Last Updated: June 15, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FleetPanel ("Company," "we," "us," or "our") governing your access to and use of the FleetPanel website (fleetpanel.shop), mobile application, and fleet management services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the company you represent to use our Services. By using our Services, you represent and warrant that you meet these requirements.
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
FleetPanel provides fleet management solutions, including but not limited to fuel card management, expense tracking, digital payment processing, and related services for transportation companies.
We reserve the right to modify, suspend, or discontinue any aspect of our Services 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 Services.
We offer various subscription plans for our Services. The features and limitations of each plan are described on our website or in separate agreements with you.
You agree to pay all fees and charges associated with your account on a timely basis and according to the pricing terms in effect when the charges were incurred. You agree to provide us with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.
By providing a payment method, you authorize us to charge you on a recurring basis for your subscription plan. The subscription will continue until you cancel it or we terminate it.
All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Services.
Refunds are provided in accordance with our refund policy, which may be updated from time to time. Generally, no refunds are provided for partial months of service or for periods where the account was active but not used.
You agree to use our Services in compliance with all applicable laws, regulations, and third-party rights.
You agree not to:
All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of FleetPanel and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
If you provide us with any feedback, suggestions, or ideas regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.
Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.
Our Services may contain links to third-party websites or services that are not owned or controlled by FleetPanel. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEETPANEL AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER FLEETPANEL NOR ITS SUPPLIERS AND LICENSORS MAKES ANY WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED.
IN NO EVENT WILL FLEETPANEL, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. FLEETPANEL'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID BY YOU TO FLEETPANEL DURING THE SIX (6) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You agree to indemnify and hold harmless FleetPanel, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms.
These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New York County, New York.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and FleetPanel regarding our Services and supersede all prior agreements and understandings, whether written or oral.
If you have any questions about these Terms, please contact us at:
FleetPanel
1250 Broadway, Suite 3700
New York, NY 10001
United States
Email: legal@fleetpanel.shop
Phone: +1 (212) 555-8765