Terms of Service

1. Acceptance of Terms

By accessing or using the FuelAtlas platform ("Service"), operated by FuelAtlas, Inc. ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to all of the terms and conditions set forth herein, you must not access or use the Service. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms constitute a legally binding agreement between you and FuelAtlas, Inc. We encourage you to read them carefully. By creating an account, clicking "I Agree," or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

2. Service Description

FuelAtlas is a software-as-a-service (SaaS) fleet fuel optimization platform designed to help fleet operators, logistics companies, and transportation businesses reduce fuel costs and improve operational efficiency. The Service provides, but is not limited to, the following features:

• Fuel Price Intelligence: Real-time fuel price data aggregated from thousands of fuel stations across the United States and Canada, enabling informed fueling decisions.
• Route-Optimized Fueling Guidance: Algorithmic recommendations that identify the most cost-effective fueling stops along planned routes, accounting for fuel prices, tank capacity, and distance.
• Fleet Telemetry & Analytics: Integration with vehicle telematics systems to track fuel consumption, vehicle performance, and driver behavior patterns.
• Fueling Reports & Audits: Comprehensive reporting tools that provide visibility into fleet fueling expenditures, identify anomalies, and detect potential fuel fraud.
• Dispatch Integration: Tools to streamline fuel planning within existing dispatch workflows and transportation management systems.
• Live Vehicle Tracking: Real-time GPS tracking of fleet vehicles to support operational decision-making and improve safety compliance.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account.

You agree to:

• Provide truthful and accurate registration information and keep it updated at all times.
• Immediately notify FuelAtlas of any unauthorized use of your account or any other breach of security by contacting legal@fuelatlas.com.
• Not share your login credentials with any third party or allow any other person to access the Service using your account.
• Not create multiple accounts for the purpose of circumventing subscription limits or trial restrictions.

FuelAtlas reserves the right to suspend or terminate any account that we reasonably believe has been compromised, is in violation of these Terms, or is being used for fraudulent purposes.

4. Billing & Subscriptions

4.1 Free Trial

FuelAtlas offers a fifteen (15) day free trial period for new users. A valid credit card or other accepted payment method is required to begin the trial. During the trial period, you will have access to the full features of the Service at no charge, and your payment method will not be charged.

By providing your payment information and accepting these Terms during registration, you expressly authorize FuelAtlas to automatically charge your designated payment method at the end of the fifteen (15) day free trial period at the then-current subscription rate per active vehicle, and on each subsequent monthly or annual billing cycle thereafter, until you cancel your subscription. You may cancel at any time before the trial period ends to avoid being charged. If you do not cancel before the trial expires, your subscription will automatically begin and your payment method will be charged accordingly.

Any data entered during the trial period will be retained and associated with your paid account upon conversion. If you cancel during the trial period, your data will be retained for thirty (30) days, after which it may be permanently deleted.

4.2 Subscription Plans

FuelAtlas offers monthly and annual subscription plans. Pricing for each plan is published on our website and may be updated from time to time. Annual plans are billed in a single upfront payment for the entire twelve (12) month term and provide a 20% discount compared to the equivalent monthly rate. Monthly plans are billed on a recurring monthly basis. Selecting an annual plan constitutes acceptance of the upfront, non-refundable nature of the payment as described in Section 4.5 below.

4.3 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe, Inc. By providing your payment information, you authorize FuelAtlas and Stripe to charge the applicable fees to your designated payment method. You are responsible for ensuring that your payment information is accurate and current.

4.4 Auto-Renewal

All subscription plans automatically renew at the end of each billing cycle (monthly or annually) unless cancelled prior to the renewal date. You will be charged the then-current subscription fee for the renewal period. We will provide at least seven (7) days' advance notice of any price increases before your next renewal date.

4.5 Cancellation Policy

You may cancel your subscription at any time through your account settings or by contacting our support team at billing@fuelatlas.com. We request thirty (30) days advance notice prior to the next billing cycle to help us manage service capacity effectively.

Upon cancellation:

• Your subscription will remain active until the end of your current billing period. You will not be charged for subsequent billing cycles.
• No prorated refunds will be issued for any partially used billing period, including for vehicles deactivated mid-cycle.
• Annual subscriptions are non-refundable in whole or in part. If you cancel an annual subscription mid-term, your service will continue through the end of the paid annual term; auto-renewal will be disabled and no refund will be issued for the unused portion. Mid-term vehicle removal does not generate a refund or credit. By selecting an annual plan, you acknowledge and accept this non-refundable commitment.
• Your data will be retained for thirty (30) days following the end of your final subscription period, after which it may be permanently deleted without further notice.

