Effective 2/2/2021
The following FuelCred Terms of Service and Use (“Terms”) represent a legal agreement between you and FuelCred (“we”). The Terms of Service and Use describe the off-road fuel refund calculation services (the “Services”) available from FuelCred, your use of the FuelCred application, our fees for those Services, and the related terms and conditions under which you may receive the Services (together, the “Agreement”).
Services
Use
Fees
General Terms and Conditions
Dispute Resolution
By registering for FuelCred or using any functionality or features of the FuelCred: For Fuel Tax Refunds App (the “App”) you are agreeing to be bound by the Agreement. If you do not agree to this Agreement, you may not use the Services.
The Agreement is available to download once you have accepted it. An electronic copy of the Agreement is available on the FuelCred website (fuelcred.com) and upon request by emailing support@fuelcred.com
Additional questions or requests for support can be addressed to:
FuelCred
550 Vanderbilt Ave, #1615
Brooklyn, NY 11238
Services
Subject to the terms of this Agreement, as part of the Services, FuelCred will:
- Facilitate importing of your historical record of off-road fuel transactions.
- Provide you with a report of all off-road fuel transactions for the current tax year and potentially prior tax years.
- Prepare and provide a completed IRS Form 4136 “Credit for Federal Tax Paid on Fuels” for the current tax year and potentially prior tax years.
Note, the Services do not include review or filing of tax documents and the provided tax documents alone are not sufficient to comply with IRS laws and regulations. You should consult with a qualified CPA or tax preparer before filing taxes to ensure compliance with all applicable IRS laws and regulations.
Users Excluded from Using the Service
The Services cannot be reliably provided to certain users and therefore these users will be excluded from using the FuelCred App. You may not use the FuelCred App if you meet any of the following criteria:
- Have a personal net worth in excess of $10,000,000
- Have a calculated fuel tax refund of $5,000 or greater
Reliance on Information Provided
In order to prepare your documents, FuelCred relies on you to submit all of the necessary information about your off-road fuel transactions and edit these transactions to insure their accuracy to provide the Services.
In addition, FuelCred relies on you to provide accurate off-road fuel transaction information. FuelCred will prepare your tax documents based on the information that you submit to us and we will have no responsibility to evaluate or verify the accuracy or completeness of the information you provide. You are responsible for making sure that you have provided us with al relevant information for us to prepare tax documents.
Use
You represent that you are at least eighteen (18) years of age. You may need to create an account (“Account”) to use certain features of the App, or access certain free or paid-for content and functionality. When creating an Account in the App, you represent that all information that you submit to the App is true, complete, accurate, and current in all respects. You agree to keep your Account information (including any payment information if applicable) up-to-date, accurate and complete.
You understand that FuelCred may send notices, e-mails, statements, announcements and other account-related information to you using the information on your Account, and you hereby consent to it doing so.
You are responsible for the security of your Account, including for keeping any access credentials (such as user IDs, passwords and other access credentials) secure. You must not share your access credentials with any other person or entity. If you become aware of any sharing, loss or theft of your access credentials or other security breach related to your Account, you must immediately notify FuelCred and change your access credentials, and take all reasonable steps to remediate and mitigate the breach. FuelCred will treat all acts performed through your Account or using your access credentials as being performed and authorized by you. You therefore accept responsibility for all acts taken using your Account or access credentials, and will be responsible and may be held liable for losses incurred by us or any other user of the App caused by someone else using your Account or credentials (with or without your permission).
Permission to Use the App
The App is solely owned by FuelCred. Subject to your continued compliance with these Terms, FuelCred grants you a personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to use and access the App for your business purposes.
This is a limited licensee, not a sale or assignment. That means that FuelCred continues to own the App when it is accessed on your device, including all the copyright and intellectual property rights in the App not otherwise owned by applicable third parties. FuelCred reserves all rights in the App not expressly granted in these Terms.
When using the App, you must not:
- impersonate another person;
- use the App for any illegal, fraudulent, or otherwise harmful purpose,
- upload or transmit anything via the App that is obscene, defamatory, abusive, or threatening, or that infringes or otherwise violates any other person’s or entity’s rights,
- use the App to do anything that could harm FuelCred’s reputation,
- use the App to post or transmit “spam” or any other excessive and/or unlawful messages or communications of any kind,
- harvest or scrape third party data;
- try to hack the App, or disable or circumvent any of the App’s security or access control features, mechanisms, protocols, or tools,
- modify, adapt, translate, or create derivative works of the App or any component thereof,
- upload, submit, or otherwise introduce any material containing a virus, worm, Trojan horse, malware, disabling device, or other harmful or malicious script, code, or tool into the App, or
- remove, alter, deface, modify, or conceal any trademark, logo, copyright or other proprietary notice that is on the App.
You must not decompile or reverse-engineer the App or try to derive source code from the App by any other method (“Reverse Engineer” the App), unless the law does not allow FuelCred to restrict you from Reverse Engineering the App. If you require information to enable you to make the App interoperable with other software (“Interoperability Information”), please contact FuelCred. If FuelCred provides you with Interoperability Information or if you obtain Interoperability Information, you may only use it for the purpose of making the App interoperable with another software program. You should not use Interoperability Information for any other purpose, and you must keep Interoperability Information confidential. You agree FuelCred is not liable for any harm resulting from your implementation of interoperability with other software, or for any third-party software or service the App interoperates with.
User Content and Feedback
The App may allow you to post, upload, or submit content (the “User Content”). As between you and FuelCred, you own the User Content you post, but you hereby grant FuelCred, to the maximum extent permissible under applicable law, a worldwide, perpetual, non-exclusive, sublicensable, royalty-free, irrevocable, transferable license to use, reproduce, distribute, modify, publish, and create derivative works of User Content for any commercial or non-commercial purpose, including without limitation in order to provide, operate, maintain, develop, promote, or improve the App, and FuelCred’s other offerings, to develop new ones, and as otherwise stated in these Terms and our Privacy Notice.
You may also voluntarily or at FuelCred’s request provide feedback, suggestions, ideas, or improvements to the App (collectively, “Feedback”). You grant FuelCred, to the maximum extent permissible under applicable law, a worldwide, perpetual, non-exclusive, sublicensable, royalty-free, irrevocable, transferable license to use, reproduce, distribute, modify, publish, and create derivative works of Feedback for any commercial or non-commercial purpose. You understand and agree that we will have no obligation to pay or credit you for any Feedback.
The licenses in this Section will survive the termination or expiration of the Terms or your use of the App for any reason.
You are solely responsible for User Content you provide (including its accuracy, completeness and legality). FuelCred does not endorse User Content, has no obligation to monitor any User Content, and assumes no responsibility whatsoever for these materials. You represent and warrant that none of your User Content or Feedback infringes, misappropriates, or otherwise violates the personal or legal rights of any third party. In all cases, FuelCred reserves the right to remove or disable access to any User Content without liability to you for any or no reason, including without limitation to account for changes to the App or to prevent breaches of these Terms, harm to other users, or liability to third parties.
Updates
From time-to-time FuelCred may make updates available to you to improve the App’s performance, to fix bugs, to address security issues, to enhance functionality, and/or to improve the user experience. However, FuelCred does not have any obligation to provide updates or new features to the App.
Errors, Bugs and Interruptions; Disclaimers
You acknowledge that the App is provided, and your use of the App shall be, on an “AS IS” basis and may contain errors. FuelCred does not give any representation, warranty, or guarantee that the App will operate without error. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FUELCRED DOES NOT MAKE AND FUELCRED HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED OR STATUTORY, REGARDING THE APP, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE.
FuelCred does not guarantee uninterrupted access to the App. You acknowledge that your access to the App may by interrupted for scheduled or emergency maintenance purposes, to fix bugs, or for security reasons. Access to the App may also be interrupted for reasons outside of FuelCred’s reasonable control, or for suspension of service as set forth in the Terms.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the App as described meets your requirements.
Viruses and Other Malware
FuelCred does not represent or guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, hardware, and platform in order to access the App and we recommend that you use your own virus protection software.
You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit criminal offences. We reserve the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and user logs and records to them. In the event of such a breach, your right to use the App will cease immediately.
Security of Internet Transmissions
You acknowledge that internet transmissions are never completely private or secure. FuelCred cannot guarantee the confidentiality and integrity of any documents or information sent or received via the App. This means that any document, message, or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Fees
FuelCred Services are provided subject to a monthly fee.
If you do not elect to receive the off-road fuel transaction report and completed tax documents prepared for you by FuelCred, you are not obligated to pay anything for your use of the Services. However, you understand that, if you do not pay you will not be able to view, download or otherwise make any use of the report and completed tax documents.
Fees are calculated and billed in U.S. dollars. Payments made by you are final and non-refundable, unless otherwise determined by FuelCred.
General Terms and Conditions
1. About us: We will provide the Services to you as an independent contractor and not as your employee, agent, partner or joint venturer. Neither you nor we have any right, power or authority to bind the other. We may subcontract portions of the Services to other firms. Nevertheless, we alone will be responsible to you for the Services, and our other obligations under this Agreement.
