Terms and Conditions – IntellaFuel

Effective Date: 01/13/2025

This Terms and Conditions of Use agreement (“Usage Agreement”) forms a binding contract between you (or the company you are acting on behalf of, either, “You” or “Your”) and IntellaFUEL and/or CrossfireIQ Networks LLC (“IntellaFUEL”) governing Your use of our website and related services, products, software, and technologies (“Services”).

PLEASE READ THIS USAGE AGREEMENT CAREFULLY. By accessing, browsing, or otherwise using this website or any Services offered by IntellaFUEL, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the documents linked herein. If you do not agree with any of the terms and conditions stated in this Usage Agreement, do not use this website or any associated Services.

1. Services

1.1 Provision of Services
IntellaFUEL will use commercially reasonable efforts during the Service Term (as defined below) to provide the Customer (i.e., You or Your company) with the specific Services identified on Your order form, invoice, or similar documentation. As part of the Services, IntellaFUEL grants Customer the right to use the Services on Customer’s website or through other appropriate methods and mediums during the Service Term.

1.2 Access and Registration
The Services will be provided to Customer through methods that may include, but are not limited to, IntellaFUEL’s website and dashboard, integrations utilizing API keys, webhooks, ADF feeds, etc. In order to access and use these Services, Customer must register and identify a username and password. Customer is responsible for:

Obtaining and maintaining any equipment or services necessary to use the Services.
Maintaining the security of such equipment, services, and Customer’s username and password.
All use of its username and password.

1.3 Authorized Uses
Customer may only use the Services for its internal business purposes and may disclose the Services to third parties only to the extent necessary for those parties to provide services to Customer. Such internal business purposes may include, but are not limited to, email marketing, direct mail, SMS marketing, and social media marketing, provided such activities comply with all applicable local and federal laws.

2. Proprietary Rights

2.1 Ownership and Restrictions
Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related thereto. Customer shall also not create derivative works based on, or remove any proprietary notices or labels from, any part of the Services.
IntellaFUEL shall own and retain all rights, title, and interest in and to the Services and all improvements, enhancements, modifications, or derivative works thereof, including all intellectual property rights related to any of the foregoing.

2.2 Data Collection
IntellaFUEL may collect and analyze data relating to Customer’s use of the Services and will be free to use such data (in de-identified form) for internal business purposes, which may include analysis for improvements or modifications to the Services. IntellaFUEL shall not disclose to third parties any data specifically attributable to Customer in a way that identifies Customer without obtaining Customer’s prior written consent.

2.3 Security Breach Notification
Each party shall promptly notify the other party upon becoming aware of a breach or suspected breach that may compromise the security, confidentiality, or integrity of any third party’s personally identifiable information that relates to the Services. Each party shall cooperate with law enforcement regarding any such breach and take appropriate actions to mitigate the breach at its own expense.

2.4 Export Compliance
Customer shall not export the Services from the United States except in full compliance with applicable law and with prior written approval from IntellaFUEL.

3. Payment of Fees

3.1 Fees and Payment Terms
Customer shall pay IntellaFUEL the fees (“Fees”) as described in the applicable Order Form, invoice, or other documentation, in accordance with the terms set forth therein. Customer authorizes IntellaFUEL to charge the provided credit card or alternative electronic payment method for all Fees. Payment is due upon receipt, unless otherwise specified. Any unpaid amounts may be subject to:

A finance charge of 7.5% per month on the outstanding balance (or the maximum rate permitted by law, whichever is lower).
Collection expenses (including reasonable attorneys’ fees).
Potential immediate termination of Services.

3.2 Fee Adjustments
IntellaFUEL may change the Fees, institute new fees, or modify applicable charges by providing Customer with at least 90 days’ written notice. If Customer believes IntellaFUEL has billed incorrectly, Customer must contact IntellaFUEL in writing no later than 30 days after the date of the first billing statement that contains the alleged error to be eligible to receive an adjustment or credit.