4.6 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties associated with your use of the Service, excluding taxes based on FuelAtlas's net income.

4.7 Vehicle Licenses & Billing

Your subscription includes a paid vehicle license count: the number of active vehicles you have paid to operate during the current billing cycle. A vehicle is considered "active" from the moment it is added to your fleet until it is explicitly deactivated in your account settings. Deactivating a vehicle mid-billing-cycle does not entitle you to any refund or credit; the vehicle license you paid for remains paid through the end of the cycle.

You may rotate which vehicles fill your paid licenses at no additional cost as long as your concurrent active vehicle count stays at or below your paid vehicle license count. Deactivating one vehicle and adding another within the same billing cycle is free.

Adding vehicles beyond your paid vehicle license count triggers a prorated overage charge:

• Annual plans: overage is prorated for the remainder of the annual term and permanently increases your paid vehicle license count for the rest of that term. The increase is reflected at renewal based on your then-current active vehicle count.
• Monthly plans: overage is prorated for the remainder of the current month. The next monthly billing cycle resets your paid vehicle license count to your active vehicle count at that time.

Your current vehicle license usage is visible on your Billing page and Fleet page.

4.8 Rate Changes

FuelAtlas reserves the right to modify subscription rates at any time. We will provide at least thirty (30) days notice of any rate increase. Your continued use of the Service after the effective date of a rate change constitutes acceptance of the new rates. If you do not agree to the new rates, you may cancel your subscription in accordance with Section 4.5.

4.9 Billing Disputes

Any billing dispute must be raised within sixty (60) days of the charge date. Disputes raised after this period will not be considered. FuelAtlas is not responsible for charges resulting from your failure to cancel your subscription or deactivate vehicles in a timely manner.

4.10 Chargebacks

Before initiating a chargeback or payment dispute with your card issuer or bank, you agree to first contact us at billing@fuelatlas.com to attempt resolution. We typically resolve billing concerns within five (5) business days.

A chargeback initiated without first contacting FuelAtlas constitutes a material breach of these Terms and may result in any or all of the following:

• Immediate suspension of your account and all associated user accounts;
• A thirty-five U.S. dollar (US $35) administrative fee per chargeback to recover bank processing and dispute-handling costs;
• Recovery of the disputed amount, the administrative fee, and reasonable attorneys' fees through any lawful means, including but not limited to collection agencies;
• Removal of access to historical data and reports until the chargeback is resolved and any outstanding amounts are paid in full.

Once a chargeback is filed, your account will remain suspended until the dispute is resolved. Successful resolution requires full payment of the original charge, the administrative fee, and any subsequent charges that came due during the suspension.

4.11 Fraudulent Activity & Forfeiture

If FuelAtlas determines in its reasonable judgment that an account has been used for fraudulent or deceptive activity — including without limitation use of stolen or unauthorized payment credentials, identity misrepresentation, falsification of fleet information, or circumvention of these Terms (such as creating multiple accounts to extend free trial periods) — the account will be immediately suspended or terminated and all prepaid fees and credits will be forfeited.

FuelAtlas reserves the right to report such activity to its payment processor (Stripe, Inc.), card networks, credit reporting agencies, and law enforcement, and to recover any losses (including chargebacks, refunds, administrative costs, and attorneys' fees) through any lawful means.

5. Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, icons, images, audio clips, data compilations, and all other content and materials provided through the Service (collectively, "FuelAtlas Content"), is the exclusive property of FuelAtlas, Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, FuelAtlas grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not include the right to:

• Copy, modify, or create derivative works based on the Service or FuelAtlas Content.
• Reverse engineer, decompile, or disassemble any aspect of the Service.
• Sublicense, sell, resell, transfer, assign, or distribute the Service or any rights therein.
• Use the Service to build a competitive product or service, or copy any features, functions, or graphics of the Service.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.

You retain all rights to data and content that you upload, submit, or transmit through the Service ("User Data"). By using the Service, you grant FuelAtlas a non-exclusive, worldwide, royalty-free license to use, process, and display User Data solely for the purpose of providing and improving the Service.

6. User Conduct

You agree not to use the Service to:

• Violate any applicable federal, state, local, or international law or regulation.
• Upload or transmit any viruses, malware, or other harmful code that may disrupt or damage the Service.
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service.
• Scrape, crawl, or use automated means to extract data from the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

FuelAtlas reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing offending content, suspending or terminating the account of such violators, and reporting such conduct to law enforcement authorities.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUELATLAS, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service;
• Unauthorized access, use, or alteration of your transmissions or content;
• Fuel price data inaccuracies, route recommendations, or any decisions made based on information provided through the Service.

