1. Introduction to Fuelio

Fuelio is an Android application designed to help you track your fuel consumption, vehicle expenses, and mileage directly on your device. It is operated by Sygic a.s., with its registered seat at Twin City C, Mlynské Nivy 16, 821 09 Bratislava - mestská časť Ružinov, the Slovak Republic, registered in the Commercial Register of the District Court Bratislava I, section: Sa, File No. 4893/B, Identification No. 35 892 030 ("Sygic", "us", "we", or "our").

Sygic's contact details and other mandatory information that Sygic is obliged to disclose in accordance with applicable Slovak laws can be found on its website: sygic.com/company/contact.

This EULA sets out the conditions under which you are entitled to use the Software.

You may only download the Software from sales channels approved by Sygic. You will be able to choose the required Software and its price will always be notified to you in advance. Some of the terms and conditions in this EULA may not be applicable in particular cases, depending on the method through which you will download the Software.

2. Acceptance of Terms

By installing, accessing, or using the Fuelio App, you signify your acceptance of these Terms. If you do not agree to these Terms, you must not use or access the App. In case, you have already installed the Software you must uninstall it from your device and destroy all copies of the Software.

The Terms of Use are entered into by and between Sygic and you. If you are using the App on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

You are not allowed to use the App and accept this EULA if (i) you are not of legal age required to validly conclude this EULA, or (ii) you are a person barred from using the Software under the applicable laws.

This EULA is concluded once you have downloaded the Software.

3. License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Fuelio App for your personal, non-commercial purposes, subject to these Terms.

Personal Use Only

Licences to use Fuelio are restricted to usage solely for personal, non-commercial purposes.

Commercial usage that is not permitted under this licence includes (without limitation) all of the following:

• using the App for any commercial purpose, such as managing commercial fleets or providing services to third parties;
• reselling, transferring, or distributing the App to third parties in any form and for any purpose;
• using it in conjunction with any commercial vehicle tracking or management systems.

Sygic reserves the right to terminate this licence agreement and/or pursue other remedies available to it at law if its software is used for commercial purposes in breach of these licence terms.

Prohibited Actions

You may not copy, distribute, reverse engineer, create derived versions of the Software or derivative works based on the Software, analyse, decompile, disassemble a source code or seek to obtain a source code of the Software unless expressly permitted by the applicable law.

4. In-App Purchases and Subscriptions

The Fuelio App may offer in-app purchases for additional features, including subscriptions. These purchases and subscriptions are processed and managed by Google Play Store and are subject to Google's payment terms and conditions.

• Payment Processing: All payments for in-app purchases and subscriptions are handled by Google Play. We do not collect or store your payment information.
• Payment Completion: Once you pay the license fee through Google Play and Sygic is notified that the payment was successful, your license fee shall be deemed to be paid.
• Pricing and Availability: Prices for in-app purchases and subscriptions are displayed within the App and may vary. We reserve the right to change pricing and availability of in-app items at any time.
• Automatic Renewal: Subscriptions purchased through Google Play typically renew automatically unless cancelled. You are responsible for managing your subscriptions, including turning off auto-renewal, through your Google Play account settings.
• Cancellation: You can cancel your subscription at any time through your Google Play account settings. Cancellation will take effect at the end of the current billing period.
• Refunds: Any requests for refunds for in-app purchases or subscriptions must be made directly to Google Play, in accordance with their refund policies. We are unable to process refunds for purchases made through the Google Play Store.
• Virtual Items: If the in-app purchase involves virtual items or features, these are licensed to you, not sold, and remain our property. They have no monetary value and cannot be exchanged for real currency or other goods outside the App.
• Disputes: For any issues or disputes related to billing or payment processing for in-app purchases or subscriptions, please contact Google Play support. For issues related to the functionality or delivery of the purchased features within the App, please contact us via the "Contact Us" section.

5. User Responsibilities

You agree to use the App responsibly and in compliance with all applicable laws and regulations. Specifically:

6. Indemnity

You agree to indemnify, defend and hold Sygic, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App, including any use by your employees, your connection to the App, your violation of the Terms of Use, or your violation of any rights of another.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• No Guarantee of Bug-Free Operation: While we endeavor to provide a reliable application, we do not warrant that the App will be error-free or that its operation will be uninterrupted. Bugs, glitches, or other issues may occur.
• No Performance Guarantee: We do not guarantee that the App will meet your specific requirements or expectations regarding performance, speed, or the quality of its output, as these are heavily reliant on user input.
• Data Storage: The App primarily stores data locally on your device. While we aim for data integrity, we are not responsible for any data loss or corruption that may occur on your device due to the App's use, device failure, or any other reason. It is your responsibility to back up your data.
• Fuel Price Accuracy: Fuel prices are provided by users and third-party sources (or in some countries official government providers). Prices may not reflect current station rates. We are not responsible for price accuracy or availability.
• Station Logos: Station logos are displayed for informational purposes only. We do not claim ownership of these logos, and their display does not imply endorsement by or affiliation with the respective brands.
• Reporting Inaccuracies: We provide functionality within the App to report wrong station information or other incorrect data. While we appreciate user contributions to improve data quality, we do not guarantee immediate correction or verification of reported inaccuracies.
• Non-Performance Beyond Control: Sygic shall bear no responsibility for any non-performance of the Software which is out of its reasonable control such as insufficient GPS signal or lack of internet connectivity.
• Older Software Versions: You acknowledge that due to constant improvement of its software products, Sygic may decide to cease to provide technical support with respect to particular Software version; it may result in the particular version being no more interoperable with other software in your device. In such case Sygic shall inform you in advance and allow you to upgrade the Software. If you decide not to upgrade the Software to a newer version, Sygic shall bear no responsibility whatsoever for the interoperability, defects and malfunctions of the software (including Software) in your device.
• Accuracy of Tools and Utilities: Sygic does not make any assurances with regard to the accuracy of the results or output that derives from the use of any tools and utilities within the App. You shall respect the intellectual property rights of others when using the tools and utilities made available in Fuelio.

8. Limitation of Liability

Sygic shall only be liable for damage in case there is a causal connection between the damage and the Software.

To the fullest extent permitted by applicable law, in no event shall Sygic, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9.1 Technical Support

Sygic shall provide technical support. Any requirements for technical support may be delivered to Sygic via [email protected].

• A requirement for technical support shall be sufficiently detailed, in order to enable the technical support staff to solve reported problem.
• You may be refused to be provided the technical support if you fail to provide necessary cooperation.
• Sygic shall not be obliged to provide any support and shall not be responsible for any defect if reported problem results from (i) any unauthorized interference with the Software, (ii) incorrect settings of the Software, or (iii) any use of the Software which is in conflict with this EULA (including Software Specifications) or Product description.
• You agree that any technical information you provide as a part of any request for technical support or complaint will be used for Software support and development by Sygic internally.

9.2 Complaints and Defect Removal

If you believe that the Software has a defect, and for any reason, it is impossible to submit a request for technical support via [email protected] or if you are dissatisfied with the provided technical support, you can send a complaint to [email protected].

• Sygic shall be obliged to send you a confirmation of the complaint delivery without undue delay.
• Sygic shall inform you how the matter will be handled without undue delay; if the case is more complex, you shall be informed within 3 business days and in well-grounded cases, in particular if a complex technical assessment is necessary, within 30 days after the complaint has been delivered to Sygic.
• The complaint shall be handled within 30 days after delivery to Sygic and at the same time, Sygic shall be obliged to provide you with a confirmation of complaint handling.
• If the Software has a defect or a defective technical support is provided, you have the right to a free, timely and due removal of the defect. The defect shall be removed by Sygic without undue delay. Sygic is however entitled to replace the Software with a faultless one.
• If the Software has a defect which cannot be removed and prevents a proper use of the Software, you have the right (i) to an exchange of the Software or (ii) to terminate this EULA and receive a refund of paid license fee. The termination notice must in this case be delivered to the e-mail address specified under the point 9.2 above.
• You have the same rights as those described in the point above if the defects of the Software can be removed but you cannot use the Software properly due to a repeated occurrence of the defect after the repair or due to a larger number of defects.
• If you have a domicile or habitual residence in any country of the European Economic Area and you are not satisfied with the way Sygic has handled your claim or if you believe that Sygic has violated your rights, you may contact Sygic and ask for a remedy. If Sygic rejects your request for correction or fails to reply to such a request within 30 days from the date of submission, you have the right to file a petition for starting an alternative resolution of the dispute. The relevant entity for an alternative resolution of a dispute is the Slovak Trade Inspection (www.soi.sk) or other relevant legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (mhsr.sk/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov/146987s). At the same time, you can use the online dispute resolution platform available at ec.europa.eu/consumers/odr to submit a proposal for alternative dispute resolution.