End-User License Agreement

This End-User License Agreement (the “Agreement”) is a legal agreement between you (“you” or “User”) and DriveX Solutions (“DriveX”, “we”, “us”, or “our”) governing your use of the fuelX web application, the drivexsolutions.com website, our mobile or desktop software, and our integration with Intuit QuickBooks Online (together, the “Application”).

By accessing or using the Application, clicking “I agree”, or connecting your QuickBooks account, you confirm that you have read and understood this Agreement, that you are at least 18 years old, and that you are authorized to bind the business on whose behalf you use the Application. If you do not agree, do not use the Application.

This Agreement does not replace your fuelX cardholder agreement, which governs credit terms, fees, and card use. If this Agreement conflicts with the cardholder agreement regarding the fuel card itself, the cardholder agreement controls.

1. License grant

Subject to this Agreement, DriveX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application for your internal business purposes in connection with your fuelX account. If we provide downloadable software, you may install and use it on devices you own or control.

2. License restrictions

You will not, and will not allow anyone else to:

• Copy, modify, translate, adapt, or create derivative works of the Application.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except where applicable law prohibits this restriction.
• Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Application available to any third party.
• Remove or alter any proprietary notices on the Application.
• Use the Application to build a competing product or service, or scrape, harvest, or extract pricing, discount, or location data for use outside the Application.
• Access the Application through automated means, interfere with its operation, bypass security measures, or introduce malicious code.
• Use the Application for any unlawful purpose or in violation of any applicable law or regulation.

3. Your account

You must provide accurate, current, and complete information when you register and keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account, including activity by drivers or employees to whom you give access. Notify us immediately at the contact details below if you believe your account has been compromised. We may suspend or disable accounts that we reasonably believe are being used in violation of this Agreement.

4. QuickBooks integration

The Application can connect to your QuickBooks Online company through Intuit’s developer platform. By connecting, you authorize DriveX to access, read, and write the QuickBooks data needed to provide the integration, such as creating bills, expenses, vendors, or payments that reflect your fuelX transactions and invoices, and reading account and vendor lists so records can be matched correctly.

You represent that you have the authority to connect the QuickBooks company you select and to allow the data exchange described above. You are responsible for reviewing synced records and for the accuracy of your books. DriveX is not an accounting or tax adviser, and the integration is provided as a convenience to help you record transactions. You may disconnect the integration at any time from your fuelX account or from the Intuit App Center.

Your use of QuickBooks Online is governed by Intuit’s terms of service and privacy statement. DriveX is not affiliated with Intuit, and Intuit is not responsible for the Application. Intuit may suspend or terminate the integration independently of DriveX.

5. Your data and privacy

You retain ownership of the business data you submit to the Application and the data in your QuickBooks company. You grant DriveX a non-exclusive, worldwide, royalty-free license to use, store, process, and display that data as necessary to provide and improve the Application and to comply with law. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into this Agreement.

6. Ownership and reservation of rights

The Application, including all software, text, graphics, logos, designs, data compilations, and the fuelX and DriveX names and marks, is owned by DriveX or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license in Section 1, nothing in this Agreement grants you any rights in the Application. All rights not expressly granted are reserved. Any feedback or suggestions you provide may be used by DriveX without obligation to you.

7. Third-party services

The Application may display content from, or link to, services operated by third parties, including fuel networks, truck stops, card issuers, payment processors, and Intuit. DriveX does not control these services and is not responsible for their availability, accuracy, or practices. Your use of third-party services is at your own risk and subject to their terms. Fuel prices, discounts, and location availability shown in the Application are provided by third parties and may change without notice.

8. Updates and changes

DriveX may update, modify, add, or remove features of the Application at any time, and may require you to install updates to keep using it. We may also change this Agreement. If we make material changes, we will post the revised Agreement on our website and update the effective date, and where appropriate notify you by email or within the Application. Your continued use after changes take effect means you accept the revised Agreement.

9. Term and termination

This Agreement begins when you first use the Application and continues until terminated. You may terminate it at any time by closing your fuelX account and ceasing use of the Application. DriveX may suspend or terminate your access at any time, with or without notice, if you breach this Agreement, if your fuelX account is closed, if required by law, or if we discontinue the Application. This Agreement terminates automatically if you violate any of its terms.

Upon termination, your license ends, you must stop using the Application, and we may delete your account data after a reasonable period, subject to our retention obligations. Sections 5 through 7 and 10 through 15 survive termination.

10. Disclaimer of warranties

THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DRIVEX AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT SYNCED ACCOUNTING RECORDS WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DRIVEX OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF DRIVEX FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES YOU PAID TO DRIVEX FOR USE OF THE APPLICATION IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. THESE LIMITATIONS DO NOT APPLY TO AMOUNTS OWED UNDER YOUR FUELX CARDHOLDER AGREEMENT OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold harmless DriveX and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Application, your data, your breach of this Agreement, or your violation of any law or the rights of a third party.

13. Governing law and disputes

This Agreement is governed by the laws of the State of Washington, without regard to its conflict of law rules. Any dispute arising out of or relating to this Agreement or the Application will be brought exclusively in the state or federal courts located in Clark County, Washington, and you consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property. Any claim must be brought within one year after it arises, or it is permanently barred.

14. Export and geographic restrictions

The Application is intended for use in the United States. You may not use or export the Application in violation of U.S. export laws, and you represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government restricted-party list.

15. General terms

This Agreement, together with the Privacy Policy and your fuelX cardholder agreement, is the entire agreement between you and DriveX regarding the Application and supersedes any prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest of the Agreement will remain in effect. DriveX’s failure to enforce any right is not a waiver of that right. You may not assign this Agreement without our written consent. DriveX may assign it to an affiliate or successor. If we provide the Application through an app store, the store operator is a third-party beneficiary of this Agreement and may enforce it against you.

16. Contact

Questions about this Agreement or the Application can be sent to: