1. Provider information
TallyBook is a trading name of DEVXA LTD, company number 10238230, a private limited company registered in England and Wales.
2. Business-only scope and acceptance
These Terms of Service (“Terms”) form a binding agreement between you (or the organization you represent) and DEVXA LTD, trading as TallyBook. The website and service are offered only for business and professional use, not for personal or consumer use. By accessing an evaluation environment, clicking to accept these Terms, or using the service, you confirm that you are acting in the course of business and have authority to bind the organization you represent.
A live-data pilot, production deployment, paid service, service-level commitment, or processing of personal data on a customer's behalf requires a separate written agreement. Any signed order form, pilot agreement, master services agreement, or data-processing agreement controls over these Terms where they conflict.
3. Early-access service
Unless a signed agreement says otherwise, TallyBook is an evaluation service. Features, integrations, outputs, limits, and availability may change. The service may be interrupted, incomplete, or withdrawn. No uptime, support, response-time, data-recovery, or service-level commitment applies unless we expressly agree it in writing.
4. Eligibility & accounts
You are responsible for accurate account information, selecting authorized users, all activity under your credentials, and promptly revoking access that is no longer required. Keep credentials confidential, use appropriate security controls, and notify us immediately at hello@tallybook.io of suspected unauthorized access or security incidents affecting the service.
5. Acceptable use
You agree not to:
- use the service unlawfully or in violation of any third party’s rights;
- probe, scan, disrupt, or attempt to gain unauthorized access to the service or its infrastructure;
- reverse engineer or copy the service except as permitted by law; or
- upload content you do not have the right to share, or that is harmful or malicious.
- use the service to make autonomous safety-critical decisions, control equipment, or replace required engineering supervision;
- circumvent usage limits, introduce malicious code, run unauthorized security tests, or interfere with other customers; or
- use outputs to develop or benchmark a competing product, except with our prior written permission.
6. Customer responsibilities
You are responsible for the legality, quality, accuracy, and integrity of the data, instructions, configurations, and access you provide. You confirm that you have all rights, notices, consents, permissions, and lawful bases needed for us to process them as instructed. Do not provide special-category personal data, criminal-offence data, export-controlled data, or third-party confidential information unless a signed agreement expressly covers it.
You also confirm that the relevant operator, contractor, licensor, and system owner authorize each WITSML or ETP endpoint, mailbox, document store, database, or other source that you instruct us to access.
You must keep independent source records and backups, maintain suitable business-continuity procedures, and ensure that appropriately qualified personnel review all outputs before use.
7. Your data and content
As between you and us, you retain all rights to the reports, feeds, and other content you provide (“Customer Data”). You grant us a limited, non-exclusive license to host, copy, transmit, and process Customer Data only as needed to provide, maintain, secure, and support the service for you, comply with law, and follow your documented instructions. We will not use proprietary operational Customer Data to train models offered to other customers. Our handling of personal data is described in our Privacy Policy.
8. Outputs, source data, and operational safety
TallyBook uses source data, rules, statistical methods, and artificial intelligence. Outputs may be incomplete, delayed, inaccurate, or unsuitable for a particular well, operation, or decision. They are not a well-control, emergency-response, continuous-safety-monitoring, regulatory-compliance, or professional-engineering system, and are not a substitute for authoritative source systems, approved procedures, alarms, barriers, qualified supervision, or independent verification.
You remain solely responsible for operational, safety, regulatory, and commercial decisions and for confirming outputs against authoritative source data. Do not use TallyBook to issue autonomous operational commands or as the sole or primary basis for any decision that could affect health, safety, the environment, well integrity, equipment, or material assets.
9. Third-party services and data
The service may depend on customer systems, WITSML or ETP stores, connectivity, cloud infrastructure, artificial-intelligence providers, and other third-party services. We do not control and are not responsible for their availability, accuracy, security, changes, or acts and omissions. Separate third-party terms may apply. This does not exclude responsibility for our own failure to exercise reasonable care and skill where that responsibility cannot lawfully be excluded.
10. Intellectual property and feedback
The service, including its software, design, and content (excluding Customer Data), is owned by DEVXA LTD and its licensors and is protected by intellectual-property laws. These Terms grant you no rights to source code, trademarks, or branding without prior written consent. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the service and its outputs internally for evaluation. You may not resell, sublicense, publish, or commercially exploit them without written permission.
If you provide suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without identifying you or disclosing your Customer Data.
