Terms of Service
These Terms govern your use of the AQSim platform. Please read them before you accept. The version and effective date of the text you are bound by are shown above.
1. Acceptance of These Terms
By clicking to accept these Terms, or by using the AQSim platform (the "Service"), you agree to be bound by them. If you do not agree, do not use the Service.
You accept these Terms on behalf of the organization whose account you use. You represent that you are authorized to do so. In these Terms "you" and "Customer" mean that organization, and "your account" means the workspace we provision for it.
The Service is offered to business customers in the United States. It is not offered to consumers, and it is not intended for personal, family or household use. We may decline or cancel a purchase from outside the United States.
2. Who You Are Contracting With
These Terms are an agreement between you and App Integration Solutions ("we", "us", "our"), whose principal place of business is 262 West Main St, Westborough, MA 01581, United States.
We operate the Service, provide hosting and support, and are the seller of record for every purchase — the name that appears on your receipt and on your card statement. Every obligation under these Terms is ours, and every remedy under them is against us.
The simulation technology — the scientific model and its calibration — is licensed to us by AQSim LLC. AQSim LLC is not a party to these Terms and owes you no obligations under them.
The Service predicts mineral-scale behavior for oilfield production chemistry. Simulation output is a modeling aid. It is not a guarantee of field behavior, and it is not engineering advice. You remain responsible for your operational decisions and for validating any result before you act on it.
3. Accounts and Access
Accounts are opened by invitation. We create your workspace and issue the first invitation; additional users are added on request. There is no seat license and no per-user charge, so you may have as many users as you need.
You are responsible for your credentials and for everything done under your account. Do not share credentials with anyone outside your organization. Tell us promptly if you believe an account has been compromised.
We offer two-factor authentication. We recommend you enable it.
4. Acceptable Use
You agree not to:
- attempt to access another customer's workspace, data or results;
- reverse engineer, decompile or attempt to derive the simulation engine, its numerical methods or its calibration;
- circumvent, disable or interfere with the credit meter or any other limit we apply;
- share credentials with, or resell or redistribute the Service or its output to, anyone outside your organization;
- use the Service to break the law, infringe anyone's rights, or transmit malicious code; or
- place automated load on the Service beyond ordinary use, including through our programmatic interfaces.
5. Customer Data
You own the data you submit — your brine chemistry, your rig configurations, your inputs and your results. We claim no ownership of it.
You grant us a limited, non-exclusive license to host, process, transmit and display that data, and to generate reports from it, solely to provide and support the Service for you. That license ends when the data is deleted. Some material — simulation result files and report PDFs held in object storage — is not removed automatically; we hold it under this license, for storage only, until you ask us to delete it or we do.
Calibration parameters we fit for your rigs and inhibitors from data you supply are your Customer Data. They are held in a central catalog, scoped to your account and never applied to another customer's simulations. The methods and the shared reference data we use to fit them are ours.
We will not use your data to train, fit or improve any shared or cross-customer model unless you agree to it separately in writing. Agreeing to that is never a condition of using the Service.
We process personal data as described in our Privacy Policy, which explains what we collect, who else processes it, and how long we keep it. The Privacy Policy is published for your information and is not part of these Terms.
6. Simulation Credits, Purchases and Payment
Simulation credits are prepaid and bought in packs. Purchases are one-time; this is not a subscription and nothing renews automatically.
One credit permits one simulation run. A comparison spends one credit for each treated candidate it submits; the untreated reference run in a comparison, and any run submitted without an inhibitor, are free.
Credits are spent when a run is submitted, not when results are delivered.
Credits:
- do not expire, though they are forfeited if these Terms terminate — see Section 13;
- belong to your organization, not to an individual user, and are not transferable to another organization;
- have no cash value and are not redeemable for money.
Your balance cannot go below zero. When you have no credits, runs that would be billable are declined before anything is submitted; free runs are unaffected.
Payment is taken by Stripe on a checkout page hosted by Stripe and subject to Stripe's own terms and privacy notice. Your card details go to Stripe; we never receive or store your card number. The price shown on the Stripe checkout page at the time of purchase governs. Credits are added to your balance once Stripe confirms the payment, which happens shortly after checkout rather than instantly.
Purchases are non-refundable. If a run fails for reasons within our control — an error in our engine, our infrastructure, or our handling of your submission — we will restore the credit it spent. Ask us and we will do it, and we will also do it when we detect the failure ourselves. Restoring a credit is a manual correction we make to your balance; it is not automatic, and it returns the credit rather than money. Runs that fail because of invalid inputs, or that you cancel, do not qualify.
If we refund a payment, we may remove unused credits granted by that payment.
We may change pack prices at any time. A change applies only to purchases made after it takes effect and never to credits you have already bought.
7. Availability and Changes to the Service
We do not commit to any uptime level, and there is no service level agreement. The Service may be unavailable for maintenance, upgrades or reasons outside our control, sometimes without notice.
We may add, change or withdraw features. Some capabilities are delivered as guided studies we run with you rather than as self-serve tools, and the balance between the two will shift as the product develops.
8. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.
We do not warrant that the Service will be uninterrupted or error-free, or that any simulation result will match observed field behavior.
9. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost production, or the cost of substitute services, even if advised that they were possible.
To the maximum extent permitted by law, our total liability arising out of or relating to these Terms or the Service is limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim.
These limits do not apply to fraud, willful misconduct, death or personal injury caused by negligence, or to your obligation to pay amounts you owe us.
You acknowledge that these limits reflect the price of the Service and that we would not offer it on these terms without them.
10. Indemnity
You will defend and indemnify us against third-party claims arising from your data, your use of the Service in breach of these Terms, or your use of any simulation result. We will tell you promptly about any such claim and give you reasonable cooperation.
We do not provide an intellectual-property indemnity for the Service.
11. Confidentiality
Each party may receive confidential information from the other. Your brine chemistry, rig configurations, inputs and results are your confidential information. Our non-public technical, pricing and product information is ours.
Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to people who need it and are bound by similar obligations. These obligations last three years after disclosure, and indefinitely for anything that is a trade secret.
They do not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed by it, or is lawfully received from someone else. A party may disclose confidential information where the law requires, giving the other party notice where it may.
12. Intellectual Property
The Service and all technology underlying it, including the simulation engine, its underlying calibration methodology, and all documentation, are owned by us and our licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during the term, and nothing more.
If you send us feedback or suggestions, we may use them without obligation to you. Feedback never includes your data.
13. Suspension and Termination
We may suspend your account for breach of these Terms, misuse of the Service, a chargeback, or a legal requirement. We will restore access once the cause is resolved. Suspension does not forfeit unused credits — they remain in your balance and are available again when the account is reinstated.
Either party may terminate by notice to the other. On termination your right to use the Service ends, and unused credits are forfeited and are not refunded — a credit is permission to run a simulation, not money, and there is no Service left for it to buy.
Ask us before you terminate if you want a copy of your data, and we will work with you on it. After termination we handle your data as described in the Privacy Policy, which explains what we delete, what we retain, and when.
Sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 16 and 17 survive termination, as does any other provision that by its nature should.
14. Taxes
Prices are exclusive of taxes. You are responsible for any sales, use, VAT or similar tax arising from your purchase, other than taxes on our income.
We do not currently collect sales tax on purchases. If we become required to collect it, we will charge it at checkout from that point on. You will tell us if you are exempt and give us valid documentation.
15. Changes to These Terms
We may update these Terms. When we make a material change we publish a new version and ask you to accept it before you continue to use the Service; you will see the new version the next time you use your account.
Non-material corrections may be published without asking you to accept again. This section applies to these Terms only. The Privacy Policy is published rather than accepted, and changes to it are described in that document.
If you do not accept updated Terms you may not continue to use the Service, and you may ask us to close your account.
16. Governing Law and Disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The state and federal courts sitting in Worcester County, Massachusetts have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and both parties consent to that jurisdiction and venue.
Before filing, please contact us and give us a reasonable opportunity to resolve the matter.
17. General
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate, or in connection with a merger, reorganization or sale of substantially all our assets or of the business line that provides the Service.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of the third-party providers the Service depends on.
Notices. Notices to us go to support@aqsim.com or to App Integration Solutions, 262 West Main St, Westborough, MA 01581. Notices to you go to the email address on your account.
Entire agreement. These Terms are the entire agreement between us about the Service and supersede earlier discussions about it. Where you and we have signed a separate written agreement covering the Service, that agreement governs to the extent it conflicts with these Terms.
Severability and waiver. If a provision is unenforceable, it is modified to the least extent necessary and the rest stays in force. A failure to enforce a provision is not a waiver of it.
No third-party beneficiaries. These Terms create no rights for anyone other than you and us.
Export and sanctions. You represent that you are not located in, and will not make the Service available to anyone in, a jurisdiction subject to United States embargo, and that you are not a party denied access under United States export law.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
18. Contact
Questions about these Terms: support@aqsim.com, or App Integration Solutions, 262 West Main St, Westborough, MA 01581, United States.