Terms of Service | Superfuel

Superfuel Terms of Service

Last updated: January 2024

ACCEPTANCE OF TERMS AND CONDITIONS THROUGH USE

By using this site or by clicking "I agree" to this Agreement (“Agreement”) to the Terms and Conditions applicable to the use of this website provided and/or hosted by Unimango Technologies Inc, a Delaware limited liability company (“Superfuel” or “Service Provider”), you signify your agreement to these terms and conditions. If you do not agree to this Agreement in full, do not use this site and do not click "I agree".

YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This Agreement must be completed, understood, and agreed to by a person over 18 who is legally able to enter into a contract. If you are: (a) not yet 18; (b) not legally able to enter into a contract, or (c) accessing this site from any country where material on this site is prohibited or illegal, please leave this site now as you do not have permission to access this site or to use the Superfuel’s Services (as defined below) in any way.

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVED DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX, INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR PLATFORM THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN.

1. The Services

This Agreement sets forth the terms and conditions under which Superfuel agrees to allow your use of certain hosted software and provide all other services reasonably necessary for the productive use of such software for the extraction and analysis by Superfuel of data and the provision of Recommendations related thereto. The Agreement shall remain in effect unless terminated as provided for herein.

1.1 Authorized Users; Authorized Uses

Superfuel grants you a renewable, nonexclusive, and worldwide right for any of your employees, contractor, agent, or any other individual or entity authorized by you, including but not limited to advertising agencies working on your behalf.

1.2 Control of Services; Offensive Content

The method and means of providing the Services shall be under the exclusive control, management, and supervision of Superfuel, giving due consideration to your requests.

1.2.1 Offensive Content

You agree not to provide Data, either directly or through Amazon, that is unreasonably offensive or otherwise inappropriate. Where your Data contains offensive content, Superfuel may immediately remove the offensive content and may terminate this Agreement immediately by written notice to you.

2. Performance

2.1 Provision of Services

For the term hereof, Superfuel shall provide the Services, force Majeure events excepted, in accordance with its standard policies and procedures in place from time to time.

3. Data

3.1 Ownership

Data (which shall also be known and treated by Superfuel as Confidential Information) shall include Data collected, used, processed, stored, or generated as the result of the use of the Services. Data is and shall remain your sole and exclusive property and all right, title, and interest in the same is reserved by you, subject to Superfuel’s license to such Data as described herein. This Section shall survive the termination of this Agreement.

3.2 Superfuel Use of Data

Superfuel is provided a limited license to Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display Data only to the extent necessary in providing the Services.

4. Data Privacy and Information Security

4.1 Undertaking by Superfuel

Without limiting Superfuel’s obligation of confidentiality as further described herein, Superfuel shall be responsible for establishing and maintaining a commercially reasonable data privacy and information security program.

5. Non-Disclosure of Confidential Information

The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is confidential. The provisions of this Section shall survive the termination of this Agreement.

6. Free Trial

If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge. You will have an option to convert the free trial to a paid services subscription any time before the end of the trial period.

7. Beta Services

Superfuel may offer certain Services as closed or open beta services for testing and evaluation. You agree that Superfuel has the sole authority and discretion to determine the period for testing and evaluation of Beta Services.

8. Fees: Payments and Billing

In consideration for Superfuel providing the Services, you shall pay to Superfuel all the applicable subscription fees and other charges. Fees will commence when you click to accept this Agreement. At the beginning of each month during the Term, Superfuel will automatically bill your credit card for your use of the Services.

9. Maintenance; Amazon’s Services

Superfuel shall have no obligation to provide maintenance for any decrease in the functionality of the Services caused by any action or inaction of Amazon.

10. Recommendations

Superfuel shall provide certain Recommendations to you based upon its extraction and analysis of the Data. You specifically agree that: (a) you will not rely in any way on any Recommendations; and (b) you will make your own, independent evaluation of any Recommendations.

11. Limitation of Liability for Recommendations

Superfuel shall have no liability or obligation to you whatsoever, under any circumstances or in any amount, with respect to any Recommendation made by Superfuel.

12. Term and Termination

This Agreement shall continue until terminated as provided for herein.

13. Amazon Marketing Cloud (AMC)

For all AMC usage from within the Superfuel platform, you will need to agree to the terms from Amazon.

14. International Users

The Services are controlled, operated and administered by us from within the United States. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations.

15. Artificial Intelligence

You acknowledge that the Superfuel Services make use of Artificial Intelligence. You understand that the AI outputs may be inaccurate or incomplete at times.

16. Proprietary Rights

You acknowledge that, while performing the Services, Superfuel may use software and related processes that remain the sole and exclusive property of Superfuel.

17. Representations and Warranties

Each of You and Superfuel represents and warrants that:

18. Disclaimer of Warranties

The Services are provided on an as-is-and-as-available basis. Superfuel expressly disclaims all warranties of any kind, whether express or implied.

19. Indemnification; Limitation of Liability; Insurance

Superfuel agrees to indemnify, defend, and hold harmless you from and against any and all liabilities arising from any Claim during the performance of this Agreement.

20. Copyright Infringement/DMCA Notice

If you believe that any content on our website violates your copyright, you must provide a written notification to our designated Copyright Agent.

21. General

Superfuel represents and warrants that it is an independent contractor with no authority to bind or commit you to any agreement.

22. Mobile Apps

Superfuel built the Superfuel app as a Free app. This SERVICE is provided by Superfuel at no cost and is intended for use as is.

23. Dispute Resolution and Arbitration

You and Superfuel agree to arbitrate Disputes through binding arbitration. You and Superfuel hereby waive your rights to a jury trial.

24. Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information.

25. Log Data

Whenever you use our Service, in case of any error in the app we collect data on your phone called Log Data.

26. Cookies

Cookies are files with a small amount of data that are commonly used as unique anonymous identifiers. This Service does not use these “cookies” explicitly.

27. Service Providers

We may employ third-party companies and individuals to facilitate our Service.

28. Security

We value your trust in providing us with your Personal Information; thus, we are striving to use commercially acceptable means of protecting it.

29. Links to Other Sites

This Service may contain links to other sites. We have no control over and assume no responsibility for the content of external sites.

30. Changes to this Terms & Conditions

We may update this Terms of Service from time to time. You are advised to review the respective pages periodically for any changes.

31. Contact Us

If you have any questions or suggestions about our terms & policies, do not hesitate to contact us at privacy [at] superfuel.io.