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Terms of Use


PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (“TERMS”).

These Terms create a binding legal agreement between you and Fuel.AI, Inc. (“Fuel AI”) and govern your use of (i) the Fuel AI website (the “Site”); (ii) the Fuel AI mobile application (the “App”); and (iii) the content and functionality provided via the Site and App (such content and functionality, together with the Site and App, collectively, the “Services”). The “Services” will include any new features, services, tools, or other resources (“New Features”) that Fuel AI may, in Fuel AI’s sole discretion, make available to you from time to time; for the avoidance of doubt, these Terms will govern your use of any such New Features.

PLEASE CAREFULLY REVIEW THESE TERMS AND THE FUEL AI PRIVACY POLICY (THE “PRIVACY POLICY") BEFORE USING THE SERVICES. BY USING THE SERVICES (INCLUDING BY VISITING THE SITE, ACCESSING OR USING THE APP, OR MAKING ANY OTHER USE OF THE SERVICES), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE REVIEWED THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU OBJECT TO THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. PLEASE NOTE THAT SECTION 15 OF THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS FOR RESOLVING DISPUTES WITH FUEL AI.

The Services are offered and available only to users who are at least eighteen (18) years of age. By using the Services, you affirm, represent, and warrant that you (i) are at least eighteen (18) years of age, (ii) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms, and (iii) have not previously been terminated, removed, or suspended from the Services. If you are using the Services on behalf of a company, organization, or other entity, you further affirm, represent, and warrant that you have authority to bind that organization to these Terms, and you agree to be bound by these Terms on behalf of that organization. For the avoidance of doubt, if you are using the Services on behalf of a company, organization, or other entity, the terms “you” and “your” will include such company, organization, or other entity.

  1. Ownership.
    The Services are owned and operated by Fuel AI. You acknowledge and agree that Fuel AI and its licensors own all right, title, and interest in and to the Services, including: (i) all information, data, software, text, tools, analyses, displays and visual interfaces, graphics, images, video, and audio, and all other elements of the Services, and the design, selection, arrangement, and “look and feel” thereof; and (ii) all worldwide intellectual property and other legal rights (including, but not limited to, in any and all copyrights, patents, patent applications, trade secrets, trademarks and other intangible rights) therein. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without Fuel AI’s written consent. You will not earn or acquire any ownership rights in any copyrights, patents, trade secrets, trademarks or other intellectual property rights anywhere in the world on account of these Terms or any access to or use of the Services. You agree and understand that Fuel AI is not obligated to provide you with access to the Services. You agree that all content provided to you through the Services is owned by Fuel AI and/or other third parties and that you will have no ownership rights in such content.
  2. Posting or Performing Bounties.
    1. By creating an account to use the Services, you are signing up to complete tasks, projects or bounties for third-party Fuel AI clients (“AI Builders”) and perform support services related to such tasks, projects or bounties (collectively, the “Bounties”), or, if you are an AI Builder, you are signing up to post and make Bounties available on the Services.
    2. In order to post or perform certain Bounties, you may need to (i) download Fuel AI software, (ii) use AI Builders’ websites, mobile applications, platforms, or devices, or (iii) use other platforms to communicate about the Services or Bounties (collectively, “Bounty Systems”).
    3. You agree to perform the Bounties and deliver any other data, content, or materials you provide to Fuel AI or AI Builders accurately, promptly, consistent with any scope of work or other specifications provided by Fuel AI or the relevant AI Builders, and in full compliance with all applicable laws and regulations. You agree to (i) complete all Bounties by yourself to the best of your ability without seeking the assistance of other persons or technological automation such as bots, scripts, AI or any other tools, (ii) only work on Bounties for which you have fully read and understood the instructions and accompanying sample images, and (iii) complete Bounties in a diligent, timely, and honest manner. Fuel AI reserves the right, but has no obligation, to confirm the accuracy and compliance with these Terms of the Bounties and any associated deliverables.
    4. In connection with performing the Bounties, you must obtain a valid Subject Release in the form made available by Fuel AI (a copy of which you may request from FuelAI by contacting FuelAI directly at contact@gofuel.ai) from each data subject that is featured in any materials, data and content that you submit via the Services (“Submitted Content”) and submit such Subject Releases to Fuel AI.
