Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of aqunatavision.com and any related web-based monitoring portal (collectively, the "Service") operated by Aquanta Vision, Inc. ("the Company," "we," "us," or "our"), a Texas-incorporated company located at 1000 Louisiana Street, Suite 2900, Houston, TX 77002. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service provides AI-powered continuous methane and emissions monitoring software for midstream and upstream energy operators. These Terms apply to all visitors of the marketing website and to operator clients who access the platform via credentialed accounts. Commercial use of the monitoring platform is also governed by a separate service agreement between the Company and the contracting operator entity.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems, sensor data, or account data belonging to other clients.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• Operator clients are responsible for ensuring that sensor deployment and use of the platform comply with applicable site-access permits, operator safety requirements, and any EPA, TCEQ, or other regulatory requirements governing their own operations. The Company provides a monitoring and reporting tool; the operator remains responsible for regulatory compliance at the facility level.

3. Intellectual Property

The Service, including all text, graphics, logos, software, AI models, detection algorithms, and platform interfaces, is owned by the Company or its licensors and is protected by United States and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. Nothing in these Terms transfers ownership of any intellectual property to you.

4. User Content and Operator Data

You are responsible for any content you submit through the Service (including contact forms, portal configurations, and email). You represent that you have all necessary rights to submit such content. You grant us a limited license to use, store, and process the content as necessary to provide the Service, respond to your inquiry, and generate monitoring outputs on your behalf.

Sensor telemetry and emissions data submitted by operator clients remain the property of the contracting operator. We process this data solely to deliver the contracted monitoring and reporting functions. We do not use client operational data to train third-party models or share it with third parties outside the service delivery chain without the operator's written authorization.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL DETECT EVERY METHANE EMISSION EVENT, THAT DETECTION RESULTS ARE SUFFICIENT TO SATISFY ANY PARTICULAR REGULATORY REQUIREMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Nothing in the Service constitutes legal advice or constitutes the Company certifying that an operator is in compliance with EPA OOOOb, Subpart W, LDAR program requirements, TCEQ rules, or any other regulatory obligation. Operators remain solely responsible for their own regulatory compliance determinations.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY DAMAGES ARISING FROM A MISSED OR DELAYED EMISSIONS DETECTION. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 FOR VISITORS TO THE MARKETING WEBSITE, OR THE AMOUNT PAID BY AN OPERATOR CLIENT DURING THE THREE MONTHS PRECEDING THE CLAIM FOR CONTRACTED PLATFORM USERS.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any regulatory or site-permit obligation applicable to your facility operations.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 3, 4, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Texas, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Texas, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact