Terms of Service

Gain.Energy, Inc. (Upstrima) - Effective: October 29, 2024 | Last Updated: August 3, 2025

Welcome to Upstrima. These Terms of Service ("Terms") govern your access to and use of the Upstrima platform (the "Platform"), operated by Gain.Energy, Inc. ("Gain.Energy," "we," "us," or "our"). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. About the Platform

Upstrima is an AI-enabled workspace designed for oil & gas engineers and related professionals. The Platform provides tools for document management, AI-powered analysis, collaboration, and workflow automation. Features may change as we continue to develop and improve the Platform.

2. Eligibility

To use the Platform, you must:

  • Be at least 16 years of age
  • Have the authority to enter into these Terms (or have authorization from your employer/organization)
  • Not be prohibited from using the Platform under applicable law

3. Account Registration

You must create an account to access the Platform. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activity under your account
  • Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Acceptable Use

You agree not to use the Platform to:

  • Violate any applicable law, regulation, or third-party rights
  • Upload or transmit malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to the Platform, other accounts, or our systems
  • Interfere with or disrupt the Platform's infrastructure or other users' access
  • Reverse-engineer, decompile, or disassemble any part of the Platform
  • Scrape, harvest, or collect data from the Platform through automated means without permission
  • Use the Platform for any unlawful, fraudulent, or abusive purpose
  • Resell, sublicense, or redistribute access to the Platform without our written consent

5. Your Content

"Your Content" means any data, documents, files, text, or other materials you upload, submit, or create on the Platform.

A. Ownership

You retain all rights to Your Content. We do not claim ownership of any content you upload to the Platform.

B. License to Us

By uploading content, you grant us a limited, non-exclusive license to host, store, process, and display Your Content solely to provide and improve the Platform's services to you.

C. Responsibility

You are solely responsible for Your Content, including ensuring you have the right to upload it and that it does not violate any applicable laws or third-party rights.

6. AI Features

The Platform includes AI-powered features that process Your Content to provide analysis, recommendations, and other functionality. By using AI features, you acknowledge that:

  • AI outputs are generated assistance and should not be treated as professional advice
  • You are responsible for reviewing, validating, and deciding how to use AI-generated outputs
  • We do not guarantee the accuracy, completeness, or suitability of AI outputs

We do not train generalized AI models on Your Content. Content is processed only to deliver features to you.

7. Intellectual Property

The Platform, including its software, design, logos, trademarks, documentation, and all other proprietary materials, is owned by Gain.Energy, Inc. and protected by intellectual property laws.

These Terms do not grant you any right, title, or interest in the Platform beyond the limited right to use it in accordance with these Terms.

8. Subscriptions and Payment

A. Plans

The Platform may offer free and paid subscription plans. Features, usage limits, and pricing vary by plan and are described on the Platform.

B. Billing

If you subscribe to a paid plan, you agree to pay all applicable fees. Payments are processed by our third-party payment provider (Stripe). Subscriptions renew automatically unless canceled before the renewal date.

C. Refunds

Refunds are handled on a case-by-case basis. Contact us at upstrima@gain.energy for billing inquiries.

D. Energy Credits

Unused additionally purchased Energy Units will never expire and will roll over to next month. However, Energy Units provided as part of the subscription packages will be reset every month.

9. Organization / Enterprise Accounts

If you use the Platform through an organization or enterprise workspace, the administrator of that workspace may have additional controls over your account, content, and settings. Your use is also subject to any agreement between us and the organization. In case of conflict, the enterprise agreement governs.

10. Third-Party Services

The Platform may integrate with or link to third-party services (e.g., cloud storage, LLM providers, payment processors). Your use of third-party services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

11. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

12. Availability and Modifications

We strive to keep the Platform available and reliable, but we do not guarantee uninterrupted or error-free access. We may modify, suspend, or discontinue features at any time.

We reserve the right to update these Terms. If we make material changes, we will notify you via the Platform or email. Continued use after changes constitutes acceptance of the revised Terms.

13. Termination

You may close your account at any time through the Platform settings or by contacting us.

We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Platform. Upon termination:

  • Your right to access the Platform ceases immediately
  • You may request an export of Your Content before termination
  • We will delete Your Content within 30 days, and from backups within 60 days, unless retention is required by law

14. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT OR AI OUTPUTS WILL BE ACCURATE OR RELIABLE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAIN.ENERGY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR BUSINESS OPPORTUNITY ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify and hold harmless Gain.Energy, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, Your Content, or your violation of these Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. General Provisions

  • Entire Agreement: These Terms, along with our Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and Gain.Energy regarding the Platform.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights at any time.

19. Contact Us

If you have questions about these Terms, please contact us:

Gain.Energy, Inc.

8 the Green, Suite A

Dover, DE 19901, USA

Email: upstrima@gain.energy