FUELATLAS SHALL NOT BE LIABLE FOR:

• Any fuel purchasing decisions made based on price data or recommendations provided by the Service;
• Losses resulting from vehicle tracking data inaccuracies or delays;
• Business interruption or lost profits due to Service unavailability;
• Any indirect, consequential, or punitive damages regardless of the theory of liability.

IN NO EVENT SHALL FUELATLAS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO FUELATLAS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUELATLAS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUELATLAS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

8. Indemnification

You agree to defend, indemnify, and hold harmless FuelAtlas, Inc., its affiliates, and their respective officers, directors, employees, agents, suppliers, licensors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, judgments, settlements, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising from or related to:

• Your access to or use of the Service;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, property, contract, or privacy right;
• Any User Data, content, or information you submit, post, transmit, or otherwise make available through the Service, including any claim that such User Data caused damage to a third party;
• Any decision or action taken by you or your personnel based on data, recommendations, routes, fuel prices, or reports provided by the Service — including fueling decisions, route choices, dispatch assignments, vehicle assignments, driver compensation determinations, or compliance reporting;
• Any dispute between you and a driver, employee, contractor, customer, insurer, regulator, or other third party arising from your use of the Service or your business operations;
• Your negligent or willful misconduct.

FuelAtlas reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with FuelAtlas in asserting any available defenses. You will not settle any claim subject to indemnification without FuelAtlas's prior written consent.

This Section 8 will survive termination of these Terms and your use of the Service.

9. Termination

FuelAtlas may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination:

• Your right to access and use the Service will immediately cease.
• FuelAtlas may, but is not obligated to, delete your account information and User Data. We will retain your data for thirty (30) days following termination, during which time you may request an export of your data.
• All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may terminate your account at any time by contacting us at support@fuelatlas.com or through your account settings.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Contra Costa County, California. You consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

11. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You may opt out of binding arbitration within thirty (30) days of first accepting these Terms by following the procedure in Section 11.4 below.

11.1 Informal Resolution

Before initiating any formal proceeding, you agree to attempt to resolve the dispute informally by sending written notice to legal@fuelatlas.com describing the nature of the claim, the relief sought, and your contact information. FuelAtlas will attempt to resolve the dispute within thirty (30) days of receipt. Most disputes can be resolved at this stage without the need for formal proceedings.

11.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and FuelAtlas (a "Dispute") that is not resolved through informal resolution under Section 11.1 shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as provided in Section 11.5 below.

The arbitration shall be administered by JAMS (formerly Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules then in effect, available at www.jamsadr.com. The arbitration shall be conducted in the English language before a single neutral arbitrator and shall take place in Contra Costa County, California, or by video conference, at your election. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.

11.3 Class-Action and Representative Action Waiver

YOU AND FUELATLAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND FUELATLAS AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SERVICE.

11.4 30-Day Right to Opt Out

You may opt out of the arbitration agreement and class-action waiver in Sections 11.2 and 11.3 by sending written notice of your decision to legal@fuelatlas.com within thirty (30) days of first accepting these Terms. The notice must include (a) your full legal name, (b) the email address associated with your account, (c) the date you first accepted these Terms, and (d) a clear statement that you wish to opt out of arbitration under Section 11. If you opt out under this Section 11.4, no other portion of these Terms is affected; the governing-law and venue provisions in Section 10 will apply to your Disputes.

11.5 Exceptions

Notwithstanding the foregoing, either party may:

• Bring an individual action in small-claims court for claims that qualify;
• Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or to enforce confidentiality obligations;
• File suit in court to compel arbitration or enforce an arbitration award.

11.6 Arbitration Fees

Each party shall bear its own attorneys' fees and costs in arbitration, except that the arbitrator may award fees and costs to the prevailing party as permitted by applicable law. Filing and administrative fees shall be allocated in accordance with the JAMS rules in effect at the time the arbitration is initiated.

11.7 Severability

If any portion of this Section 11 is found to be unenforceable, the unenforceable portion shall be severed, and the remainder of this Section 11 shall be given full force and effect. If the class-action waiver in Section 11.3 is found to be unenforceable in any proceeding, then this entire Section 11 shall be null and void with respect to that proceeding and Section 10 (Governing Law) shall control.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email, through the Service, or by posting a notice on our website at least thirty (30) days before the changes take effect. The "Last updated" date at the top of these Terms indicates when the latest revisions were made.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your subscription as described in Section 4.5.

13. Contact Us

If you have any questions or concerns regarding these Terms of Service, please contact us: