LAST MODIFIED: May 25, 2022
Welcome to FuelStar!
Thanks for your interest in the FuelStar™ application (including any software and content contained or services provided therein, the“APP”). Our mission is to help people save on gas by learning to drive efficiently and we hope you join us in our goal! Before you begin your journey with FuelStar by accessing our APP, please carefully read and understand the following Terms. The Terms are important because they:
Outline your legal rights regarding the APP;
Explain the rights you give to us when you use the APP;
Limit our liability; and
Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration
The APP is provided by Cambridge Mobile Telematics (together with its affiliates, subsidiaries, licensors and service providers, “CMT”,"our", "we" or "us"), located at 314 Main Street, Suite 1200, Cambridge, MA 02142, United States.
This APP aids in predicting fuel efficiency, but there is no guarantee of any fuel efficiency results, as there are many variables beyond the scope of this APP that can materially affect fuel efficiency of any vehicle.
Our Use and Storage of your Personal Information
Usage of the APP is subject to our Privacy Policies. You acknowledge receipt of our Privacy Policies. You agree to receive any updates to our Privacy Policies by accessing the APP. By using the APP, you agree that we may use and share your personal information in accordance with the terms of the Privacy Policies. FuelStar does not sell your data to 3rd parties.
If you are using the App from outside of the United States, please be aware that your information, including any data constituting “personal data” under the laws of the European Union, for example, to which we may be given access, may be transferred to, stored, or processed in the United States. The data protection and other laws of the United States and other countries may not be as comprehensive as those in your country. By using the App, you understand that your personal data information may be transferred to our facilities and to those third parties with whom we share such information as specified in the Privacy Policies.
Our Use and Storage of Information Which is Not Personal Information
Subject to the foregoing and any applicable laws and regulation, you hereby authorize and consent to the collection, storage, sharing, processing, modification, distribution and use by us and our affiliates, partners and agents of the Program Data. Except as required by law, the Program Data will be treated as being non-confidential and non-proprietary, and we assume no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Program Data to others without restriction.
If you submit feedback or suggestions about the APP, we may use your feedback or suggestions without obligation to you.
Registration and System Settings
You may be required to provide information about yourself (such as identification or contact details) as part of the registration process or as part of your continued access to and use of the APP. You agree to use the APP only for those purposes that are permitted by (i) these Terms and the Privacy Policies, and (ii) by applicable law and regulation in the relevant jurisdictions. You agree to: (a) provide true, accurate, current and complete information about yourself when registering or as prompted by the APP (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, we have the right to suspend or terminate your account or access to the APP and refuse any and all current or future use of the APP (or any portion thereof).
You also understand and agree that the APP may include certain communications from us (e.g., service announcements, administrative messages and other information and alerts) as well as communications related to gas savings. You may disable communications between you and the APP through the settings page in the APP or through the setting in your mobile device.
1. You represent that you are of legal age to form a binding contract and hold a valid driver’s license, and are not a person barred from receiving the APP under the laws of the United States or other applicable jurisdiction. If you are under 18, you may only use the APP under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Anyone under 14 is strictly prohibited from creating an account for the Service. In addition, anyone under 14 may only accept invitations from parents / legal guardians to join their account. The APP may not be available to any users previously removed from the APP by us.
2. You agree not to interfere with or disrupt the operation of the APP.
3. You agree not to make the APP available over a network or other environments permitting access or use by multiple mobile devices at a time.
4. You agree not to give your login or account information to any third party or otherwise transfer or assign your account information to a third party.
5. You agree not to collect or harvest any personally identifiable information, including account names, from the APP.
6. You agree and acknowledge that you are authorized to use the APP only for personal, non-commercial use.
To be a registered user of the APP, you must establish an account with us (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. We shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree that we may store and use your Registration Data for use in maintaining your Account and providing the APP and related services.
Safe and Lawful Use of the APP
Please do not use the APP while you are driving unless you can do it safely. The APP does not require any interaction from you while driving to function, but, if enabled, the app can sound real time audio alerts while you are driving (only use this feature if you can use it safely).
When using the APP, you must: (i) never utilize the APP in any manner that will distract from and/or interfere with your driving; (ii) observe all applicable laws, including traffic and safety laws and otherwise drive safely; (iii) not use the APP for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with these Terms; and (iv) arrange all wireless devices and cables necessary for use of the APP in a secure manner in your vehicle so that they will not interfere with and/or distract from your driving and will not prevent the operation of any safety device (including without limitation an airbag).
Allocation of Risk and Disclaimer of Warranty
The features of the APP require the corresponding mobile software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. We and our vendors will have no liability where the APP is hindered from operating.
Use of the APP or its features that require the use of mobile software may use a significant amount of power from the battery of any device that the mobile software is installed on. You may wish to limit your use of these or other services on your device to the times when they are necessary (e.g., you may want to turn off certain APP features when you are not driving, or you may want to turn off other applications and services when you are driving), or where possible, you might wish to keep your phone plugged into a power source. The APP will not work in ‘low power mode’ or the like, as important sensors are usually disabled by the device in that mode.
While the APP is running, the APP will have access to and collect information about your phone and driving activity that can be detected by the phone, including your location, the use and movement of the phone, the speed of your motor vehicle (including acceleration and braking behaviors), etc. (All such information will be Program Data as defined above).
The APP may collect this Program Data for any motor vehicle that you are in, even if you are not the driver. If you do not have permission from the driver to collect this Program Data, please be sure to log out of the APP (which will prevent it from functioning). By using the App in a motor vehicle, you represent and warrant that you are the driver and have consented, or that you have obtained consent from the driver, to use the App and to allow them to access and collect such Program Data.
Allocation of Risk
THE APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND WIRELESS COMMUNICATIONS THAT WE CANNOT CONTROL AND THAT MAY PREVENT US FROM PROVIDING SERVICE TO YOU AT ANY PARTICULAR TIME OR PLACE OR THAT MAY IMPAIR THE QUALITY OF THE APP, INCLUDING, WITHOUT LIMITATION, HILLS, TALL BUILDINGS, TUNNELS, WEATHER, WIRELESS, OR OTHER PHONE NETWORK CONGESTION OR JAMMING. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
D. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. WE AND OUR AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APP AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APP MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION OR LOSS OF DATA AND/OR INFORMATION FROM YOUR DEVICE AND FROM PERIPHERALS (INCLUDING, WITHOUT LIMITATION, SERVERS AND OTHER COMPUTERS) CONNECTED THERETO. YOU SHOULD BACK UP ALL DATA AND INFORMATION ON YOUR DEVICE AND ANY PERIPHERALS PRIOR TO USING THE APP.
Some jurisdictions do not allow for the disclaimer of certain warranties, so the disclaimers in this section may not apply to you. In the event that any disclaimer or limitation of liability in these Terms are found to be void by local law, you agree that the remainder of these Terms remain valid and the invalidated term will be construed to the maximum allowable extent to limit our liability and warranties in compliance with applicable local law.
If you have acquired the APP from Apple, Inc. (“Apple”), the following additional warranty terms may apply:
You are advised that Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by herein.
In the event of any failure of the APP to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the APP to you.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the APP.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF OR INABILITY TO ACCESS AND/OR USE THE APP AND ANY THIRD PARTY CONTENT AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY EXPRESS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CMT’S TOTAL LIABILITY ARISING UNDER OR RELATED TO THESE TERMS DOES NOT EXCEED $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING SHALL NOT LIMIT OUR LIABILITY FOR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
Indemnification and Waiver
YOU SHALL, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, CONTRACTORS AND LICENSORS, AND EACH OF THE IRRESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY THIRD PARTY CLAIM, PROCEEDING, AND THE ASSOCIATED LOSS, DAMAGE, FINE, PENALTY, INTEREST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, FEES FOR ATTORNEYS AND OTHER PROFESSIONAL ADVISORS) ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (I) YOUR ACCESS TO OR USE OF THE APP OR SERVICES OFFERED THEREWITH OR THIRD PARTY CONTENT AND SERVICES; (II) YOUR BREACH OF THESE TERMS; (III)YOUR VIOLATION OF LAW; (IV) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (V) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT OR TRADE SECRET OF ANY PERSON OR ENTITY. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE TERMS.
You agree that the APP, including but not limited to graphics, user interface, editorial content, and the scripts and software used to implement the APP, contains proprietary information and material that is owned by us and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the APP in compliance with these Terms. Using our APP does not give you ownership of any intellectual property rights in our APP or the content you access. These Terms do not grant you the right to use any branding or logos used with our APP. Do not remove, obscure, or alter any legal notices displayed in or along with our APP. Your use of the APP is conditioned upon you agreeing not to (and not allowing any third party to): (i) copy, modify, distribute, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the APP; (ii) rent, lease, loan, sell, assign, permit the assumption of, sublicense, grant a security interest in, or otherwise transfer any right in or access to the APP or any content, software or services available therein; or (iii) violate these Terms and the Privacy Policies.
No portion of the APP may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to exploit the APP in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of these Terms, we and our licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of the APP at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use of or access to certain features or portions of the APP, in any case and without notice or liability.
THE USE OF THE APP OR ANY PART OF THE APP, EXCEPT FOR USE OF THE APP AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS ARE HEREBY RESERVED.
CMT, the CMT logo, FuelStar and other CMT trademarks, service marks, graphics, and logos used in connection with the APP are trademarks or registered trademarks of CMT, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the APP may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforementioned trademarks and any use of such trademarks.
A. Termination by You
You may terminate these Terms at any time for any reason. In order to terminate, you must remove or uninstall the APP from your mobile device.
B. Termination by CMT
We may block or suspend your access to the APP or terminate these Terms and the rights afforded to you hereunder with or without prior notice, at any time, if you fail to comply with the terms and conditions of these Terms or for any reason whatsoever. We reserve the right to modify, suspend, or discontinue the APP (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. Upon termination of these Terms, you shall cease all use of the APP and uninstall any residual components of the APP.
Other Fees and Costs
The APP requires an internet or data connection and any charges or fees associated with any such connection are solely your responsibility, as set forth in the agreement between you and your internet or data connection service provider.
These Terms shall be deemed to take place in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles. Subject to the section below on Arbitration, any disputes arising from these Terms shall be adjudicated in the courts of the city of Boston, MA. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§1-16).
Contact Information and Notification
Please direct any questions, complaints or claims related to these Terms or your use of the APP to email@example.com or by mail to:
Cambridge Mobile Telematics
314 Main Street, Suite 1200
Cambridge, MA 02142, United States.
We may notify you with respect to the APP by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the APP. Notices shall become effective immediately.
If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted bylaw.
Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
You may not use or otherwise export or re-export the APP except as authorized by United States law and the laws of the jurisdiction(s) in which the APP was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Modification or Amendment
We may modify or amend these Terms at any time upon notice to you through the APP or through other means. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the APP following the date in which we provided such notice.
The provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination. Without limiting the generality of the foregoing, the disclaimers of warranty, indemnity and limitations of liability shall survive any termination or expiration of this Agreement.
Apple Minimum Terms
These Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the APP and the content thereof. Nothing in these Terms shall be deemed to waive or modify the usage rules for Licensed Applications that are in the Apple App Store Terms of Service.
The license granted to you for the APP is limited to a non-transferable license to use the APP on any Apple-branded Products that the you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such APP may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
As between Apple and us, we are solely responsible for providing any maintenance and support services with respect to APP or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
You and we acknowledge that we, not Apple, are responsible for addressing any of your claims or any third party relating to the APP or your possession and/or use of the APP, including, but not limited to: (i) product liability claims; (ii) any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the APP’s use of the HealthKit and HomeKit frameworks, if applicable.
You and we acknowledge that, in the event of any third party claim that the APP or your possession and use of the APP infringes that third party’s intellectual property rights, Apple will have no liability for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Google Minimum Terms
These Terms are between you and us only, and not with Google. We, not Google, are solely responsible for the APP and the content thereof. Nothing in these Terms shall be deemed to waive or modify the usage rules for Licensed Applications that are in the Google Play Store Terms of Service.
The license granted to you for the APP is limited to a non-transferable license to use the APP on any Google-branded Products that the you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such APP may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
As between Google and us, we are solely responsible for providing any maintenance and support services with respect to APP or as required under applicable law. You and we acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the APP.
You and we acknowledge that we, not Google, are responsible for addressing any of your claims or any third party relating to the APP or your possession and/or use of the APP, including, but not limited to: (i) product liability claims; (ii) any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, if applicable.
You and we acknowledge that, in the event of any third party claim that the APP or your possession and use of the APP infringes that third party’s intellectual property rights, Google will have no liability for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiaries
Nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person; provided, however that you and we acknowledge and agree that Apple, and Apple’s subsidiaries, and/or Google, and Google's subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
These Terms, including the documents incorporated herein by reference, constitute the entire agreement with respect to the use of the APP licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
Reservation of Rights
We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the APP and/or a third-party claim that your use of the APP is unlawful and/or infringes such third party’s rights).
Copyright 2022 Cambridge Mobile Telematics. All rights reserved.