Unless prohibited by applicable law, we may provide Client Information to other external third parties providing services on our or their behalf, who may collect, use, transfer, store or otherwise process (collectively, “Process”) it in various jurisdictions in which they operate in order to facilitate performance of the Services, to comply with regulatory requirements, to check conflicts, to provide financial accounting and other administrative support services or for quality and risk management purposes. We shall be responsible to you for maintaining the confidentiality of Client Information, regardless of where or by whom such information is Processed on our behalf.
2. Limitations: You and any others for whom Services are provided may not recover from us, in contract or tort, under statute or otherwise, any consequential, incidental, indirect, punitive or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, including any amount for loss of profit, data or goodwill, whether or not the likelihood of such loss or damage was contemplated. You and any others for whom Services are provided may not recover from us, in contract or tort, under statute or otherwise, aggregate damages in excess of the Fees actually paid for the Services that directly caused the loss in connection with claims arising out of this Agreement or otherwise relating to the Services. This limitation will not apply to losses caused by our fraud or willful misconduct or to the extent prohibited by applicable law or professional regulations.
You may not make a claim or bring proceedings relating to the Services or otherwise under this Agreement against any other firm or our or its subcontractors, members, shareholders, directors, officers, partners, principals or employees (“FuelCred Persons”). You shall make any claim or bring proceedings only against us. The provisions of this Paragraph 2 are intended to benefit all FuelCred Persons, who shall be entitled to enforce them.
Neither you nor we shall be liable for breach of this Agreement caused by circumstances beyond your or our reasonable control.
3. Assignment: You may not assign any of your rights, obligations or claims arising out of or related to this Agreement or any Services.
4. This agreement: This Agreement constitutes the entire agreement between us as to the Services and the other matters it covers, and supersedes all prior agreements, understandings and representations with respect thereto. If any provision of this Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions shall remain in full force and effect.
5. Termination: This Agreement applies to the Services whenever performed (including before the date of this Agreement), and shall terminate upon the completion of the Services. Either of us may terminate it, or any particular Services, earlier upon 30 days’ prior written notice to the other. In addition, we may terminate this Agreement, or any particular Services, immediately upon written notice to you if we reasonably determine that we can no longer provide the Services in accordance with applicable law or professional obligations. The provisions of this Agreement that give either of us rights or obligations beyond its termination shall continue indefinitely following the termination of this Agreement.
6. Governing Law: This Agreement, and any non-contractual matters or obligations arising out of this Agreement or the Services, including (without limitation) claims arising in tort, fraud, under statute or otherwise relating to the Services, or questions relating to the scope or enforceability, shall be governed by, and construed in accordance with, the laws of New York applicable to agreements made, and fully to be performed, therein by residents thereof.
Dispute Resolution Procedures
You and FuelCred agree to use alternative dispute resolution to resolve any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to the Services or the subject matter of these Terms as described in this section. The parties understand and agree that they are waiving their rights to use other available resolution processes, including a court action or administrative proceeding, to settle their disputes. The parties agree that these Terms require the use of mediation and arbitration on an individual basis to resolve covered disputes, rather than jury trials or class actions.
Mediation – A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution (“CPR”) shall designate a mediator at the request of a party.
The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed.
Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator.
If the parties have not resolved a dispute within 90 days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration.
Arbitration – The arbitration will be conducted in accordance with the procedures in this document and the CPR Rules for Non-Administered Arbitration (“Rules”) as in effect on the date of the Agreement, or such other rules and procedures as the parties may agree. In the event of a conflict, the provisions of this document will control.
The arbitration will be conducted before a panel of three arbitrators, to be selected in accordance with the screened selection process provided in the Rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. Y
The arbitration panel shall have no power to award non-monetary or equitable relief of any sort or to make an award or impose a remedy that (i) is inconsistent with the agreement to which these procedures are attached or any other agreement relevant to the dispute, or (ii) could not be made or imposed by a court deciding the matter in the same jurisdiction. In deciding the dispute, the arbitration panel shall apply the limitations period that would be applied by a court deciding the matter in the same jurisdiction, and shall have no power to decide the dispute in any manner not consistent with such limitations period.
Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery.
All aspects of the arbitration shall be treated as confidential. The parties and the arbitration panel may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards. Before making any such disclosure, a party shall give written notice to all other parties and shall afford them a reasonable opportunity to protect their interests, except to the extent such disclosure is necessary to comply with applicable law, regulatory requirements or professional standards.
The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.