General terms of use of the application

The current Terms of use and service outline the conditions for utilizing the software for fuel management through a desktop device and mobile application Fuel2Go, as well as the terms and conditions for the software usage.

Definitions

• The Fuel2Go Platform refers to the software for desktop devices, along with its accompanying mobile application, providing operations, records, and functions for fuel management at specific locations – such as gas stations and other fueling sites included in the software's database.
• Go refers to GO LTD., a company registered in Bulgaria, which is the owner and operator of the Platform, also referred to as „we/us/We/Us.“
• The website refers to the internet site en.fuel2go.eu, a virtual informational resource on the internet that provides details about the services offered by Go and through which access to the Platform is provided.
• Services refers to the entire package of services provided by Go, including the use of the Platform, demonstrations, assistance with usage, additional custom development and software management, bug fixes, communication, and more.
• The user refers to the client of Go who, under these terms and conditions and/or a license agreement, has the right to use the Platform and the Services, also referred to as "you/You."
• The content includes logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual materials and combinations, interactive features, materials, collections, which you may be viewed or accessed through the Platform.
• Terms and conditions refers to these terms of use and service, which describe the practices applicable to the use of the Platform and the Services provided by Go.

1. Your Consent

If you wish to use the Services and the Platform, you must agree to be bound by these Terms and Conditions as outlined below, as well as all applicable laws regarding the usage of the Platform. If you choose not to agree to any of these terms, you are not authorized to use the Services and the Platform.

BY CLICKING THE "I AGREE" BUTTON WHEN FIRST LAUNCHING THE SOFTWARE, YOU ACKNOWLEDGE YOUR UNDERSTANDING AND EXPRESS YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS AND CONDITIONS.

2. Changes to the Terms and Conditions

We reserve the right to modify these Terms and Conditions from time to time as we add new features to the Platform, release new applications, enhance our current offerings, and as technologies evolve. You can determine when these Terms and Conditions were last revised by checking the "Last Updated" field at the top of this page. All changes will take effect upon the posting of the updated version on our Fuel2Go website and/or when you access the Platform. If we make any material or significant changes to our Terms and Conditions, we will notify you by posting a clear and unambiguous notice of these changes when you access the Platform. By continuing to use the Platform, you expressly agree to be bound by such modifications and/or revisions. To the extent that the changes affect information requiring consent under the applicable laws, we will seek your consent for this purpose.

3. Nature of the Platform

The Platform consists of various features and operations designed to assist in the management of fuel-loading activities. The software is integrated with different fueling sites to allow the user to access their account data on the Platform at any time. Conversely, the Platform receives data from these fueling sites to provide the features, operations, and functions within the Platform.

The user may access and operate the Platform with an unlimited number of individual internal accounts for their employees or agents within their profile, using their user credentials on the Platform. Each individual internal access/account is identified by a name, a predefined role, contact information (phone and/or email), and vehicle details. The user has access to the data of individual internal accounts through the desktop software.

At any time Go does not provide the user with direct links or software protocols for integration with individual fueling sites or separate software for such integration. Go remains the sole legal user of such software and the embedded software protocols, as implemented within the Platform as a whole.

4. Terms of general use

A user who wishes to utilize the Platform and Services must provide Go with registration credentials for an initial user profile, including an email address, phone number, and role selection. Go registers the initial profile with a username that matches the email address and an automatically generated password, which is then provided to the user. Once the profile is active, either in a demo version or under a subscription plan, it can accommodate as many individual internal accounts as necessary for the user's business purposes. The individual internal accounts are registered by the user. The user is solely responsible for the protection and security of their user credentials and those of the individual internal accounts. The user must immediately notify Go in case of credential loss or suspicion of misuse of their profile, in which case Go may issue new user credentials. Until such reissuance, the user is fully and independently responsible for the consequences of any unlawful, improper, or harmful use of their user credentials.

The user may manage all fuel management activities through and within the Software. Upon explicit request for assistance, Go and its employees may assist the user with any inquiries that may arise during the use of the Software and Services.

