These Terms of Use govern your use of Fuel, our website located at https://fuelcalories.app, and any related services provided by Ciarlo Software, LLC.
When you use Fuel, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from further using the app, accessing our website, or using any other services provided by Ciarlo Software, LLC.
If you access or download Fuel from Apple App Store you agree to any Usage Rules set forth in the App Store Terms of Use.
These Terms of Use were last updated on 29 September 2021.
By using Fuel and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Use, and your users that you will not:
The intellectual property in the materials in Fuel and on our website are owned by or licensed to Ciarlo Software, LLC. You may download Fuel, to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Use, and may be terminated by Ciarlo Software, LLC at any time.
Fuel and the materials in Fuel and on our website are provided on an 'as is' basis. To the extent permitted by law, Ciarlo Software, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Ciarlo Software, LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Fuel, our website, or any other services provided by Ciarlo Software, LLC or the materials in Fuel, even if Ciarlo Software, LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
To the extent permitted by law, Ciarlo Software, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Fuel or on our website, or otherwise relating to such materials or on any resources linked to Fuel and our website.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to us with respect to the service shall remain the sole and exclusive property of Ciarlo Software, LLC. We, Ciarlo Software, LLC, shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you. We shall have no obligations with respect to such Suggestions and may use them for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services.
Ciarlo Software, LLC has not reviewed all of the sites linked to Fuel or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Ciarlo Software, LLC of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
To the extent that you are using or accessing Fuel on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Use are between you and Ciarlo Software, LLC only, not with Apple Inc. (Apple), and Apple is not responsible for Fuel and any materials available in Fuel.
Apple has no obligation to furnish you with any maintenance and support services with respect to Fuel.
If Fuel fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Fuel and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Fuel or your use of Fuel, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Fuel, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary of these Terms of Use.
We may suspend or terminate your right to use Fuel and these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.
These Terms of Use, together with the Privacy Policy and any other legal notices published by Ciarlo Software, LLC, shall constitute the entire agreement between you and us concerning Fuel.
Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.
These Terms of Use are governed by and construed in accordance with the laws of New York. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Ciarlo Software, LLC under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.
Ciarlo Software, LLC customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on 29 September 2021.
We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
We prohibit the impersonation of Ciarlo Software, LLC, the representation of a significant business relationship with Ciarlo Software, LLC, or ownership of any Ciarlo Software, LLC property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of: