Terms of Use and Legal Notice

Asaterra, LLC

These Terms of Use and Legal Notice govern access to and use of the Asaterra website, software platform, applications, portals, dashboards, mobile interfaces, and related services, collectively referred to as the "Platform."

1. Acceptance of These Terms

By accessing, signing into, or using the Platform, you acknowledge that you have read, understood, and agreed to these Terms.

If you access or use the Platform on behalf of a company, customer, employer, or other organization, you represent that you are authorized to accept these Terms on its behalf.

If you do not agree to these Terms, you may not access or use the Platform.

2. Authorized Business Use

The Platform is intended for authorized business and professional use. You may access and use the Platform only:

• For legitimate business purposes;
• Within the scope of the permissions assigned to your account;
• In accordance with your organization's agreement with Asaterra, LLC;
• In compliance with your organization's policies and procedures; and
• In compliance with all applicable laws, regulations, permits, contractual obligations, and industry requirements.

Access to the Platform does not independently authorize you to view, use, modify, disclose, or distribute information that you are not otherwise authorized to access.

3. Customer Agreements Control

Your organization's use of the Platform may also be governed by a master services agreement, software license agreement, subscription agreement, order form, statement of work, data processing agreement, or other written contract with Asaterra, LLC.

If these Terms conflict with an executed written agreement between Asaterra, LLC and your organization, the executed agreement will control to the extent of the conflict.

4. User Accounts and Security

You are responsible for maintaining the confidentiality and security of your username, password, authentication credentials, and account access.

You agree that you will:

• Provide accurate account information;
• Maintain appropriate password and authentication security;
• Not share your credentials with unauthorized individuals;
• Not allow another person to access the Platform through your account;
• Access only the organizations, facilities, records, and functions you are authorized to access; and
• Promptly notify Asaterra, LLC or your organization's administrator if you suspect unauthorized access, credential compromise, or other misuse of your account.

You are responsible for activity conducted through your account to the extent permitted by applicable law and the applicable customer agreement.

Asaterra, LLC may require password changes, multifactor authentication, additional verification, or other reasonable security measures as a condition of continued access.

5. Platform Information and Customer Data

The Platform is designed to collect, organize, analyze, display, communicate, and help users manage operational information.

Information presented through the Platform may be supplied by or obtained from:

• Customers and authorized users;
• Equipment, devices, monitors, sensors, or automated tank gauges;
• Third-party software and service providers;
• Application programming interfaces and system integrations;
• Contractors, consultants, inspectors, and other authorized parties;
• Publicly available or licensed databases; and
• Other sources that Asaterra, LLC may not independently control or verify.

The accuracy and usefulness of Platform information depend in part on the quality, completeness, timeliness, configuration, and availability of the underlying data.

Asaterra, LLC does not guarantee that information received from customers, equipment, integrations, third-party systems, or other external sources will be accurate, complete, current, properly configured, uninterrupted, or free from errors.

Users and customers remain responsible for reviewing and verifying material information before relying on it.

6. Operational, Environmental, and Regulatory Disclaimer

The Platform is intended to support operational visibility, workflow management, recordkeeping, analysis, communication, and informed decision-making.

The Platform does not independently guarantee:

• Regulatory compliance;
• Permit compliance;
• Environmental compliance;
• Accurate inventory or reconciliation results;
• Detection or prevention of every release, leak, malfunction, variance, or operational condition;
• Completion of required inspections, testing, reporting, or corrective action;
• Acceptance of records or submissions by a regulatory authority; or
• Prevention of injury, property damage, environmental impact, business interruption, or financial loss.

Use of the Platform does not transfer the customer's or user's legal, regulatory, environmental, operational, or contractual responsibilities to Asaterra, LLC.

Customers and users remain responsible for understanding and satisfying the requirements applicable to their facilities, assets, operations, permits, equipment, and activities.

7. Professional Judgment and Independent Verification

The Platform is a decision-support and information-management tool. It is not a substitute for:

• Qualified professional judgment;
• Required inspections, testing, maintenance, or sampling;
• Engineering, environmental, legal, accounting, or regulatory advice;
• Manufacturer instructions and equipment specifications;
• Emergency response plans and procedures;
• Customer policies and operating procedures;
• Regulatory agency instructions or determinations; or
• Independent verification of material information.

Users must evaluate Platform information in the context of the relevant facility, equipment, operational circumstances, and applicable requirements.

Any decision involving safety, environmental response, regulatory reporting, financial exposure, equipment shutdown, corrective action, or other material consequences should be reviewed by appropriately qualified and authorized personnel.

8. Emergency and Safety Disclaimer

The Platform is not an emergency notification, emergency response, life-safety, fire-protection, spill-response, or security-dispatch system unless expressly identified as such in a separate written agreement signed by Asaterra, LLC.

Users must not rely on the Platform as the sole means of identifying or responding to an emergency, alarm, release, suspected release, equipment failure, hazardous condition, security event, or immediate threat to people, property, or the environment.

In an emergency or potentially dangerous situation, users must follow applicable emergency procedures and contact the appropriate emergency responders, regulatory authorities, facility personnel, equipment providers, or qualified professionals.

The absence of an alert, notification, exception, or warning within the Platform does not establish that a facility, asset, system, or condition is safe, compliant, or operating properly.

9. Artificial Intelligence and Automated Results

Certain Platform features may use artificial intelligence, machine learning, automated rules, predictive analytics, natural-language processing, or similar technologies to identify patterns, summarize information, categorize records, recommend actions, generate content, or produce other results.

Artificial intelligence and automated results may be incomplete, inaccurate, outdated, misleading, or inappropriate for a particular situation. These results are provided to assist users and should not be treated as verified facts or final professional determinations.

Users must review and independently verify material AI-generated or automated results before acting on them.

Users must not rely on an AI-generated or automated result as the sole basis for:

• An emergency response;
• A safety determination;
• A compliance certification;
• A regulatory filing or submission;
• A legal or environmental conclusion;
• A financial or inventory adjustment;
• A release determination;
• A material maintenance decision; or
• Any other decision that could create a significant risk to people, property, the environment, or business operations.

The customer remains responsible for determining whether AI-enabled features are appropriate for its intended use and for establishing any necessary human review, approval, and oversight procedures.

10. Notifications and Alerts

The Platform may provide alerts, reminders, notices, reports, tasks, escalations, or other communications based on available data and configured settings.

Delivery or receipt of a notification may be affected by:

• Incorrect or incomplete contact information;
• User or customer configuration choices;
• Equipment or connectivity failures;
• Third-party service interruptions;
• Email filtering or mobile-device settings;
• Delayed or incomplete source data;
• Integration failures; or
• Circumstances outside Asaterra, LLC's reasonable control.

Unless expressly stated in an applicable written agreement, Asaterra, LLC does not guarantee that every alert or notification will be generated, delivered, received, viewed, or acted upon within a particular period.

Customers are responsible for configuring appropriate recipients, escalation procedures, backup processes, and independent monitoring where necessary.

11. Prohibited Activities

You may not:

• Access or use the Platform without authorization;
• Access another customer's, organization's, facility's, or user's information without authorization;
• Share credentials with an unauthorized person;
• Attempt to circumvent authentication, permissions, or security controls;
• Introduce malware, ransomware, malicious code, or harmful content;
• Interfere with or disrupt the security, integrity, availability, or operation of the Platform;
• Conduct unauthorized vulnerability testing, penetration testing, scanning, or security probing;
• Reverse engineer, decompile, disassemble, or attempt to derive the Platform's source code, except where expressly permitted by applicable law;
• Copy, scrape, extract, harvest, or systematically download Platform information without authorization;
• Use automated tools, bots, or scripts to access the Platform without written authorization;
• Use the Platform to violate a law, regulation, permit, contract, or third-party right;
• Upload or disclose information that you do not have authority to use or disclose;
• Submit false, misleading, fraudulent, defamatory, or unlawful information;
• Misrepresent your identity, authority, qualifications, or organizational affiliation;
• Use the Platform to develop or assist a competing product or service in violation of an applicable agreement; or
• Use the Platform in a manner that creates an unreasonable security, operational, legal, or reputational risk.

12. Suspension or Termination of Access

Asaterra, LLC may restrict, suspend, or terminate access to the Platform when reasonably necessary to:

• Protect the security or integrity of the Platform;
• Investigate suspected unauthorized or unlawful activity;
• Prevent harm to Asaterra, LLC, a customer, another user, or a third party;
• Address a violation of these Terms or an applicable customer agreement;
• Comply with a legal, regulatory, or governmental requirement;
• Perform emergency maintenance; or
• Respond to nonpayment or termination under an applicable customer agreement.

When reasonably practicable, access restrictions will be handled in accordance with the applicable customer agreement.

13. Ownership and Intellectual Property

The Platform and its related materials, including software, source code, object code, system architecture, workflows, configurations, interfaces, designs, documentation, reports, graphics, trademarks, trade names, logos, and other proprietary materials, are owned by or licensed to Asaterra, LLC.

The Platform is protected by applicable intellectual-property, trade-secret, trademark, copyright, and other laws.

Except for the limited right to access and use the Platform under an applicable agreement, no ownership interest, license, or intellectual-property right is transferred to a user or customer.

Customer data will be handled in accordance with the applicable customer agreement, Privacy Notice, and any applicable data processing terms.

14. Feedback

If you provide ideas, recommendations, suggestions, enhancement requests, or other feedback regarding the Platform, you authorize Asaterra, LLC to use that feedback to evaluate, improve, develop, market, and support its products and services.

Asaterra, LLC will not acquire ownership of customer confidential information merely because it is included in feedback. Users should not include confidential or proprietary information in general feedback unless they are authorized to do so.

15. Third-Party Services and Integrations

The Platform may connect to, rely upon, or display information from third-party equipment, websites, applications, software platforms, communication services, data providers, contractors, or other services.

Third-party services are not fully controlled by Asaterra, LLC and may be subject to separate terms, licenses, privacy policies, availability commitments, and security practices.

Asaterra, LLC is not responsible for the accuracy, availability, security, performance, modification, or continued operation of a third-party service except to the extent expressly stated in an applicable written agreement.

The inclusion of a third-party integration, reference, trademark, or link does not necessarily constitute an endorsement, certification, partnership, or warranty by Asaterra, LLC.

16. Platform Availability and Changes

Asaterra, LLC may periodically update, enhance, modify, maintain, replace, suspend, or discontinue portions of the Platform as permitted under the applicable customer agreement.

The Platform may occasionally be unavailable or operate differently because of:

• Scheduled or emergency maintenance;
• Software releases or system updates;
• Internet, hosting, telecommunications, or utility failures;
• Third-party service interruptions;
• Cybersecurity events;
• Equipment or integration failures;
• Customer configuration or data issues;
• Events beyond Asaterra, LLC's reasonable control; or
• Other operational circumstances.

Unless expressly stated in an applicable written agreement, these Terms do not guarantee a particular level of availability, response time, resolution time, data-refresh frequency, or service performance.

17. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Platform is provided on an "as available" and "as configured" basis, subject to any express warranties contained in an applicable written agreement.

Asaterra, LLC does not warrant that:

• The Platform will be uninterrupted or error-free;
• All defects or errors will be identified or corrected;
• All information will be accurate, complete, or current;
• The Platform will identify every operational, environmental, regulatory, safety, inventory, or equipment condition;
• Alerts or communications will always be generated or delivered;
• The Platform will satisfy every customer-specific or regulatory requirement; or
• The Platform will produce a particular operational, compliance, environmental, or financial result.

Asaterra, LLC disclaims warranties not expressly stated in an applicable written agreement, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, and uninterrupted availability.

Nothing in these Terms excludes or limits a warranty or obligation that cannot lawfully be excluded or limited.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Asaterra, LLC will not be liable under these Terms for indirect, incidental, special, exemplary, punitive, or consequential damages, including:

• Lost profits or revenue;
• Lost business opportunities;
• Loss of goodwill;
• Business interruption;
• Loss, corruption, or unavailability of data;
• Costs associated with substitute services;
• Regulatory penalties or fines;
• Environmental response costs; or
• Damage resulting from reliance on inaccurate, incomplete, delayed, or unavailable information.

Any liability arising from a customer's paid use of the Platform will be governed by the limitation-of-liability provisions contained in the applicable customer agreement.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

19. Privacy and Security

Asaterra, LLC's collection, use, storage, and disclosure of personal information are addressed in the Asaterra Privacy Notice.

Information concerning administrative, technical, and organizational security practices may be addressed in the Asaterra Security Notice, applicable customer agreements, or other authorized documentation.

Users are responsible for complying with their organization's privacy, confidentiality, records-management, and information-security requirements when accessing or using the Platform.

20. Changes to These Terms

Asaterra, LLC may update these Terms periodically to reflect changes to the Platform, its services, business practices, legal requirements, or operational needs.

Updated Terms will be posted with a revised effective date. When required by an applicable agreement or law, Asaterra, LLC will provide additional notice of material changes.

Continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms, except where an applicable customer agreement requires a different amendment or approval process.

21. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Platform will be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

Unless an applicable customer agreement provides otherwise, Asaterra, LLC and the user consent to the exclusive jurisdiction and venue of the applicable state courts located in the State of Delaware and the United States District Court for the District of Delaware.

22. General Provisions

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

A failure by Asaterra, LLC to enforce a provision of these Terms does not waive its right to enforce that provision or any other provision in the future.

You may not assign or transfer your rights under these Terms without the prior written consent of Asaterra, LLC. Asaterra, LLC may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or transfer of the Platform or related business operations.

Headings are included for convenience and do not affect the interpretation of these Terms.

23. Contact Information

Asaterra, LLC operates as a virtual company and does not maintain a public customer-facing office.

Questions concerning these Terms may be directed to:

Asaterra, LLC

Email: legal@asaterra.com

Website: asaterra.com

Formal legal notices must be delivered in accordance with the notice provisions contained in the applicable customer agreement.

When no separate customer agreement applies, legal notices may be sent to the email address above or to the official mailing address of Asaterra, LLC upon request.