Terms of Service

1.1By creating an account, clicking “I Agree,” or otherwise accessing or using the Service, you represent that you have the legal capacity and authority to enter into a binding contract and that you agree to these Terms in their entirety.

1.2If you are using the Service on behalf of a corporation, partnership, governmental entity, or other organization, you represent and warrant that you have full authority to bind that organization to these Terms, and “you” and “your” shall refer to that organization throughout.

1.3If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service following any modification to these Terms constitutes acceptance of those modifications.

1.4These Terms are effective as of the date you first access the Service and shall remain in effect until terminated in accordance with Section 13.

2.1“Authorized Users” means employees, contractors, and agents of Customer who are authorized by Customer to access and use the Service under Customer's account.

2.2“Customer Data” means all seismic survey files, subsurface interpretation results, annotations, work products, metadata, and any other data or content that Customer or its Authorized Users upload to, process through, or generate using the Service.

2.3“Documentation” means the technical and user documentation made available by Seismic Swift AI describing the features, functionality, and operation of the Service.

2.4“Order Form” means a written or electronic order document executed by both parties specifying the subscription tier, fees, term, and any additional terms applicable to a specific engagement.

2.5“Service” means the Seismic Swift AI cloud-based AI platform, including all APIs, machine learning models, pipeline orchestration tools, human-in-the-loop review capabilities, and export tools, as further described in Section 4.

2.6“Subscription Term” means the period during which Customer is authorized to access the Service, as specified in the applicable Order Form.

3.1To access the Service, Customer must register for an account by providing accurate, current, and complete information as requested during the registration process. Customer agrees to maintain and promptly update such information to keep it accurate, current, and complete.

3.2Customer is solely responsible for maintaining the confidentiality of account credentials, including usernames, passwords, and API keys. Customer must immediately notify Seismic Swift AI at security@seismicswiftai.com of any unauthorized access to or use of its account.

3.3Customer is fully responsible for all activities that occur under its account and for all acts and omissions of its Authorized Users. Seismic Swift AI shall not be liable for any loss or damage arising from Customer's failure to comply with this Section.

3.4The Service is intended exclusively for professional use by qualified individuals in the energy, geoscience, and related industries. You must be at least 18 years of age to register for an account.

3.5Customer shall not permit any person or entity other than its Authorized Users to access or use the Service using Customer's account credentials. Each set of credentials may be used only by a single individual and may not be shared.

4.1Subject to Customer's compliance with these Terms and timely payment of all fees, Seismic Swift AI grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the Subscription Term to: (a) access and use the Service for Customer's internal business purposes in the energy and geoscience sector; (b) use the Documentation in connection with such access; and (c) permit Authorized Users to access and use the Service on Customer's behalf.

4.2The Service is provided as a hosted, software-as-a-service platform. Seismic Swift AI does not transfer any software to Customer. Nothing in these Terms shall be construed to grant Customer any right, title, or interest in or to the Service or its underlying technology other than the limited license expressly set forth in Section 4.1.

4.3Seismic Swift AI reserves all rights not expressly granted herein. Any use of the Service beyond the scope of the license granted in Section 4.1 requires Seismic Swift AI's prior written consent.

5.1Customer's use of the Service is subject to the Acceptable Use Policy, which is incorporated herein by reference. In the event of any conflict between the Acceptable Use Policy and these Terms, these Terms shall govern.

5.2Without limiting the foregoing, Customer shall not, and shall ensure its Authorized Users do not: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, architecture, or trade secrets of the Service or its machine learning models; (b) use the Service to develop or train any competing product or service; (c) sublicense, resell, or otherwise make the Service available to any unauthorized third party; (d) exceed any rate limits, resource quotas, or storage limits applicable to Customer's subscription tier; (e) upload or transmit any malicious code, malware, or content designed to disrupt the Service; (f) attempt to gain unauthorized access to any system, network, data, or account; or (g) use the Service in any manner that violates applicable laws or regulations, including data protection, export control, and sanctions laws.

5.3Seismic Swift AI reserves the right to suspend Customer's access to the Service immediately and without notice if Seismic Swift AI reasonably determines that Customer's use poses an imminent threat to the security, integrity, or availability of the Service or the data of other customers.

6.1Seismic Swift AI Proprietary Rights. The Service, including all software, machine learning models, algorithms, training datasets, documentation, APIs, user interface designs, trade secrets, and related technology, is and shall remain the exclusive proprietary property of Seismic Swift AI and its licensors, protected by U.S. and international copyright, patent, trade secret, and other intellectual property laws. Customer acquires no ownership interest in the Service by virtue of these Terms or any Order Form.

6.2Customer Data Ownership. As between the parties, Customer retains all right, title, and interest in and to the Customer Data. Customer grants Seismic Swift AI a limited, non-exclusive, royalty-free license to access, process, store, and transmit Customer Data solely as necessary to provide the Service to Customer and as otherwise expressly permitted by these Terms.

6.3Derived Data and Aggregated Statistics. Seismic Swift AI may collect and use aggregated, anonymized, and de-identified data derived from Customer's use of the Service (“Aggregated Data”) to improve, develop, and support the Service, provided that such Aggregated Data does not identify Customer or any individual and does not include any Customer Data in its original form.

6.4Feedback. If Customer or its Authorized Users provide Seismic Swift AI with suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Service (“Feedback”), Customer grants Seismic Swift AI a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Service or any other Seismic Swift AI product without restriction or compensation to Customer.

6.5Trademarks. “Seismic Swift AI” and associated logos are trademarks of Seismic Swift AI, Inc. Customer may not use Seismic Swift AI's trademarks without prior written consent.

7.1Customer shall pay all fees specified in the applicable Order Form in accordance with the payment terms set forth therein. Unless otherwise stated in an Order Form, all fees are due and payable within thirty (30) days of the invoice date (Net 30).

7.2All fees are stated and payable in United States dollars. Fees are non-refundable except as expressly provided in the applicable SLA or as required by applicable law. Seismic Swift AI reserves the right to adjust subscription fees upon at least sixty (60) days' written notice prior to the renewal of any Subscription Term.

7.3Any undisputed amounts not paid within thirty (30) days of the due date shall accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, whichever is lower), from the due date until paid in full. Customer shall reimburse Seismic Swift AI for all reasonable costs of collection, including attorneys' fees.

7.4Customer is responsible for all taxes, levies, duties, and similar governmental charges, excluding taxes based on Seismic Swift AI's income. If Customer is required to withhold any taxes from payments to Seismic Swift AI, Customer shall gross up payments so that Seismic Swift AI receives the full contracted amount.

7.5Customer may dispute an invoice in good faith by providing written notice to billing@seismicswiftai.com within fifteen (15) days of receipt, specifying the disputed amount and the basis for the dispute. The parties shall use reasonable efforts to resolve payment disputes within thirty (30) days.

8.1“Confidential Information” means all non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, without limitation: Customer Data; Seismic Swift AI's technology, architecture, pricing, and business strategies; and the terms of any Order Form.

8.2Each party agrees to: (a) hold the Disclosing Party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information only to fulfill its obligations or exercise its rights under these Terms; and (c) disclose Confidential Information only to those employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations no less restrictive than those herein.

8.3Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to the Receiving Party prior to disclosure; (c) is rightfully received from a third party without restriction; or (d) is independently developed by the Receiving Party without use of Confidential Information.

8.4If the Receiving Party is compelled by law, regulation, or court order to disclose Confidential Information, it shall provide prompt written notice to the Disclosing Party (to the extent permitted by law) and shall cooperate with the Disclosing Party in seeking a protective order or other appropriate relief. Such disclosure shall not relieve the Receiving Party of its confidentiality obligations to the extent not required by the compelled disclosure.

8.5Confidentiality obligations shall survive termination of these Terms for a period of five (5) years, except that obligations with respect to trade secrets shall survive indefinitely.

9.1The collection, processing, and storage of personal data by Seismic Swift AI in connection with the Service is governed by the Privacy Policy. To the extent Customer is subject to the GDPR, CCPA, or other data protection regulations, the parties' data processing obligations are governed by the Data Processing Addendum (DPA), which is incorporated into these Terms by reference.

9.2Customer Data is stored in the Azure geographic region specified in the applicable Order Form. Seismic Swift AI shall not transfer Customer Data to any other geographic region without Customer's prior written consent, except as required by applicable law.

9.3Seismic Swift AI implements comprehensive technical and organizational security measures to protect Customer Data, including: AES-256 encryption at rest; TLS 1.3 encryption in transit; role-based access control (RBAC) with strict tenant isolation; cryptographic audit chains with Ed25519 digital signatures; multi-factor authentication for all administrative access; SOC 2 Type II certified controls; and annual third-party penetration testing. Details are available in the Security Addendum upon request.

9.4Seismic Swift AI shall not use Customer Data for any purpose other than providing the Service. Seismic Swift AI shall not sell, rent, or otherwise commercialize Customer Data.

10.1The Service Level Agreement (SLA) is incorporated into these Terms by reference and sets forth Seismic Swift AI's availability commitments, performance targets, incident response obligations, and service credit remedies applicable to each subscription tier.

10.2Seismic Swift AI targets 99.9% monthly uptime for Professional and Enterprise tier customers, measured on a calendar-month basis excluding scheduled maintenance windows. Starter tier customers receive commercially reasonable service without a formal uptime commitment.

10.3Service credits, as set forth in the SLA, constitute Customer's sole and exclusive remedy for any failure by Seismic Swift AI to meet the uptime commitments in the SLA.

11.1TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEISMIC SWIFT AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF DATA OR BUSINESS INTERRUPTION; DAMAGE TO REPUTATION; OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF SEISMIC SWIFT AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEISMIC SWIFT AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY CUSTOMER TO SEISMIC SWIFT AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000).

11.3The Service provides AI-assisted interpretation tools and outputs. Seismic Swift AI makes no warranty that interpretation results, predictions, or recommendations generated by the Service are accurate, complete, or fit for any particular purpose. All outputs must be independently reviewed by qualified geoscience professionals before reliance for any operational, regulatory, or investment decision.