    5. You are responsible for determining which Bounties you choose to perform and participate in, and when, where, and how you do so. The frequency of your use of the Services, Bounties performed, and (except as provided in Section 2(c) above) your method of completing specified Bounties remain at all times at your discretion. You are not required to use the Services or perform Bounties at any specified time or day.
    6. You are responsible for providing all necessary tools or equipment that you need to perform the Bounties. You are responsible for obtaining the data network access necessary to use the Bounty Systems. Your mobile network’s data and messaging rates and fees may apply if you access or use the Bounty Systems from your mobile device. Fuel AI does not guarantee that the Bounty Systems, or any portion thereof, will function on any particular hardware or devices. In addition, the Bounty Systems may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Fuel AI will not reimburse you for any expenses incurred in performing your selected Bounties.
    7. Following completion of the Bounties you have selected, subject to verification that such Bounties have been accurately and otherwise adequately completed, you will accrue earnings in your account in the amount specified by the AI Builder in the Bounty after receiving such amount from the AI Builder and deducting Fuel AI’s fees as described on the Service. If the balance in your account exceeds $30, Fuel AI will transmit payment to you of your full account balance at the end of the month. If the balance does not meet the $30 threshold, you will not be paid that month and your balance will be rolled over to the following month. Subject to applicable law, Fuel AI reserves the right to delay or suspend payment during any investigation into your compliance with these Terms. A violation of these Terms, in Fuel AI’s sole determination, may result in non-payment to you of some or all amounts accrued, as well as suspension or deactivation of your account. It is your responsibility to ensure that you have a payment method approved by Fuel AI to receive payments in US Dollars or the specified currency. You are responsible for any and all taxes that may apply to your receipt of such payments, and Fuel AI may deduct and withhold such taxes from its payments to you if Fuel AI determines that it is required to do so by applicable law.
  3. Referral Program.
    You may, subject to eligibility and other criteria, be issued points for volumes of data captured in accordance with these Terms and the Bounty Instructions, referring the Services to third parties that participate as active Bounty Hunters in the performance of a Bounty, and other activities as determined by Fuel AI in its sole discretion. Fuel AI reserves the right, at its sole discretion, to prohibit you from engaging in the referral program if Fuel AI deems or suspects that you have engaged in or has attempted to engage in any of the following: (i) acting in violation of these Terms; (ii) damaging, tampering with or corrupting the operation of the Services; or (iii) activity deemed in the sole discretion of Fuel AI to be generally inconsistent with the intended operation of the referral program. Fuel AI reserves the right to cancel or suspend the referral program in its sole discretion.
  4. Usage Rights and Restrictions.
    1. Subject to your compliance with these Terms, Fuel AI hereby grants to you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services in accordance with these Terms and solely in connection with posting or performing Bounties, as applicable (the “Permitted Purposes”). By downloading or using the Services, you acknowledge that: (i) the Services are not sold to you; and (ii) third-party terms and fees, such as those from a mobile carrier, may apply to the use and operation of any device in connection with your use of the Services, and that you are solely responsible for any such third-party terms and fees.
    2. Accounts registered by “bots” or other automated methods or means are not permitted. You may not maintain more than one account, and you may not sell or purchase accounts. You must provide your name, date of birth, location, a valid email address, and any other information requested by or on behalf of Fuel AI in connection with the account registration process. You agree to maintain accurate, complete, and up-to-date account information. You agree not to use a virtual private network or other technology to mislead Fuel AI about your location or identity.
    3. You may not use the Services for any purpose other than the Permitted Purposes nor may you transfer or otherwise permit any other person or entity to access the Services using your username and password, which you acknowledge and agree are personal to you and are non-transferable. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account (including the posting of any Submitted Content under your account). You agree to promptly notify Fuel AI of any unauthorized use of your username, password, or other account information, or of any other actual or reasonably suspected breach of security that you become aware of involving your account or the Services. Fuel AI will not be liable to you for any loss you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by Fuel AI or others due to any unauthorized use of your username, password or account.
