1. General Provisions

These Terms remain in full force and effect until amended, replaced, or superseded by a revised version published by Primary Vision.

These Terms constitute the entire agreement between you and Primary Vision regarding your use of the Platform and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral. In the event of a conflict between these Terms and any purchase order, order form, or other document issued by you, these Terms shall control unless expressly agreed otherwise in writing by Primary Vision.

Neither party may assign these Terms without the prior written consent of the other party, except that either party may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets, provided written notice is given and the assignee assumes all obligations herein.

Performance under these Terms may be suspended to the extent prevented by events beyond reasonable control, including acts of God, labor disputes, governmental actions, war, terrorism, internet outages, or failures of third-party infrastructure.

2. Changes to These Terms

We may revise these Terms from time to time. Revisions take effect as of the "Last Updated" date shown above. Your continued access to or use of the Platform after a revision becomes effective — including through the website, application, API, or any automated process — constitutes acceptance of the revised Terms.

3. License and Access Rights

Subject to these Terms, Primary Vision grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for your internal business or personal use, as applicable, and strictly in accordance with these Terms.

No rights are granted other than those expressly stated. All rights not expressly granted are reserved by Primary Vision. Any downloading, exporting, or use of Platform content is permitted only as explicitly enabled by the Platform and does not convey ownership or intellectual property rights.

4. Fees, Billing, and Subscriptions

Certain Platform features are offered on a subscription basis. By subscribing, you agree to pay all applicable fees at the rates in effect at the time of purchase or renewal.

Unless otherwise stated in an order form or agreement, subscriptions automatically renew for successive terms equal to the original subscription period unless either party provides notice of non-renewal prior to the end of the then-current term. Primary Vision may change subscription pricing on renewal by providing reasonable advance notice.

Fees are non-refundable except as expressly stated in a separate written agreement or as required by applicable law. Primary Vision may suspend access for non-payment after reasonable notice.

5. User Registration and Account Security

Certain features of the Platform require account registration. You agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

You may not:

• Create an account on behalf of another person without authorization
• Use another user’s credentials
• Share access credentials or permit unauthorized access
• Allow use by any individual under eighteen (18) years of age

You must promptly notify Primary Vision of any suspected unauthorized use or security breach. Primary Vision is not liable for losses caused by unauthorized account access resulting from your failure to safeguard credentials.

Primary Vision reserves the right to suspend or terminate accounts at its sole discretion.

6. Restrictions on Use

You agree not to use the Platform:

• For any unlawful, fraudulent, or deceptive purpose
• In violation of applicable laws or regulations
• To reverse engineer, scrape, harvest, benchmark, or systematically extract data without written consent
• To introduce malware, viruses, or harmful code
• To infringe intellectual property, privacy, or publicity rights
• To store, transmit, or process Sensitive Data

7. Intellectual Property

All content, software, data models, analytics, methodologies, dashboards, reports, trademarks, logos, trade names, and proprietary technology on the Platform are owned by or licensed to Primary Vision and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from any part of the Platform without prior written consent. You agree not to contest or impair Primary Vision’s intellectual property rights.

8. Data License Restrictions; No Redistribution

Access to Primary Vision’s data products, reports, dashboards, and analytics (including the Frac Spread Count, Frac Job Count, and related datasets) is licensed solely for your own internal use.

Except as expressly authorized in writing by Primary Vision, you may not:

• Redistribute, resell, sublicense, or provide access to Platform data or outputs to any third party
• Publish, republish, or make Platform data or outputs available to any person or entity outside your organization
• Use Platform data or outputs to build, train, or improve a competing product or service
• Share a single account or subscription across multiple organizations or unaffiliated entities

9. Third-Party Services and Content

The Platform may include links to third-party websites, tools, or services. Primary Vision does not control and is not responsible for third-party content, policies, or practices. Your interactions with third parties are solely between you and such third parties.

You expressly release Primary Vision from any claims arising out of disputes with third parties.

10. Disclaimers and Limitation of Liability

No Investment or Financial Advice. The Platform, including all data, analytics, reports, and commentary made available through it, is provided for general informational purposes only. It does not constitute investment, financial, trading, legal, or other professional advice, and should not be relied upon as the basis for any investment or business decision. You are solely responsible for any decisions made in reliance on Platform content, and Primary Vision disclaims all liability for such decisions.

11. Customer Data

You retain ownership of all Customer Data submitted to the Platform. You grant Primary Vision a limited right to process such data solely to provide and improve the Platform and related services.

You represent that you have all necessary rights and consents to submit Customer Data and that such data does not include Sensitive Data. Primary Vision may suspend access if Sensitive Data is detected.

Data security practices are governed by the Privacy Policy.

12. Confidentiality

Each party agrees to protect the other party’s Confidential Information and to use it solely for purposes related to these Terms. Confidential Information includes non-public business, technical, financial, customer, and product information.

Confidentiality obligations survive termination of these Terms.

13. Indemnification

You agree to indemnify and hold harmless Primary Vision, its affiliates, officers, employees, and partners from any claims, damages, liabilities, costs, and expenses arising out of your use of the Platform, violation of these Terms, violation of law, or infringement of third-party rights.

14. Compliance With Laws

You agree to comply with all applicable local, state, federal, and international laws, including export controls, sanctions, securities laws, and data protection regulations. You represent that you are not located in, or subject to, any jurisdiction subject to U.S. sanctions.

Primary Vision complies with applicable data protection and securities regulations, including Regulation FD.

15. Suspension and Termination

Primary Vision may suspend or terminate access to the Platform at any time for violation of these Terms, security risks, operational integrity, legal compliance, or maintenance. Upon termination, your right to access the Platform ceases immediately.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in state or federal courts located in Wyoming.

17. Contact Information