Terms of Service.

Fuel Check is an informational tool that estimates whether the price a commercial buyer is paying for fuel is fair relative to public market benchmarks (such as futures and government price data) plus a calibrated jobber-margin estimate. It produces a verdict (for example, “Advantage,” “Neutral,” or “Exposure”) and an estimated range.

This is the most important thing to understand:

• The Service provides estimates, not guarantees. Verdicts are model outputs based on limited and evolving data.
• The Service is not financial, investment, trading, accounting, tax, legal, or procurement advice, and is not a substitute for your own judgment or professional advisors.
• Fuel prices are volatile and depend on factors the model may not capture. A verdict may be wrong for your specific situation.
• The model is currently calibrated for standard fuel grades (regular 87-octane / E10 gasoline and #2 diesel). For specialty gasoline grades — premium, midgrade, or non-ethanol/recreational — a verdict may be inaccurate and should not be relied upon. (Off-road/dyed diesel is the same product as clear diesel before road tax and is handled on a pre-tax basis.)
• Do not make purchasing, contracting, or financial decisions solely in reliance on the Service. Always verify with your supplier and your own records before acting.

The Service is currently offered as a beta. It may contain errors, may change or be discontinued at any time, and is provided “AS IS” and “AS AVAILABLE” without warranties of any kind (see Section 9). Accuracy is being actively improved and is not warranted.

• You must be at least 18 and using the Service for business purposes.
• You are responsible for keeping your account credentials (your email and password) secure and for all activity under your account.
• You agree to provide accurate information and to keep it reasonably current.

a. Only your own records. You may upload only invoices, fuel tickets, and records that belong to your own business and that you have the right to share. You must not upload confidential documents belonging to a competitor, a supplier, or any third party that you are not authorized to share, and you must not upload anything that violates a confidentiality, non-disclosure, or other agreement. By using the Service and agreeing to these Terms, you warrant and represent that you are complying with any and all obligations you owe to third parties, including any confidentiality obligations you may owe to a supplier or other party in connection with the records you submit.

b. You keep ownership. You retain ownership of the content you submit (“Your Content”).

c. License to improve the Service. If you opt in via the consent checkbox, you grant Fuel Check a non-exclusive, worldwide, royalty-free license to use Your Content to operate the Service and to calibrate and improve the pricing model, including by deriving anonymized, aggregated insights and benchmarks. We will not publish Your Content or your individual business data in a form that identifies you (see the Privacy Policy, including the N ≥ 20 aggregation threshold).

You may withdraw this consent and delete Your Content at any time as described in the Privacy Policy. You understand and agree, however, that anonymized, aggregated, and de-identified statistical insights already derived from Your Content and incorporated into the pricing model’s calibration cannot be individually identified, separated, or reversed out once combined with other data, and no longer identify you or your business. You therefore grant Fuel Check a perpetual, irrevocable, royalty-free license to retain and continue using those anonymized, aggregated, and de-identified insights, even after Your Content itself is deleted.

d. Accuracy of what you submit. You are responsible for the accuracy of the data you enter and upload.

You agree not to:

• use the Service for any unlawful purpose or in violation of any third-party rights or agreement;
• upload others’ confidential or proprietary data without authorization;
• attempt to access another user’s account or data;
• probe, scan, scrape, overload, or interfere with the Service or its infrastructure;
• reverse engineer or attempt to extract the underlying model or source code except as permitted by law;
• resell or commercially redistribute the Service or its outputs without our written permission.

The Service — including the software, pricing model, methodology, design, text, and branding (but excluding Your Content) — is owned by Fuel Check and protected by intellectual-property laws. The Service content is copyrighted material and is protected by the copyright laws of the United States. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative works, or otherwise use any content on the Service without our prior, express, and written permission. We reserve all right, title, and interest in and to the Service, including all related intellectual property rights and any modifications, enhancements, updates, corrections, or derivative works thereof.

No rights are granted to you hereunder other than as expressly set forth herein, and you do not and will not acquire any intellectual property rights in the Service through your use of the Service. Subject to your compliance with these Terms, together with any other terms to which you are bound, Fuel Check grants you a limited, non-exclusive, non-assignable, non-transferable, and revocable license, without the right to sublicense, to access and use the Service for your internal business purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fuel Check, except for the limited license expressly granted herein.

The core verdict is currently provided free of charge. We may introduce paid features or subscriptions in the future; if we do, the applicable pricing and terms will be presented to you before you incur any charge.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY VERDICT OR ESTIMATE WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUEL CHECK AND ITS OWNERS, MEMBERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY RELIANCE ON A VERDICT OR ESTIMATE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

Some jurisdictions do not allow certain limitations; in those, the limitations apply to the fullest extent permitted.

You hereby agree to indemnify and hold Fuel Check harmless from and against any claims for damages or other claims asserted against Fuel Check, including without limitation all indirect liability claims, consequential damages, losses, liabilities, costs, and expenses (including without limitation reasonable legal fees), arising from your use, in any form whatsoever, of the Service, from information you transmit to Fuel Check or the Service, from your violation of any rights of third parties, or from your breach of these Terms.

You may stop using the Service and request account deletion at any time. We may suspend or terminate access if you violate these Terms or to protect the Service or other users. Sections that by their nature should survive termination (ownership, disclaimers, liability limits, indemnification, governing law) will survive.

We may modify the Service or these Terms. Material changes to the Terms will be posted here with a new “Last updated” date and, where appropriate, communicated to you. If you do not agree to the revised Terms, you must stop using the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of those revised Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The exclusive venue for any dispute will be the state or federal courts located in Hidalgo County, Texas, and you consent to their jurisdiction.

Class-action waiver. To the maximum extent permitted by law, any dispute relating to the Service will be resolved on an individual basis only, and you and Fuel Check each waive any right to bring or participate in a class, collective, consolidated, or representative action. The parties are not agreeing to binding arbitration; disputes may be brought in the courts identified above.

If any provision is held unenforceable, the rest remain in effect. The Privacy Policy forms part of this agreement and is hereby incorporated by reference. By using the Service, you consent to the Privacy Policy and to the collection, use, and sharing of information as discussed therein. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. These Terms, together with the Privacy Policy, are the entire agreement between you and Fuel Check regarding the Service. Our failure to enforce a provision is not a waiver.

EQV Transport, LLC
info@getfuelcheck.com
3827 N. 10th St., Suite 205, McAllen, TX 78501