11.4The limitations of liability in this Section 11 are fundamental elements of the basis of the bargain between the parties. Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages; to the extent such limitations are not enforceable, they shall be limited to the maximum extent permitted by law.

12.1Customer Indemnification. Customer shall defend, indemnify, and hold harmless Seismic Swift AI and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's or any Authorized User's use of the Service in violation of these Terms; (b) Customer Data, including any claim that Customer Data infringes the intellectual property rights or privacy rights of any third party; (c) Customer's violation of any applicable law or regulation; or (d) Customer's breach of any representation, warranty, or obligation under these Terms.

12.2Seismic Swift AI Indemnification. Seismic Swift AI shall defend, indemnify, and hold harmless Customer and its affiliates, officers, directors, and employees from and against any third-party claims alleging that the Service, as used in accordance with these Terms, directly infringes any valid and enforceable U.S. patent, copyright, or registered trademark. This obligation does not apply to infringement claims arising from: (a) Customer's modification of the Service; (b) combination of the Service with third-party products not provided by Seismic Swift AI; (c) Customer's failure to use updates or modifications provided by Seismic Swift AI; or (d) Customer Data.

12.3The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim for which indemnification is sought; (b) grant the indemnifying party sole control over the defense and settlement of such claim; and (c) provide reasonable cooperation and information as requested by the indemnifying party at the indemnifying party's expense. The indemnifying party shall not settle any claim that imposes obligations or restrictions on the indemnified party without the indemnified party's prior written consent.

13.1Termination by Customer. Customer may terminate these Terms upon written notice to Seismic Swift AI at the end of the then-current Subscription Term by providing at least thirty (30) days' notice prior to the renewal date. Early termination of an annual subscription does not entitle Customer to a refund of prepaid fees.

13.2Termination by Seismic Swift AI. Seismic Swift AI may terminate or suspend Customer's access to the Service: (a) immediately upon written notice if Customer materially breaches these Terms and fails to cure such breach within fifteen (15) days of written notice; (b) immediately and without notice if Customer fails to pay undisputed fees within thirty (30) days of the due date; (c) immediately and without notice if Customer engages in conduct that Seismic Swift AI reasonably determines poses an imminent threat to the security or integrity of the Service; or (d) upon sixty (60) days' written notice for any reason.

13.3Effect of Termination. Upon termination: (a) all licenses granted to Customer under these Terms shall immediately terminate; (b) Customer shall immediately cease all use of the Service; and (c) each party shall promptly return or destroy all Confidential Information of the other party in its possession.

13.4Data Retrieval. For a period of thirty (30) days following termination, Customer may request export of its Customer Data in a supported format. After such period, Seismic Swift AI shall permanently delete all Customer Data in accordance with its data deletion procedures and shall provide Customer with a written deletion certificate upon request.

13.5Survival. Sections 2, 6, 7, 8, 11, 12, 14, 15, and 16, and any accrued payment obligations, shall survive termination of these Terms for any reason.

14.1These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply.

14.2Subject to Section 15 (Dispute Resolution), each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas for the resolution of any dispute not subject to arbitration, and waives any objection to the laying of venue in such courts.

14.3The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.

15.1Informal Resolution. Before initiating any formal dispute resolution proceeding, the parties shall attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms (“Dispute”) through negotiation between senior representatives of the parties for a period of thirty (30) days following written notice identifying the Dispute.

15.2Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiation, the Dispute shall be resolved by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in Houston, Texas by a single arbitrator. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

15.3Class Action Waiver. Each party waives any right to bring a Dispute as a class action, collective action, or representative action. The arbitrator may not consolidate or join claims of different persons or parties and may not otherwise preside over any form of consolidated or class proceeding.

15.4Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from any court of competent jurisdiction to protect its intellectual property rights, confidential information, or other proprietary rights pending resolution of the Dispute.

16.1The Service is subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, as well as economic sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC).

16.2Customer represents and warrants that: (a) Customer and its Authorized Users are not located in, organized under the laws of, or ordinarily resident in any country subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Russia, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) Customer and its Authorized Users are not identified on any U.S. government denied-party list, including the SDN List, BIS Entity List, or OFAC Specially Designated Nationals List; and (c) Customer will not export, re-export, or transfer the Service or any related technology in violation of applicable export laws and regulations.

16.3Customer shall indemnify Seismic Swift AI against any fines, penalties, or losses arising from Customer's violation of this Section 16.

17.1Seismic Swift AI reserves the right to modify these Terms at any time. Seismic Swift AI shall provide Customer with at least thirty (30) days' prior written notice of any material modification via email to the address on file and/or via in-product notification.

17.2Material modifications include, without limitation, changes to pricing, limitations of liability, dispute resolution procedures, intellectual property rights, or data protection obligations. Non-material modifications (e.g., typographical corrections or clarifications that do not affect Customer's substantive rights) may be made at any time without prior notice.

17.3If Customer objects to a proposed modification, Customer may terminate these Terms effective as of the modification date by providing written notice prior to the effective date. Customer's continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms.

For questions about these Terms, or to provide notice under these Terms, contact:

Questions? Contact legal@seismicswiftai.com