Terms of Service

OmniOil is a SaaS (Software as a Service) technology platform specialized in telemetry, IoT (Internet of Things) data management, and intelligent fiscalization for the hydrocarbon sector. The Service enables capture, edge processing, transmission, and cloud storage of operational variables to facilitate report generation and dashboards.

OmniOil grants the Customer a limited, non-exclusive, non-transferable, and revocable license to access and use the platform according to the subscription plan acquired.

Restrictions: the Customer shall not:

• ·Reverse engineer, decompile, or disassemble the platform software.
• ·Resell, sublicense, or rent access to the Service to third parties without express authorization.
• ·Use the platform to transmit malicious code or perform penetration testing without prior written consent.

OmniOil is designed with technological tools that facilitate alignment with Resolution 0651 (and related regulations) of the Agencia Nacional de Hidrocarburos (ANH). However:

• ·The Customer acknowledges and accepts that OmniOil acts solely as a provider of technological tools and a data transmission facilitator.
• ·Legal, administrative, and regulatory liability before the ANH, the Ministry of Mines and Energy, or any other governmental entity regarding the truthfulness, accuracy, and timeliness of fiscalized production volumes rests exclusively and entirely on the Customer (Operator).
• ·OmniOil shall not be liable for fines, sanctions, operational suspensions, or economic losses arising from audits, inspections, or reports filed before regulatory entities.

Proper operation of the Service depends on the Customer's physical field infrastructure:

• ·The Customer is responsible for the proper installation, calibration, and maintenance of sensors, PLCs, or physical meters connected to the data collection (Edge) devices.
• ·Although the Service offers offline storage and resilience capabilities through the Edge Agent, the Customer is required to provide and maintain a telecommunications infrastructure adequate for periodic data synchronization to the cloud. OmniOil shall not be liable for data loss arising from physical destruction of edge equipment or disconnection periods that exceed the local hardware storage capacity.

• ·OmniOil ownership: All source code, design, interfaces, compression algorithms, edge agents, and underlying architecture are the exclusive property of OmniOil.
• ·Customer ownership: All raw production, telemetry, and corporate data entered into the platform are the exclusive property of the Customer. The Customer grants OmniOil a limited license to host, process, and transmit such data solely and exclusively for the purpose of providing the Service.

OmniOil will use commercially reasonable efforts to maintain the cloud platform's availability at a standard operational uptime (the exact percentage will be defined in the Service Level Agreement or commercial SLA of the plan acquired). However, the Service may suffer temporary interruptions due to scheduled maintenance (notified in advance) or force majeure events.

To the maximum extent permitted by applicable law, OmniOil, its directors, employees, or affiliates shall not be liable for indirect or incidental damages, lost profits, unrecoverable production data loss, or business interruption resulting from the use of or inability to use the Service.

OmniOil's total cumulative liability to the Customer for any claim arising from these Terms shall be limited to the amount paid by the Customer to OmniOil for the Service during the six (6) months prior to the event that gave rise to the claim.

The handling of information is governed by our Information Security Policies, which include encryption protocols at rest and in transit, access controls, and immutability guidelines. Regarding personal data, OmniOil acts in accordance with Law 1581 of 2012 (Colombia's Personal Data Protection Law) in its role as Data Processor.

Access to the Service is billed under a subscription model (monthly or annual) based on the number of wells, data volume, or modules contracted.

Failure to pay on time will entitle OmniOil to temporarily suspend access to visualization dashboards, with prior notice. Edge Agent data will continue to be captured and retained locally or in the cloud during the suspension period, according to capacity and retention policies.

OmniOil reserves the right to modify these Terms at any time. Modifications will become effective upon publication on the platform or direct notification to the Customer. Continued use of the Service constitutes acceptance of the modified Terms.

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Colombia. Any controversy or dispute arising from the execution or interpretation of these Terms shall be submitted to the jurisdiction of the competent courts of the city of Bogotá D.C.