Terms and Conditions

Notice: Please read the following document carefully. These conditions below (hereinafter, the "General Terms of Use" or "Terms of Use" or "Website Terms of Use"), should be read in conjunction with the Privacy Policy. Use of the Platform, browsing the Website or the App implies acceptance by the user of these General Terms of Use. Please note that when you contract the Services through the Platform, you must also accept the Particular Conditions of the Services and Conditions of the Payment Service Provider.

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uell may from time to time modify these General Terms of Use, which shall be binding as soon as the User accesses the Platform, once the changes are published on the Platform or as soon as they are notified to the User through the appropriate notification mechanism. Each implementation of changes to these General Conditions of Use shall be considered a new version of the same.The Platform is in a closed testing phase, so it will only be available to a limited number of Companies selected by Fuell, with interest in participating in this phase.

Definitions
Object
Identification
Password
Prohibitions of Use
Intellectual and Industrial Property
Responsibility and Warranties
Contact and Complaints
Customer Service
Third Party Links
Data Protection and Privacy
Duration
Miscellaneous
Faith and Applicable Law

1. DEFINITIONS

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"App" means: The Fuell mobile application.

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"Client" or "Company" means: a company that has contracted the Services related to the Fuell Card for its Employees and has accepted the present General Conditions of Use, the Particular Conditions of the Services, the Conditions of the Payment Service Provider as well as the Privacy Policy.

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"Terms of Use" means: these General Terms of Use of the Platform.

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"Particular Conditions of the Services" means: The particular conditions of the Services that will be applicable to the Company and the Employee. You can consult them by clicking here.

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"Payment Service Provider Terms and Conditions" means: The particular terms and conditions of the payment service provider for the Company and the Employee. You can consult them by clicking here.

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"E-money Account" means: The e-money account assigned to the Customer to which the Fuell Cards will be associated.

"Employee" means: Any employee of the Company who has been registered and who has completed the necessary data and accepted the present Terms of Use, the Particular Conditions of the Services, the Payment Service Provider Conditions and the Privacy Policy.

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"Fuell" means: The company FUELL TECHNOLOGIES, S.L. company incorporated in Madrid with registered office at Calle Alcalá 155, Esc Drcha 3ºi (Madrid - 28009) and NIF B-88549076, owner of the Platform.

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"PIN" means: Personal Identification Number assigned to each Fuell Card holder.

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"Platform" means: The App and the Web through which the technological solution that Fuell makes available to Users is accessed.

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"Privacy Policy" means:The provisions of our privacy policy, which can be viewed by clicking here.

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"Providers" means: The third party providers of Services for the Platform.

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"Payment Service Provider" or "Pecunpay" means: The company PECUNIA CARDS E.D.E., S.L.U. company incorporated in Madrid, with registered office at Calle Guzmán El Bueno, n.º 133 - Edificio América - Bajo B (28003 - Madrid) Spain and NIF B-86972346, electronic money institution with registration number 6707 in the Bank of Spain.

"Services" means: The different services provided to Users through the Platform and identified in the Particular Conditions of the Services and in the Payment Service Provider Conditions.

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Fuell may modify the Services or add new features in the future. Fuell may also subcontract or assign the provision of any or all of the Services. By accepting these Terms of Use, as well as the Specific Terms for the Services, you acknowledge and agree that the form and nature of the Services may change without notice.

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"Data Management Software" means: Fuell's data management software.

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"Fuell Card" or "Fuell Cards" means: The corporate debit cards, electronic money support or multipurpose e-money, of physical or virtual nature and with nominative character, issued to the Company's Employees by the Payment Service Provider, subject to the applicable regulation of electronic money entities subject to the supervision of Banco De España. For clarification purposes, it is a debit card, not a credit card, and is not linked to the Company's or the Employee's bank account. The Company must ensure that it has sufficient funds available in the Electronic Money Account for the Fuell Card Employee to use the Fuell Card. The Fuell Card will cease to function on the expiration date indicated on the Fuell Card.

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"User(s)" means: any natural or legal person, Companies and Employees, among others, using the Platform.

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"Web" means: the site and corresponding domain, hosting space, page or set of pages, content, graphics and other miscellaneous information contained in such space or pages, accessible via computer, mobile devices or other electronic means of Fuell.

In these Terms of Use, unless a contrary intention appears:

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The use of the singular shall include the plural and vice versa.
The use of any gender includes the other genders.headings are used for reference only.
References to any legislation or rules include any successor legislation or rules, and are to the legislation or rules of the Spanish State unless otherwise expressed.
Any phrase introduced by the terms "including", "include", "in particular" or any similar expression should be interpreted as illustrative and does not limit the meaning of the words preceding those terms.

2. OBJECT

Fuell provides Companies with a Platform for the management and control of their Employees' expenses, in a closed test phase. The Company will be the holder of an Electronic Money Account, to which it will be able to link the business expenses of its Employees by means of Fuell Cards.
The purpose of the Terms of Use is to regulate the conditions of access and use of the Platform by the Users.
The access or use of certain content or services may require the approval by the User of special and specific conditions, which would complement these Terms of Use. Such special conditions, due to their special nature, would prevail over these Terms of Use.
It is possible that during this closed test phase and in order to improve the Platform, the App and the Website, Fuell may make changes in the configuration, content, presentation, name, as well as in the conditions for access and/or use.

3. IDENTIFICATION

La compañía titular de la Plataforma y del Software de gestión de datos es FUELL The company that owns the Platform and the data management software is FUELL TECHNOLOGIES, S.L.
The Electronic Money Account, the Cards and the functionalities associated with them, as well as the systems necessary for their operation are provided by PECUNIA CARDS E.D.E., S.L.U., an electronic money institution, registered in the Bank of Spain, number 6707. Pecunpay will be in charge of executing and processing all operations and payment services related to Fuell Cards. All information about Pecunpay can be consulted at https://www.pecunpay.es/legal

4. PASSWORD

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The User must establish a password and a key to access the Services provided through the Platform, following the recommendations made by Fuell and avoiding access by third parties. You must not disclose your password or key to any person, nor allow third parties to access the Platform. Fuell never request the PIN or card numbering by email so be wary of any email that is sent to you in this regard, as it could be an attempt to impersonate with the aim of causing a financial loss.

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5. PROHIBITIONS OF USE

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Use the Platform for illegal, illicit or unauthorized purposes by Fuell, in which case, the Company and the Employee causing such acts shall be solely responsible for them. For exemplary and merely enunciative purposes are included within these acts:

The inclusion of inaccurate data or data for which you have an authorization that allows its use during the registration and access process.
Infringing third party rights, such as intellectual or industrial property rights. This also includes any action that involves modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works of the Platform or its content or adaptations thereof, unless expressly authorized by Fuell.
Attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks connected to the Platform. by hacking, password mining or any other means.
Infringe trade secrets or disclose confidential information without the required written authorization of its owner.
Use the Platform or any content on the Platform to transmit any viruses, worms, bugs, Trojan horses or other computer-related items of a destructive nature.
Use the Platform to breach the security of any computer network, crack passwords or security encryption codes; destabilize or interfere with the security thereof. Remove, circumvent, disable, disable, damage or interfere with security features of the Platform functions that prevent or restrict the use or copying of Platform content or functions that impose limitations on the use of the Platform.
Use information or data collected on the Platform to send spam, surveys and other mass messaging, whether commercial or non-commercial in nature or take any action aimed at the disclosure of the information or data collected.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

Fuell holds all rights to the content, design and source code of this Platform and, in particular, including but not limited to, images, text, logos, designs, trademarks, trade names, software files, which are included in these. The User is warned that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property. In no case access to the Platform implies any waiver, transfer or total or partial transfer of the rights granted by Spanish and international legislation on intellectual and industrial property.
It is expressly prohibited any use by third parties of the same or any similar identifying sign that may lead to confusion about its origin or ownership, without prior written permission from Fuell requested by the channels provided to communicate with Fuell.
Also, without prejudice to the foregoing, the content of the Platform is also considered a computer program, protected by Spanish law. It is strictly forbidden to reproduce (except as necessary and permitted by applicable law), copy, use, distribute, reuse, exploit, make second copies, send by mail, transmit, modify, transfer or any other act that is done with all or part of the information contained in the Platform that has not been expressly authorized by Fuell.
The User agrees to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, evading or manipulating the copyright and other data identifying the rights of Fuell or its collaborators or its owners incorporated into the contents, as well as technical protection devices or any information mechanisms that may be included in the contents.
Fuell informs that it does not grant any license or implied authorization on intellectual property rights and / or industrial or any other right or property related, directly or indirectly, with the contents included in the Platform.

7. LIABILITY AND WARRANTIES

The Platform is provided on an "as is" and "as available" basis. Fuell makes no warranties or representations, express or implied, with respect to the Platform: including, but not limited to, (ii) the absence of errors in such content; (iii) the absence of viruses or other harmful components on the Platform on the server that provides it; (iv) the invulnerability of the Platform or the impossibility of breaching the security measures adopted for the Platform; (v) the lack of usefulness or performance of the contents of the Platform; (vi) the loss of information included in the Platform; (vii) the impossibility of accessing the Platform; (viii) any damage or harm caused, to yourself or to a third party, by any person who violates the conditions, rules and instructions established by Fuell on the Platform or through the violation of the Platform's security systems.
Fuell does not guarantee that the Platform will meet your needs or that it will be free of interruptions, presented in a timely manner, secure or free of errors, without prejudice to its best efforts to that effect and to have taken all necessary measures, within its possibilities and the state of the art, to ensure the proper functioning of the Platform, as well as to minimize as much as possible errors in the operation both from a technical point of view - it is therefore very important that you accept the updates of the Platform - and of the content published on the Platform.
Fuell does not guarantee the accuracy or exhaustive or total verification of all the information contained in the Platform, especially that which is implemented by third parties, so it is not responsible for any damages that may be caused or arising from the use of the same. If, as a User, you become aware of the existence of illegal or illicit content, contrary to law or morality, please contact us through the communication channels established in Clause 8 Fuell does not guarantee the adequacy of the Platform to the needs or expectations of Users or the level of satisfaction or profitability by the use of it.
Fuell does not guarantee the day or time of response to any email, telephone contact, written message or communication through the Website or the App.
Fuell assumes no responsibility for any failure or delay resulting from any matter beyond Fuell's reasonable control.
In any case, Fuell's liability that may arise directly or indirectly from any breach of its commitments or, in general by the Platform, shall be limited to cases of willful misconduct. In any case, Fuell's liability for damages shall in no case exceed the total amount paid by the User to Fuell in the calendar year prior to the event that caused the damage.
Users acknowledge that during the testing phase errors or delays may arise in the provision of the Services, notwithstanding that Fuell will use its best efforts to avoid them, Fuell not being in any way responsible for it.

8. CONTACT AND COMPLAINTS

Any complaint or claim, communication, notification should be addressed to Fuell's complaints department, whose contact details are as follows soporte@getfuell.com.

Communications or complaints may be made in Spanish or English.

9. CUSTOMER SERVICE

For any query, complaint or suggestion in relation to the Services, You User will be able to make the opportune consultation to the Customer Service, in the following addresses:
Chat: http://support.getfuell.com/es/ on non-holiday weekdays from 9:30 am to 17.30 (CEST)
E-mail: soporte@getfuell.com
Postal Code: Calle de San Andrés, 8, Local, 28004 Madrid

Fuell undertakes to resolve the issues raised in the shortest possible time and providing the greatest security in the answers and, in any case, within one (1) month.

10. THIRD PARTY LINKS

Fuell is not responsible for the legality of other third party websites from which you can access the Platform, nor is it responsible for the legality of other third party websites that may be linked or linked from the Platform.
In the event that the Platform refers, through links, to advertising or third party websites or platforms, Fuell is not obliged to control and does not control in advance, approve, or own the services, content, data, files, products and any kind of material on the websites or platforms of third parties, so Fuell, is not responsible, under any circumstances, for the legality of the contents of such pages and / or applications, being the sole responsibility of the third party, including but not limited to, respect for the legality, morality, decency and public order of the contents, and that they do not violate any rights of third parties. The existence of a hyperlink does not imply any kind of relationship between Fuell and the owner of the website and / or platform on which it is established.

11. DATA PROTECTION AND PRIVACY

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Fuell's Privacy Policy describes in detail how Fuell uses and protects the professional contact data of Customers and the personal data of Employees and/or Users, as well as the category of personal data it collects and receives; how Fuell uses and shares this personal data; and the rights of Customers, Employees and Users in relation to the processing of their data. In addition, the Privacy Policy sets out the legal basis for Fuell's processing of personal data and its purposes, as well as the disclosure of such data to the Payment Service Provider, or any of the Providers.

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12. DURATION

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These Terms of Use shall have an indefinite duration, unless modified by Fuell.

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13. MISCELLANEOUS

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If any provision of these Terms of Use is declared, in whole or in part, invalid or unenforceable by any court of competent jurisdiction, the remainder shall not be affected and shall remain in full force and effect.
All disclaimers, exclusions and, if applicable, indemnities set forth in the Terms of Use shall survive termination of the relationship for any reason whatsoever.
The failure of Fuell to exercise individually or in part, or the failure or delay in exercising, any right, power or remedy shall not constitute a waiver by Fuell nor shall it preclude or prejudice any other exercise of any right, power or remedy arising under these Terms of Use.
Fuell may exercise its rights under these Terms of Use itself or through any company or entity under its control or within its group. Fuell also reserves the freedom to assign the Terms of Use to any company within its group or third party without prior consent of the Users.
The User under these Terms of Use may not assign, transfer or transfer any of its rights, without the prior written consent of Fuell.

14. JURISDICTION AND APPLICABLE LAW

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The Terms of Use shall be governed by the provisions of its clauses and, where not provided for, by Spanish common law, as well as by good practices and uses, expressly submitting the User and Fuell to the jurisdiction of the Courts and Tribunals of Madrid city for any actions and claims that may arise from this relationship, provided that a specific jurisdiction is not established by virtue of mandatory law.

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Fuell's Terms of Use