In addition to the restrictions stated elsewhere in the current Terms and Conditions, you expressly agree to the following conditions for using the Software and the provided Services:

1. You are not permitted to resell or charge others for the use of or access to the Software in any way that is inconsistent with these Terms and Conditions, except for appropriate use within your business to improve and optimize your operations.
2. You agree not to copy, upload, republish, distribute on any medium any part of the Platform and its software, unless specifically offered and made available for such distribution through functionality offered on the Platform, including but not limited to embedded video content or embedded sharing via social network channels.
3. You expressly acknowledge and agree that the Content provided by Go may contain links to third-party websites that are not owned or controlled by Go, including websites for payment processing for the relevant subscription. Go has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites and services. By using the Platform, you expressly acknowledge and agree that Go is not liable for any damages, claims, or other liability arising from or related to your use of any third-party website or service.
4. You expressly agree to provide accurate information, including the necessary personal data when required, and to update this information promptly and accurately.
5. You must immediately notify Go of any security breaches involving unauthorized use of your account registered with the provided email address, and you may be held responsible for losses or damages incurred by Go or others due to such unauthorized use.
6. You agree not to alter or modify any part of the Platform and/or its software.
7. You agree not to tamper with public or non-public areas of the Platform.
8. The Platform, the Services, the provided software, and their parts are protected by copyright, trademarks, and/or other intellectual property rights owned by Go in accordance with the national, European, and foreign laws and international conventions.
   You are not permitted to use the name Go or any of the trademarks, logos, domain names, and other related and distinctive brand assets of the Platform. Go reserves all rights to all parts of the Platform in their entirety and separately.
9. You agree not to probe, scan, test the vulnerability of, or otherwise tamper with the Platform, its computer systems, software, or delivery systems of our contractors and/or suppliers.
10. You agree not to request, take, collect, or otherwise obtain any personal information, including account names, email addresses, and passwords from any user of the Platform or the Services.
11. You agree to comply with all applicable laws when using the Platform and its features, including, but not limited to, those related to safety, consumer regulations, privacy, patents, trademarks, copyrights, or other intellectual property rights.
12. We reserve the right to terminate or restrict access to your account, the Platform, and/or the Services, or access to the Content at any time without notice or liability in the cases provided in these Terms and Conditions.
13. You acknowledge, declare, and take full responsibility for ensuring that your computer systems are compatible and meet the requirements for the operation and use of the Platform and Services, to the extent that such requirements are applicable.
14. You acknowledge that Go may from time to time upgrade/update its Services and/or software and agree to such automatic updates. You also agree that the Terms and
    Conditions apply to all updates.
15. You agree that the use of the Platform, Services, and/or Content may result in standard data transmission charges to your carrier, and you bear full responsibility for such
    charges incurred.
16. When using the Platform and Services on Microsoft Windows and macOS, you agree and acknowledge that these Terms and Conditions apply only between you and Go concerning your use of the Platform and Services, and do not relate to Microsoft Inc., Apple, Inc., Google Inc., or any other software provider. Your use of the Platform on desktop devices must comply with the current Terms and Conditions of the relevant software and hardware provider.

5. Payments

Subject to the terms and conditions herein, as well as your compliance with these Terms and Conditions, Go may grant you a limited, personal, non-exclusive, and non-transferable license to use the Platform in accordance with your subscription plan and pursuant to an additional executed license agreement. You are not permitted to modify, copy, edit, reproduce, create derivative works from, reverse engineer, alter, enhance, or develop any of the Services, the Platform, or their components.

The use of the Platform is subject to various subscription plans that may be selected during initial installation and registration or modified thereafter.

Go is not responsible for refunds of services or payments made after agreeing to the selected subscription plan and/or after payment of the respective selected and agreed-upon subscription fee. Termination of payments will only take effect following the proper cancellation/termination of the use of the Platform and Services, initiated in accordance with the current Terms and Conditions or the applicable License Agreement.

6. Intellectual Property

The design of the Platform, the software that constitutes it, along with the created text, database rights, scripts, graphics, interactive features, and similar elements, as well as the trademarks, service marks, and logos contained therein ("Marks"), are the property of, or licensed to, Go, and are subject to copyright and other intellectual property rights under national, European, and foreign laws and international conventions. Go reserves all rights to the Platform, its software, and services unless expressly granted under the current Terms and Conditions and/or the applicable License Agreement.