11. Confidentiality
Each party may receive confidential information from the other in connection with a pilot. The receiving party will protect it with at least reasonable care, use it only to perform or exercise rights under the applicable agreement, and disclose it only to personnel and providers who need it and are bound by confidentiality obligations. These duties do not apply to information that is public without breach, already lawfully known, independently developed, or lawfully received without restriction. A party may disclose information where required by law after giving notice where legally permitted. These duties continue for five years after disclosure, and for trade secrets for as long as they remain protected as trade secrets under applicable law.
The receiving party will promptly notify the disclosing party of unauthorized use or disclosure and take reasonable steps to mitigate it. On request or termination, it will return or delete confidential information where reasonably practicable, subject to law and secure backup cycles. Either party may seek injunctive or other equitable relief for actual or threatened misuse.
12. Suspension
We may immediately restrict or suspend access where reasonably necessary to address a security risk, protect the service or another customer, comply with law or a provider requirement, investigate suspected misuse, or respond to a material breach. Where practicable, we will give notice and restore access after the issue is resolved. Suspension does not waive any other right or remedy.
13. Early-access disclaimers
Except as expressly stated in a signed agreement, the evaluation service is provided “as is” and “as available”. To the extent permitted by law, we exclude implied warranties, conditions, and other terms relating to satisfactory quality, fitness for a particular purpose, non-infringement, uninterrupted availability, or error-free operation. Nothing in these Terms excludes any obligation that cannot lawfully be excluded.
14. Limitation of liability
Subject to the non-excludable liabilities below, neither party is liable under these Terms for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, business opportunity, goodwill, or data, whether direct or indirect. You are responsible for mitigating losses and maintaining independent backups and source records.
Subject to the same exceptions, our total aggregate liability arising from or relating to these Terms, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution, or otherwise, will not exceed the greater of GBP 100 or the fees paid to us for the affected service during the 12 months before the event giving rise to the claim. A signed pilot or services agreement may set a different cap.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
15. Customer indemnity
You will indemnify DEVXA LTD against third-party claims, damages, and reasonable costs arising from Customer Data, your instructions, your unlawful or unauthorized use of the service, or your material breach of sections 5 or 6, except to the extent caused by our breach, negligence, or wilful misconduct. We will give prompt notice, reasonable cooperation, and control of the defence to you, provided no settlement admits liability for us or imposes obligations on us without our written consent.
16. Term, termination, and data return
Either party may end an evaluation at any time by written notice. We may terminate immediately for an irremediable material breach, illegality, misuse, insolvency where permitted by law, or a material security risk. For a remediable material breach, we may terminate if it is not remedied within a reasonable period stated in our notice. On termination, your access rights stop. Unless a signed agreement specifies a return or deletion process, you must retrieve any Customer Data you require before termination and we may delete remaining copies after a reasonable wind-down period, subject to law, backups, and legitimate record-keeping.
Accrued rights and any provisions intended by their nature to survive will continue, including confidentiality, intellectual property, disclaimers, liability, indemnity, and governing law.
17. Events outside reasonable control
Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of utilities, networks, cloud or data providers, industrial disputes, natural disasters, war, terrorism, epidemics, governmental action, or cyberattacks not caused by its failure to use reasonable safeguards. This does not excuse payment obligations already due.
18. Changes to these Terms
We may update these Terms for legal, security, operational, or product reasons. We will revise the “Last updated” date and give reasonable notice of material changes to active evaluation users. Changes do not apply retroactively. If you do not accept a material change, your remedy is to stop using the evaluation before it takes effect.
19. General
These Terms and any documents they expressly incorporate are the entire agreement for the evaluation and replace prior discussions about it. Neither party relies on statements not set out in the agreement, but nothing excludes liability for fraud. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will continue. A failure or delay to enforce a right is not a waiver.
You may not assign or transfer these Terms without our written consent. We may assign them as part of a reorganization, financing, merger, or sale of all or substantially all of the relevant business or assets. No person other than the parties has rights under the Contracts (Rights of Third Parties) Act 1999. The parties are independent contractors; these Terms do not create a partnership, agency, fiduciary, employment, or joint-venture relationship.
20. Governing law and courts
These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, unless a signed agreement provides otherwise.
21. Notices and contact
Legal notices must be in writing and sent to the email address associated with the relevant account and, for notices to us, to hello@tallybook.io. They are treated as received on the next business day after sending, unless the sender receives a delivery failure. Questions about these Terms may be sent to the same address.