Terms of Use

User

An individual who uses the Website or the Software, including any representative acting on behalf of an organisation.

Terms of Use / Agreement

This agreement, as updated from time to time.

NEWVISION

NewVision Upstream FZ LLC, a company incorporated in the Meydan Free Zone, Dubai, United Arab Emirates, with its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E.

Website

An information resource on the Internet, available at the unified address of the electronic resource newvision.io.

Software

The cloud-based software application(s) made available by NEWVISION via the Website. The functions of the Software are described in the applicable User Guide.

User Account

Sections of the Website and the Software, access to which is protected by the individual identification data of the User.

Delivery Method

Access via an Internet browser in a dedicated cloud environment, with NEWVISION managing secure, role-based login credentials to ensure data integrity and confidentiality.

Documentation

User guides and technical materials provided by NEWVISION for the Software.

Beta Features

New or experimental features offered by NEWVISION for voluntary testing.

Content

All objects available on the Website, including design elements, text, graphics, illustrations, videos, software, databases, calculation outputs, and other objects.

IPR

Copyright, moral rights, database rights, patents, patent applications, patent rights, rights to inventions, rights in designs, trademarks, trademark applications, trademark registrations, trademark rights, business names, rights in get-up and trade dress, goodwill and the right to sue for passing off, domain names, trade secrets, in each case whether registered or unregistered, and all other intellectual property and proprietary information rights as may exist now or hereafter come into existence, all modifications, continuations, renewals and extensions of the foregoing, and all claims, actions, causes of action, damages, costs, expenses, profits, penalties, recoveries and remedies relating to any past, present or future infringement of any of the foregoing, arising under the laws of any country, state or jurisdiction in the world.

Dispute

Any dispute, controversy, or claim related to these Terms of Use.

NEWVISION provides the following cloud-based software solutions for the upstream oil and gas industry via the Website:

• nv.design — an engineering solution for the design of downhole equipment, enabling well analysis, artificial lift equipment selection (ESP, SRP, gas lift), multiphase flow calculations, fluid PVT property analysis, well profile modelling and visualisation, engineering calculations including choke selection and tubing safety factors, and generation of customised technical reports.
• Such other software products as NEWVISION may make available via the Website from time to time.

The Software is delivered exclusively via the Delivery Method. No local software installation is required or permitted.

NEWVISION grants the User a non-exclusive, non-transferable, non-assignable, non-sublicensable licence to access and use the Software solely via the Delivery Method and solely for the User’s internal business purposes. The licence is allocated on a per-user basis.

Access to the Software is granted on a per-user basis. NEWVISION manages secure, role-based login credentials to ensure data integrity and confidentiality. The User is responsible for:

• Maintaining the confidentiality of all login credentials assigned to them;
• Ensuring that login credentials are not used by anyone other than the User to whom they are assigned;
• Monitoring usage under their account and promptly reporting any suspected unauthorised access to NEWVISION at support@newvision.io.

The User is prohibited from:

• Creating copies of the Website, the Software, or their Content, including program code, databases, calculation models, and graphic content;
• Using the Website or Software to create derivative software products or competing solutions;
• Systematically retrieving data, outputs, or content from the Website or the Software to create another project, collection, resource, database, or directory;
• Using the Software for AI model training, automated decision-making pipelines, generative AI purposes, or any purpose beyond the licensed internal business use;
• Circumventing, disabling, or otherwise interfering with security-related features of the Website or the Software, including features that prevent or restrict the use or copying of any Content or enforce limitations on use;
• Engaging in unauthorised framing of or linking to the Website;
• Tricking, defrauding, or misleading NEWVISION or other users, especially in any attempt to learn sensitive account information such as passwords;
• Making improper use of support services or submitting false or abusive support requests;
• Engaging in any automated use of the Website, such as using scripts, bots, data mining tools, or similar data gathering and extraction tools, other than a standard web browser;
• Interfering with, disrupting, or creating an undue burden on the Website or the Software infrastructure;
• Using the Website or the Software to compete with NEWVISION or for any revenue-generating purpose beyond the licence granted under these Terms of Use;
• Deciphering, decompiling, disassembling, or reverse engineering any software comprising or making up a part of the Website or the Software;
• Attempting to bypass any measures of the software designed to prevent or restrict access to the Website or the Software, or any portion thereof;
• Deleting, modifying, or obscuring any copyright notices, trademarks, service marks, logos, or other proprietary rights notices on the Website or in the Software;
• Uploading or transmitting viruses, Trojan horses, malware, spyware, or any other harmful code or material;
• Recruiting or hiring NEWVISION’s employees or contractors during the term of any subscription or licence agreement and for twelve (12) months thereafter;
• Taking any other action in relation to the Website or the Software as a result of which harm or damage to the interests of NEWVISION may be caused.

Access to the Software on a paid basis is subject to the fees applicable to the subscription plan selected by the User, as published on the relevant pricing page of the Website at the time of subscription.

Payments for self-serve subscription plans are processed by NEWVISION's authorised payment provider. By completing a purchase, the User agrees to the payment provider's terms of service and privacy policy. Applicable taxes are calculated and added at checkout based on the User's billing location.

All payments are non-refundable except as expressly provided in the Refund Policy published on the Website.

Monthly billing

Monthly subscriptions are billed in advance. Upon initial subscription, the User is charged for the remainder of the current calendar month on a pro-rata basis. Thereafter, the subscription renews automatically on the first day of each calendar month for the following month. The User will be charged at the then-current subscription fee on each renewal date.

Annual billing

Annual subscriptions are billed in advance for a period of twelve (12) months from the date of subscription. The annual period runs from the subscription date to the day before the same date in the following year. Thereafter, the subscription renews automatically for a further twelve (12) months on the same date each year. The User will be charged at the then-current subscription fee on each renewal date.

Switching between billing cycles

The User may switch between monthly and annual billing at any time. A switch from monthly to annual billing takes effect at the start of the next calendar month. A switch from annual to monthly billing takes effect at the end of the current annual period.

NEWVISION reserves the right, but not the obligation, to perform the following actions at its sole discretion:

• Monitor the actions of the User for violations of this Agreement;
• Initiate legal proceedings against anyone who violates applicable law or this Agreement, including, if necessary, filing complaints with relevant authorities;
• Restrict or suspend the User’s access to the Website or the Software;
• Otherwise manage the Website and the Software in such a way as to protect the rights and property of NEWVISION and to ensure their proper functioning.

Either party may cancel a subscription at any time by written notice, effective on the date the notice is
given. Cancellation does not entitle the User to a refund of fees already paid.

Upon cancellation by either party without cause:

• For monthly subscribers, access to the Software continues until the end of the calendar month
  in which the notice is given, and does not renew thereafter.
• For annual subscribers, access to the Software continues until the end of the current annual
  period, and does not renew thereafter.
• The Free plan expires automatically at the end of the one-month period and requires no
  cancellation.

NEWVISION may suspend the User's access to the Software immediately upon written notice in the
following circumstances:

• Non-payment of applicable subscription fees;
• Material breach of any obligation of the User under this Agreement, including but not limited to
  misuse of the Software, violation of NEWVISION's intellectual property rights, or unauthorised
  sharing of login credentials.

If the breach is not cured within seven (7) days of the suspension notice, NEWVISION may terminate
the subscription immediately, with no further access granted and no refund of fees already paid.

NEWVISION may also suspend access for scheduled or emergency maintenance, with notice where
practicable. Maintenance suspensions do not constitute a breach and do not trigger the cure period.

The User may obtain any clarifications regarding matters related to this Agreement:

• By email: support@newvision.io
• By phone: +971-55-95-11-099