    4. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, copy, create derivative works or adaptations of, resell, or otherwise exploit the Services or any content distributed thereon under any circumstances, except as expressly authorized by these Terms. You may not (i) circumvent or disable any content protection system or digital rights management technology used with the Services; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of any of the technology used to deliver, or that forms part of, the Services; (iii) remove, alter, or conceal any identification, copyright, trademark, or other proprietary notices in or accompanying any portion of the Services or products or services related to the foregoing; (iv) use the Services to develop, preview, submit, or update any apps that constitute or have functionalities substantively similar to those of crypto-mining projects, scrapers, spyware, or malware, or that otherwise violate the applicable terms and policies of app distribution services to which Customer deploys such apps; or (v) access or use the Services in an unlawful or unauthorized manner or in a manner that is harmful to, interferes with or violates the security or integrity of any use of the Services, or the network, systems, or facilities used to provide the Services. Any use of the Services not expressly authorized by these Terms is a breach of these Terms and may violate copyright, trademark, or other laws.
    5. You may not: (i) disclose the identity of AI Builders and other Fuel AI clients or Service users; (ii) share any information or data about Bounties, AI Builders or other Service users with any third-party, including, without limitation, Bounty instructions, links, images, videos, audio, screenshots, screen recordings, and other shared documents or websites; (iii) discuss Bounties outside of the approved project communication channels; (iv) maintain any records or logs related to the Services outside of Bounty Systems; or (v) send any content distributed on the Services to your personal email address or store or save such content on personal devices or non-Bounty Systems.
    6. From time to time, Fuel AI may make new or updated features available as part of the Services (“Beta Features”). You may choose to try such Beta Features or not in your sole discretion. Beta Features are intended for evaluation purposes and not for production use, may not be supported, and may be subject to additional terms. All restrictions, Fuel AI reservations of rights, and your obligations concerning the Services, as applicable, will apply equally to your use of Beta Features. Fuel AI may discontinue Beta Features at any time in Fuel AI’s sole discretion. THE BETA FEATURES ARE PROVIDED ON AS “AS-IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF ANY BETA FEATURE IS AT YOUR SOLE RISK.
    7. Certain components of the App have been distributed or otherwise released or made available as “open source software” (the “Open-Sourced Components”). The terms of the applicable open source license, and not the terms of these Terms, apply to your access to and use of the Open-Sourced Components. For the avoidance of doubt, nothing in these Terms will limit any rights that you may have with respect to the Open-Sourced Components under the applicable open source license.
  5. Modification; Termination.
    1. Fuel AI reserves the right to permanently or temporarily modify or remove the Services or any portion thereof (including without limitation by changing the user interface of or removing certain features from the Services) from time to time, in Fuel AI’s sole discretion, without notice to you. To the fullest extent permitted under applicable law, Fuel AI will not be liable for any modification or removal of the Services or any portion thereof.
    2. These Terms will become effective on the date of your first acceptance of these Terms and continue until the earliest of: (i) the date upon which Fuel AI, in its sole discretion, provides notice to you of termination of these Terms or your access to the Services is terminated (which may occur for any reason); or (ii) your violation or breach of any provisions of these Terms (the “Term”). You may also discontinue your use of the Services at any time, for any reason. Upon expiration or termination of these Terms, the rights granted to you under these Terms with respect to the Services will immediately terminate. However, Fuel AI’s license to your Feedback under Section 12, as well as the limitations on Fuel AI’s liability and the indemnification provisions under Section 14, and the terms pertaining to the dispute resolution process under Section 15, will survive any expiration or termination of these Terms.
    3. Upon termination of your access to the Services, or termination of these Terms with you, Fuel AI may at Fuel AI’s option delete any data associated with your account, including the deactivation and/or deletion of your account and any data or content (including Submitted Content) contained in your account. Without limiting the foregoing, Fuel AI may retain the any data that you provide to Fuel AI for such length of time as may be allowed by applicable law, and indefinitely in aggregated or de-identified form. In the event that Fuel AI suspends or terminates your account, Fuel AI will use reasonable efforts to provide you with a copy of data and content included in your account upon your request, Fuel AI suspended or terminated your account due to unlawful conduct or your failure to comply with any provision of these Terms.
  6. Fees and Payment; Refunds.
    1. You may be required to pay fees to Fuel AI in order to access and use certain functionalities, features, or resources, including plans and other bundles, of the Services (“Service Fees”). You are responsible for paying any applicable Service Fees listed on the Services at the time you use such functionality, feature, resource, plan, or bundle. All fees are non-refundable, to the fullest extent allowed under applicable law. Service Fees may be recurring. In connection with our on-demand options, Service Fees may be charged upon your access to and/or use of the on-demand functionality, feature, or resource. If such Service Fees are specified to be recurring on the Services or to be in connection with our on-demand options, you agree that Fuel AI may charge such Service Fees on a periodic basis or upon your access to the on-demand functionality, feature, or resource, as applicable, to the payment method you specify at the time of your initial purchase (your “Payment Method”).
    2. By using a Payment Method to pay Service Fees, you are expressly agreeing that Fuel AI is authorized to charge to the Payment Method the Service Fees and any other fees for additional services you may purchase, together with any applicable taxes. If the Payment Method is a credit card, you acknowledge that we may seek pre-authorization of your credit card account prior to your purchase to verify that the card is valid and has the necessary funds or credit to complete the purchase. You acknowledge and agree that any fees for the Services may increase at any time.
    3. Additional fees may apply for new features or additions to the Service that may be made available from time to time, in which case Fuel AI will provide you with notice in advance of charging the additional fees. In the event Fuel AI charges additional fees in connection with the Services, you will have an opportunity to review and accept the additional fees that you will be charged, prior to being charged. If you do not accept any such additional fees, Fuel AI may discontinue your access to the Services. You acknowledge and agree that Fuel AI may use third-party payment processors to process Service Fees on Fuel AI’s behalf, and that Fuel AI will not be held liable for any errors caused by such third-party payment processors.
    4. If you feel you have been charged any Service Fees in error, you may request a refund through your account or contact us. To request a refund, you may log in to your account and place your request through the Site. If you do not have an account, you may contact our Developer Success team directly at contact@gofuel.ai. Following your request, you will be asked to provide the reason for your request. We aim to respond to such requests within five (5) business days of our receipt of such requests. We note that if you file a dispute with your credit card company before contacting us, we are limited in what we can do to resolve any error. Credit card disputes are flagged to us by your financial services provider as potentially fraudulent so if a credit card dispute is initiated, your account may be suspended while we investigate, and we ask you to contact us if you wish to request that it be reinstated.
  7. Third-Party Services and Links.
    The Services may contain links to third-party content and integrations with third-party platforms, such as app distribution services. Fuel AI does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any loss or damage that may arise from your use of such third-party content and integrations. These links and integrations are provided only as a convenience, and Fuel AI does not make any representations or warranties with respect to third-party links and integrations. Use of any linked third-party content and integrations is at your own risk and subject to the terms of use for such third-party content and platforms.
  8. Submitted Content.
    1. You remain fully responsible for your Submitted Content. You agree not to provide Submitted Content that, and you affirm, represent, and warrant that the Submitted Content that you have provided:
      • does not infringe, misappropriate, or otherwise violate any intellectual property or other proprietary or legal rights (including rights of privacy or publicity) of any third party;
      • does not degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
      • is not unlawful, defamatory, libelous, inaccurate, deceiving, or that reasonably be considered objectionable, profane, obscene, sexually explicit, indecent, pornographic, harassing, abusive threatening, embarrassing, hateful, intended to intimidate or incite violence, or otherwise inappropriate;
      • does not promote any illegal activity, or advocate, promote, or assist in any unlawful act;
      • does not impersonate any person, or misrepresent your identity or affiliation with any person or organization;
      • does not give the impression that it comes from or is endorsed by Fuel AI or any other entity or third party, if that is not the case;
      • if applicable, is a true likeness of you, the subject or object and is not generated or enhanced by artificial intelligence or otherwise digitally altered (e.g., using filters, masks, color corrections, image combiners, or other digital editing tools),.
    2. Fuel AI shall be the exclusive owner of all rights, including copyright, in all Submitted Content. You hereby irrevocably transfer, assign, and otherwise convey to Fuel AI all right, title, and interest in and to the Submitted Content and all copyrights and other intellectual property rights in the Submitted Content arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against infringers. Without limiting the foregoing, you give further permission to Fuel AI to sell, license, reproduce, create derivative works of, distribute, publish, make promotional use of, and otherwise use and commercially exploit the Submitted Content for any purpose (including to train and improve artificial intelligence models and algorithms), in all forms of media now known or hereafter devised (specifically including, without limitation, television, film, print media, video, and Internet), worldwide and in perpetuity, in any manner deemed proper by Fuel AI. You acknowledge and agree that the Submitted Content may be combined with other images, text and graphics, cropped, or otherwise combined, altered or modified in Fuel AI’s sole discretion, and that Fuel AI has no liability to you for any editing, alteration, or use of the Submitted Content or for any results or consequences thereof. Any credit or other acknowledgment of you with respect to the foregoing, if any, shall be determined by Fuel AI in Fuel AI 's sole discretion. You acknowledge and agree that you have no further right to additional consideration of any kind or nature with respect to the Submitted Content, and that Fuel AI has no obligation to create or use the Submitted Content or to exercise any rights given by these Terms.
    3. To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, violation of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from Fuel AI’s exercise of their rights under this Section 8 or the production, exhibition, exploitation, advertising, promotion, or other use of the Submitted Content, and whether resulting in whole or in part from the negligence of Fuel AI or any other person, and you hereby covenant not to make or bring any such Claim against Fuel AI and forever release and discharge Fuel AI from all liability in connection with such Claims. You hereby expressly waive all rights and benefits under Section 1542 of the California Civil Code, and any similar statute, code, law or regulation of any other jurisdiction, to the fullest extent that applicable law permits you to waive such rights and benefits. You acknowledge that you have read and understand Section 1542 of the California Civil Code, which provides that “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
    4. AI Builders and other users may be able to access and view your Submitted Content on the Services, depending on your account settings. Once you post or share your Submitted Content with other users of the Services, you agree to permit such to access and use your Submitted Content, including viewing and forking your repositories, as long as that use is consistent with these Terms and the functionality of the Services.
    5. You understand and agree that we are not responsible for any Submitted Content. We are not obligated to publish or use your Submitted Content. We may monitor, review, edit, remove, delete, or disable access to your Submitted Content at any time, without prior notice, and in Fuel AI’s sole discretion, for any or no reason.
  9. Limitations on Use of the Services.
    You may not access or use, or attempt to access or use, the Services to take any action that could harm Fuel AI, its Providers, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
    • impersonate any person or entity or otherwise misrepresent your affiliation or the origin of any materials that form part of your Submitted Content, or falsify any information provided during registration of your account;
    • allow any other person to use the Service under your account, or otherwise transfer your access to the Services to any third party;
    • engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
    • use the Services as the basis for developing a competitive solution (or contract with a third party to do so);
    • take any action that imposes an unreasonable or disproportionately large load on Fuel AI’s network, infrastructure, or bandwidth, including, without limitation, abuse of or excessively frequent requests to Fuel AI via the Services, as determined in Fuel AI’s sole discretion;
    • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services, including uploading or disseminating any virus, adware, spyware, worm, or other malicious code, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
    • monitor data or traffic on the Services;
    • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
    • upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages;
    • transmit any worms or viruses or any code of a destructive nature;
    • use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, such as exposing them to inappropriate content, asking them for personal information, or otherwise;
    • distribute any unauthorized materials or advertise or promote goods or services through the Services without Fuel AI’s permission (including, without limitation, by sending spam or any other similar solicitation);
    • use the Services in a service bureau, outsourcing, renting, sublicensing, or time-sharing capacity, including to build or deploy apps for third parties, or otherwise rent, distribute, or resell the Services;
    • engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Fuel AI’s sole judgment, exposes Fuel AI or any of Fuel AI’s users, affiliates, or any other third party to any liability, damages, or detriment of any type, including causing damage to Fuel AI’s reputation; or
    • assist any person in doing any of the above.
    Violations of system or network security may result in civil or criminal liability. Fuel AI may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
  10. Monitoring and Enforcement.
    1. Fuel AI has the right to:
      • remove or refuse to post any Submitted Content for any or no reason in Fuel AI’s sole discretion;
      • take any action with respect to any Submitted Content that Fuel AI deems necessary or appropriate in Fuel AI’s sole discretion, including if Fuel AI believes that such Submitted Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Fuel AI;
      • disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their rights of privacy or publicity;
      • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
      • terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
    2. Without limiting the foregoing, Fuel AI has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Fuel AI to disclose the identity or other information of anyone posting any content on or through the Services.
    3. However, Fuel AI cannot review all Submitted Content as it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Fuel AI assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  11. Changes to Terms.
    Fuel AI may change any of the terms contained herein at any time, in Fuel AI’s sole discretion. Please check these Terms periodically so that you are aware of any changes. Fuel AI will notify you by email to the address provided in your user profile and/or by posting a notice on the Site of any changes to these Terms that materially modify your rights or obligations (“Material Modifications”). Any Material Modifications will be effective upon your acceptance of the modified terms, or upon your continued use of the Services after Fuel AI sends or posts a notice of the changes, whichever is earlier. Changes to these Terms that do not materially modify your rights or obligations will be effective immediately upon publication. However, any disputes arising under these Terms will be resolved pursuant to the version of these Terms in effect at the time the dispute arose.
  12. Feedback.
    You hereby grant to Fuel AI an irrevocable, royalty-free, perpetual license to use all feedback, ideas, or suggested improvements you provide to Fuel AI regarding the Services (the “Feedback”), as applicable, including in connection with Fuel AI’s development, manufacturing, and marketing of the Services or other products or services. You further agree that Fuel AI and Providers may use all or part of your Feedback or any derivative thereof in any manner or media without any remuneration, compensation, or credit to you, including to improve the Services and create other products and services.
  13. Communications with You.Fuel AI may communicate with you about the Services, including through one or more third-party email or survey services, via methods determined by Fuel AI, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive communications from Fuel AI that may: (a) solicit Feedback via email, surveys, bug reports, or other methods Fuel AI may determine; (b) collect additional information regarding issues you report in your Feedback; (c) notify you of changes to the Services or these Terms; and (d) tell you about future Fuel AI programs, products, or services. You agree that any such notices, disclosures, and other communications will satisfy Fuel AI’s applicable legal notification requirements. Fuel AI recommends that you keep a copy of any electronic communications that Fuel AI sends to you for your records.
  14. Disclaimer of Warranties, Limitation of Liability, and Indemnity.
    1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FUEL AI MAKES NO WARRANTIES OF ANY KIND, AND THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. FUEL AI DISCLAIMS ALL WARRANTIES AND LIABILITIES, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, REGARDING THE SECURITY, RELIABILITY, QUALITY, AVAILABILITY, ACCURACY, COMPLETENESS, COMPATIBILITY, OR UTILITY OF THE SERVICES AND PRIVACY OF YOUR DATA AND/OR INFORMATION. FUEL AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE COMPLETELY SECURE AGAINST HACKING OR OTHER UNAUTHORIZED INTRUSION, OR AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED IN TEXT, AUDIO, VIDEO, GRAPHICAL, OR OTHER FORM (THE “SERVICE CONTENT”). FUEL AI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY SERVICE PROVIDERS. FUEL AI IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAY MAKE IN RELIANCE ON THE SERVICES OR SERVICE CONTENT, OR FOR ANY DEFECTS OR ERRORS THAT MAY RESULT FROM YOUR PROVISION OF INCOMPLETE OR INACCURATE INFORMATION TO FUEL AI OR THE SERVICE, YOUR USE OF THE SERVICES WITH HARDWARE THAT DOES NOT MEET THE MINIMUM REQUIREMENTS SPECIFIED BY FUEL AI, OR YOUR USE OF ANY VERSION OF THE SERVICES OTHER THAN THE MOST RECENT GENERALLY AVAILABLE RELEASE OF ANY OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR THE LOSS OF DATA, THAT RESULTS FROM USE OF THE SERVICES.
    2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL FUEL AI OR ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS (INCLUDING THOSE WHO HELP ADMINISTER AND OPERATE THE SERVICES), AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “FUEL AI PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, SAVINGS, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR THE CLAIMS OF THIRD PARTIES, OR ANY COST OF ANY SUBSTITUTE SERVICES, ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE FUEL AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER WAIVE AND HOLD HARMLESS THE FUEL AI PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES AS REFERENCED IN SECTIONS 9 AND 10. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE FUEL AI PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) AND $100, EXCEPT TO THE EXTENT AN APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS.
    3. YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE FUEL AI PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES, YOUR FEEDBACK, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS, OR ANY RIGHTS OF PRIVACY OR PUBLICITY, CONFIDENTIALITY, OR OTHER PROPERTY OR PRIVACY RIGHT, AND ANY CLAIMS ARISING FROM OR ALLEGING FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU. FUEL AI RESERVES THE RIGHT TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN SUCH EVENT, YOU SHALL PROVIDE FUEL AI WITH SUCH COOPERATION AS FUEL AI REASONABLY REQUESTS.
  15. Arbitration and Class Action Waiver.
    PLEASE REVIEW THIS SECTION, AS THIS MAY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL APPLY TO THE FULL EXTENT PERMITTED BY LAW.
    1. Mandatory Arbitration of Disputes. You and Fuel AI each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section 15, and not in a class, representative or consolidated action or proceeding. You and Fuel AI agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that YOU AND FUEL AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 15 shall survive the termination of these Terms.
    2. Exceptions and Opt-out Option. The only exceptions to Section 15 are the following:
      • you or Fuel AI each may seek to resolve an individual Dispute in small claims court if it qualifies.
      • you or Fuel AI each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
      • you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to Section 15(j) below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
    3. Initial Dispute Resolution and Notification. You and Fuel AI agree that, prior to initiating an arbitration or other legal proceeding, you and Fuel AI will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Fuel AI, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Fuel AI at: 238 Charles Street, Sunnyvale, CA 94086. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”). Your Notice to Fuel AI must contain all of the following information: (i) your full name, address, and the email address associated with your Fuel AI account; (ii) a detailed description of the nature and basis of the Dispute; (iii) a description of the relief you want, including any money damages you request; and (iv) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Fuel AI to disclose information about you to your attorney. After receipt of your Notice, you and Fuel AI shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Fuel AI may initiate an arbitration or other legal proceeding. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
    4. Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org, by calling NAM at 1-800-358-2550. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section 15. If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Fuel AI agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in Section 16 of these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in Section 15(e) below are unenforceable, unconscionable, void, or voidable.
    5. Mass Filing Procedures. YOU AND FUEL AI AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Fuel AI’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of 25 or more claimants (including you) within a 60-day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these Terms. If a court determines that this Section 15(e) is not enforceable as to your claim, then your claim may only proceed individually in court consistent with these Terms.
      • Batching: You and Fuel AI agree that your and other individuals’ claims deemed by Fuel AI a Mass Filing may be filed with NAM in batches of no greater than 50 individuals’ claims at one time, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for you and other claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Fuel AI. After your claim is batched and permitted to be filed as a Demand, you and Fuel AI agree that selection and appointment of an arbitrator for your Demand shall be governed by the NAM Mass Filing Rules.
      • First (Bellwether) Batch: The first batch of up to 50 Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Fuel AI shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference.
      • Stay of Filing of Other Claims: If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Fuel AI in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
      • Mediation: After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Fuel AI agree to mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Fuel AI will pay the mediator’s fees. The Global Mediation shall be completed within 120 days of the selection of a mediator, unless extended by written agreement between you and Fuel AI.
      • Election To Proceed in Court: If Global Mediation is not successful in resolving your claim, and 100 or more claims included in the Mass Filing remain unresolved, you or Fuel AI may opt out of arbitration and elect to have your claim resolved in court consistent with Section 16 of these Terms. You or Fuel AI must exercise this election within 45 days of the completion of Global Mediation.
      • Sequential Arbitration of Remaining Batches: If neither you nor Fuel AI opt out of arbitration, another batch of no greater than 50 individuals’ claims will be selected from the Mass Filing, with 25 claims (or half of the total number of claims in a batch, if less than 50) selected by counsel for claimants and 25 claims (or half of the total number of claims in a batch, if less than 50) selected by Fuel AI. If your claim is included in this next batch of 50 claims, your claim will be filed with NAM, and you and Fuel AI shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within 120 days of the initial pre-hearing conference. The process of batching up to 50 individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
      • Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Fuel AI opts out of arbitration pursuant to Section 15(e) (“Election to Proceed in Court”).
    6. Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Fuel AI will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to Section 16. If Fuel AI prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Fuel AI reimbursement from you of Fuel AI’s arbitration filing fees and costs.
    7. Offer of Settlement. Fuel AI may, but is not obligated to, make a written offer to settle your claim at least 14 days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Fuel AI’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Fuel AI after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
    8. Class Action Waiver. YOU AND FUEL AI AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Fuel AI may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party.  Notwithstanding this provision or any other language in these Terms, you or Fuel AI may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FUEL AI WAIVE ANY RIGHT TO A JURY TRIAL.
    9. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 11 “Changes to Terms”, if Fuel AI changes any terms of this Section 15 after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 15 by sending us written notice, personally signed by you, by certified mail to the address set out in Section 15(c) of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “ Last Updated” date of the Terms you seek to reject or (2) the date of Fuel AI’s email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 15 of the last version of the Terms you had accepted.
    10. Severability. If any portion of this Section 15 is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section 15 and all other Terms shall continue to be enforceable and valid.
  16. Miscellaneous.
    1. Independent Contractors. You agree that you and Fuel AI are each independent contractors. These Terms will not be construed as creating between you and Fuel AI any partnership, joint venture, employment relationship, agency relationship or any other similar relationship.
    2. Supplemental Terms. When using the Services, you agree to comply with and are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms. To the extent that you are asked to review and accept any supplemental terms that expressly conflict with these Terms, the supplemental terms associated with the applicable portion of the Services govern with respect to your use of such portion of the Services to the extent of the conflict.
    3. Section Headers. Section headers are provided for convenience and do not affect the interpretation of any provision or the rights of any party.
    4. Entire Agreement; No Assignment. These Terms, the Privacy Policy, and any other terms expressly incorporated by reference herein form the entire agreement between you and Fuel AI regarding your use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fuel AI without restriction. These Terms operate to the fullest extent permissible by law.
    5. No Joint Venture, Partnership, Employment, or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fuel AI as a result of these Terms or your access to and use of the Services.
    6. Severability. If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
    7. Force Majeure. Fuel AI will be excused from performance under these Terms for any period when we were prevented from or delayed in performing any obligations under these Terms, in who or in part, due to circumstances beyond Fuel AI’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, telecommunications, network, computer, server or Internet downtime, unauthorized access to Fuel AI’s information technology systems by third parties, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
    8. No Waiver. Fuel AI’s failure to enforce any provisions of these Terms or respond to a violation by any party does not waive Fuel AI’s right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of Fuel AI’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Fuel AI with respect to such uses.
    9. Governing Law; Exclusive Jurisdiction. These Terms shall be governed by, and construed and interpreted in accordance with, the laws of the State of California (without giving effect to conflict of law principles). To the extent a lawsuit or court proceeding is permitted under these terms, you and Fuel AI agree that any dispute will be litigated in the state or federal courts located in the Northern District of California, and you and Fuel AI both submit to the personal and exclusive jurisdiction of those courts. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.
    10. Contact. For inquiries or questions regarding these Terms or the Services, please contact Fuel AI at the following link: contact@gofuel.ai. Support for the Services is available only in English.
    11. Export Controls. You agree that you will not use, export, re-export, or re-transfer the Services except as authorized by the laws and regulations of the United States and any other applicable jurisdiction. The Services may not be exported, re-exported, or re-transferred to (i) any jurisdiction subject to comprehensive economic sanctions or trade embargoes enforced or administered by the United States (currently, Cuba, Iran, North Korea, Syria, and the Crimea, Luhansk People’s Republic, and Donetsk People’s Republic regions of Ukraine) (collectively, “Sanctioned Jurisdictions”) or (ii) any person appearing on a restricted party list administered or enforced by the United States government, including, but not limited to, the United States Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons and the United States Department of Commerce’s Entity List or Denied Persons List (collectively, “Restricted Parties”). By using the Services, you represent and warrant that you are not located, organized or resident in or a blocked national of a Sanctioned Jurisdiction and that you are not a Restricted Party.