or on a yearly basis for annual subscriptions. You acknowledge and agree that any credit card and related billing and payment information that You provide to Us may be shared with companies who work on our behalf, such as payment processors. Cancellation and Termination You may cancel your account from the billing page in your account. You will not receive any refunds if You cancel Your account. Upon cancellation, You will retain access to Your account until the end of your current billing period, and You will not be charged again. Upon cancellation, Customer Content will be kept for up to two months. For privacy reasons, automatic deletion is initiated to remove the content from our servers. You agree that the Company, at its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that We will not be liable to You or any third party for such termination.
To receive a refund for your subscription, you must (1) request the refund within 30 days of subscribing and (2) be on the yearly Base or Pro plan (monthly subscriptions are not eligible for a refund). You can send a written refund request to our support email.
For customers on the Plus plan We guarantee a minimum uptime of 99.9% for our Service. Service uptime is monitored through our status page. Any downtime will be automatically reflected on this page. Uptime is calculated based on the average availability of our services over the past 30 days, excluding any scheduled maintenance periods. In the event that the maximum allowable downtime is exceeded, We will provide compensation by crediting the charges for the current month toward future payments. The compensation described is the sole and exclusive remedy available to customers for exceeded downtime. No other compensation, refund, or remedy will be provided. To claim compensation for exceeded downtime, You must submit a written request within 30 days from the end of the affected month. The request must include details regarding the downtime experienced and reference the status page as evidence. The uptime guarantee does not apply to any downtime caused by factors beyond our reasonable control, such as third-party service providers, acts of nature, or any actions taken by customers that violate the terms of service.
Company claims no ownership or control over any Customer Content. By submitting Customer Content, you are agreeing to license us the right to proccess and store this content and that you are agreeing you authorized to do so. You retain copyright and any other rights You already hold in the Customer Content and You are responsible for protecting those rights, as appropriate. You retain sole responsibility for any collaborators or third-party services that you allow to access your account and entrust them at your own risk. Company is not responsible if you fail to configure, or misconfigure, your account and inadvertently allow unauthorized parties to view Customer Content.
Your privacy is important to us. Please review our Privacy Policy which also governs your use of the Services.
You may choose to or We may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
The Services may include hyperlinks to other websites or services. You acknowledge and agree that Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
Company gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Company as part of the Service as provided to You by Company. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Company, in the manner permitted by the Terms. You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Company, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service. Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Company for the use of the components of the Service released under an open source license.
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.
You acknowledge and agree that the Service may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on this page.
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available.". You agree that Company has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. Company does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed. The Service is provided "as is" without any warranties. We are not liable for any indirect, incidental, or consequential damages arising from your use of the Service.
You expressly understand and agree that Company, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Company has been advised of or should have been aware of the possibility of any such losses arising).
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Company and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide You with written notice of such claim, suit or action.
The Terms constitute the whole legal agreement between You and Company and govern Your use of the Service and completely replace any prior agreements between You and Company in relation to the Service. You agree that if Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company's rights and that those rights or remedies will still be available to Company. Company shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
If you have any questions about these terms, the practices of this site, or your dealings with this site, please contact us.