You agree not to use such proprietary materials, information, or data in any way other than for the use of the Platform in accordance with the current Terms and Conditions. No part of the Platform may be reproduced in any form or by any means, except as explicitly permitted under these Terms and Conditions and the applicable License Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform in any manner, nor you will use the Platform in any unauthorized way.

You will not reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code, techniques, processes, algorithms, know-how, or other information from the binary code portions of the Platform (collectively referred to as "Reverse Engineering"), nor you will permit or induce others to do so. In the event that the applicable law prohibits the foregoing restrictions, you may engage in Reverse Engineering only to the extent necessary to obtain such information as is essential to achieve the interoperability of independently created software with the Platform, or as otherwise and to the limited extent permitted by applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you first requested such information from the licensor and Go did not provide such information (for a fee or otherwise) under reasonable terms and conditions. Any information obtained by you under this section constitutes Go's confidential information, subject to the obligations under these Terms and Conditions and the applicable License Agreement, and may only be used for the purposes described in this section and may not be disclosed to any third party or used to create software that is substantially similar to the Platform and the Services.

The libraries and images used to create the software behind the Platform are subject to copyright by their respective authors and/or are licensed to Go. As such, all content on the Platform is protected under the applicable law.

7. Disclaimer of warranties

The Platform and any software that constitutes it are provided "as is" and without any warranties, including, but not limited to, warranties of merchantability, errors/bugs, fitness for a particular purpose, and non-infringement. Go, as the licensor of the software, does not warrant that the software is free of defects or fit for any particular purpose. Go, as the licensor, shall not be liable for any losses or damages arising from the use of the Platform, including, but not limited to, any indirect, punitive, special, incidental, or consequential damages of any kind, including, but not limited to, damages for loss of goodwill, work stoppage, device malfunction or failure, or any other commercial damages or losses. The entire risk as to the quality and performance of the Platform is borne by you. Should the Platform prove defective or damaging, including in relation to the operation of other software, you, and not Go, assume the entire cost of all necessary servicing and repair.

You agree that the use of the Platform is entirely at your own risk. To the fullest extent permitted by the applicable law, Go, its representatives, directors, employees, and agents make no warranties, express or implied, regarding the Platform, its software, or Services, or their use by you. Go makes no warranties or representations that (i) the Platform will meet your requirements, (ii) the provision of any part of the Platform will be uninterrupted, timely, secure, or error-free, (iii) the error codes and brief descriptions that may appear while using the Platform will be accurate or reliable, (iv) any errors in the software will be effectively corrected, (vi) any parts of the Platform or other software provided by us will be of satisfactory quality, free from defects or viruses, uninterrupted, or will meet any conditions of quality and fitness for the purpose. No advice or information, whether oral or written, obtained from us or through or from the Platform, shall create any warranty not expressly stated in these Terms and Conditions.

Go does not guarantee, endorse, certify, or assume responsibility for any product or service offered by a third party through the Platform or any hyperlinked website, or featured in any user status representation or other advertising, and Go shall not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

8. Limitation of liability

In no event shall Go, its representatives, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages arising from any:

1. Errors, inaccuracies, or inaccuracies in the Platform, its software, or Content; and/or
2. Personal injury or property damage of any nature resulting from your access to and use of the Platform and our Services; and/or
3. Any unauthorized access to or use of the Platform and our Services and/or any and all personal information and/or financial information stored therein; and/or
4. Any interruption or termination of transmission to or from our Services; and/or
5. Any bugs, viruses, Trojan horses, or similar that may be transmitted to or through the Platform or its software by any third party; and/or
6. Errors or omissions in any feature of the Platform or our services, or for any loss or damage of any kind incurred as a result of the use of any feature or characteristic of the Platform or our services, posted, emailed, transmitted, or otherwise made available through the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not the user has been advised of the possibility of such damages; and/or
7. Issues with the operation of the Platform resulting from new versions of the system software, database software, communication software, and network software installed on the user’s devices or server, nor for any issues resulting from a disrupted or lost connection of the respective device to the Internet; and/or
8. Errors caused in whole or in part by the combination of the Platform with products and/or equipment whose installation was not previously agreed upon with Go; and/or
9. Disclosure of information in accordance with the current Terms and Conditions or the applicable privacy policy.

You expressly acknowledge that Go is not liable for users’ statements or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests
entirely with you.

Go is not responsible for any injuries resulting from the use of any of the Platform's features. You expressly waive and release any claims you may have at any time for any injury of any kind against Go or any entity affiliated with Go, including, but not limited to, its directors, employees, officers, instructors, agents, contractors, affiliates, and representatives.

9. Jurisdiction and Responsibility

The Platform is controlled and operated by “Go” Ltd. from the Republic of Bulgaria, and it does not intend to subject the Platform and/or Go to the laws or jurisdiction of any region, country, or territory other than that of the Republic of Bulgaria.

Those who choose to access the Platform do so on their own initiative and are fully responsible for complying with all local laws, rules, and regulations. By using any feature, function, or operation of the Platform, you assume all risks that may arise from such use, as well as any liability resulting therefrom, regardless of whether you have provided additional consent and have been expressly informed about any such feature. In the event of direct or indirect damages, property penalties, restrictions, violations, emotional effects, losses, or any other consequences resulting from the use of the Platform, such consequences are entirely your responsibility, and Go shall not be liable for any such result under any circumstances.

We may restrict access to the Platform, in whole or in part, to any person, geographic area, or jurisdiction that we choose, at any time and at our discretion. Such restrictions are not intended to ensure compliance with local regulations, rules, and laws, and may occur for any reason. Compliance with local regulations, rules, and applicable laws is solely the responsibility of the Platform users. Regardless of such a restriction, if any exists, we shall not be liable under any circumstances for direct or indirect damages and/or liability and/or penalties and/or other consequences that may arise from the use of any features provided by the Platform.

10. Indemnification

You agree to defend, indemnify, and hold harmless Go, its shareholders, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debts and expenses (including, but not limited to, attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right, including without limitation any safety rules, consumer protection, privacy, property, copyright, or confidentiality rights; or (iv) any claims in which your use of the Platform and/or your subsequent actions caused harm to a third party in the process of providing your services, goods, and products to end customers and users, or otherwise. This defense and indemnification obligation will continue to be binding upon termination of these Terms and your use of the Platform.

11. Legal Capacity

You confirm that you are either 18 years of age or the applicable age of legal capacity, or you are a legal representative of a business, its employee, agent, or affiliate, and that you are fully able and competent to enter into the rules, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to accept and comply with these Terms on your behalf and/or on behalf of the business you represent.

12. Assignment

These Terms and Conditions and any rights and licenses granted hereunder and under the applicable License Agreements may not be transferred or assigned by you, but may be assigned by Go to third parties without restriction.

13. Termination

We reserve the right to terminate or restrict access to your account or use of the Platform and/or Services or access to Content at any time, without notice or liability, if, in our sole discretion, we determine that you have violated these Terms and Conditions or an applicable License Agreement, have violated the law, engaged in inappropriate action or behavior, or for any other business reason. Go reserves the right to terminate your account or use of the Platform if such use places undue strain on our networks and servers. In the event of such termination, you will be provided with an export of your data stored on the Platform unless such export is prohibited by law, governmental authorities, or would cause harm to Go, its users, or third parties.

You may terminate your account for use of the Platform at any time with an explicit request for termination through our contact form. The termination request will take effect 30 days after submission, after which your use of the Platform will cease, and your access to the Platform will be closed. In the event of an ongoing subscription plan, payment for such a plan is due until the end of the subscription term, regardless of the termination date. During the term of your subscription plan, you may restore your account without losing payments for the subscription plan, only if you can categorically prove that the original account was indeed yours. Upon termination of your use of the Platform, you may export all your data and information stored on the Platform at no additional charge.

14. Governing law and jurisdiction

These Terms and Conditions and their performance, breach, interpretation, and termination are governed by the laws of the Republic of Bulgaria. All disputes arising out of or related to the current Terms and Conditions shall be referred to the Arbitration Court at the Bulgarian Chamber of commerce and industry, in accordance with the applicable rules of the Arbitration Court.

Last Amendment: September 2, 2024