3.3 Irrevocable Payments
Customer agrees that charges for the Services are irrevocable, undisputable, and may not be charged back or contested. Initiating a chargeback or dispute is a material breach of this agreement. In such an event, IntellaFUEL will be entitled to recover reasonable attorneys’ fees, costs, and fees associated with addressing the chargeback, in addition to the challenged amount.

4. Term and Termination

4.1 Term
Unless otherwise specified, IntellaFUEL will provide the Services beginning on the Service Start Date, subject to a minimum of three monthly billing cycles (a “90-day Minimum Commitment”), and then continue on a month-to-month basis (the “Service Term”) until written notice of termination is provided by either party.

4.2 Termination
Either party may terminate the Services by providing 30 days’ written notice (“30-day Opt-out”) to the other party. Termination will be effective at the end of the next full calendar month of Service following such notice.

5. Representations and Warranties

5.1 Compliance with Laws
Each party represents and warrants that it has complied and will continue to comply with all applicable laws and regulations related to the Services, including without limitation telemarketing laws (including SAN Registration at https://telemarketing.donotcall.gov/profile/create.aspx), CAN-SPAM, the TCPA, and the FTC’s TSR.

5.2 Service Quality
IntellaFUEL represents and warrants that it will use reasonable efforts consistent with industry standards to maintain the Services in a manner that minimizes errors and interruptions. IntellaFUEL also represents and warrants that the Services shall not contain any viruses, malware, or other disabling code intentionally installed or inserted by IntellaFUEL.

5.3 Disclaimer of Other Warranties
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND INTELLAFUEL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

6. Confidentiality

Customer shall not use or disclose any of IntellaFUEL’s confidential information to any third party. IntellaFUEL’s confidential information includes any non-public information identified as confidential or proprietary, or which should reasonably be understood to be confidential based on the nature of the information and the circumstances surrounding its disclosure. Upon termination of the Service Term, Customer shall promptly return or certify the destruction of all of IntellaFUEL’s confidential information. If Customer is required by law to disclose any confidential information, Customer shall give prior written notice to IntellaFUEL and reasonably cooperate to limit the disclosure.

7. Indemnification

Each party (the “Indemnifying Party”) shall defend, indemnify, and hold harmless the other party and its directors, officers, contractors, employees, agents, and consultants (collectively, the “Indemnified Group”) from and against any and all actions, suits, proceedings, claims, liabilities, damages, losses, judgments, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:

The Indemnifying Party’s breach of these Terms of Service, including any representations or warranties made herein.
The Indemnifying Party’s violation of any rights of any third party or the Indemnified Group that arises out of or relates to these Terms of Service.

8. Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, NOR FOR ANY DAMAGES FOR LOST PROFITS, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, REGARDLESS OF THE THEORY OF LIABILITY OR NOTICE OF POSSIBLE DAMAGES. EACH PARTY’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO INTELLAFUEL IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations shall not apply to: (i) a party’s breach of Proprietary Rights or Confidentiality obligations, (ii) the payment of Fees when due, or (iii) a party’s indemnification obligations.

9. General

9.1 Notices
All notices under these Terms must be in writing and are effective upon receipt when delivered personally, by certified mail (return receipt requested), or by email with confirmation of receipt to the addresses or email addresses specified by each party. Either party may update its notice address by providing notice to the other party.

9.2 Governing Law and Venue
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any action arising out of these Terms shall be brought exclusively in a state or federal court located in Travis County, Texas. Each party submits to the jurisdiction of such courts and waives any objections to venue. IntellaFUEL may seek injunctive relief in any court of competent jurisdiction. Each party expressly waives any right to a jury trial.

9.3 Injunctive Relief
Because a breach or threatened breach of these Terms by Customer could cause irreparable harm to IntellaFUEL, IntellaFUEL will be entitled to seek immediate injunctive relief, including specific performance, in addition to any other remedy available at law or in equity, without the necessity of posting bond.

9.4 Relationship of the Parties
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. These Terms and the Order Form constitute the entire agreement between the parties with respect to the Services and supersede all prior discussions, negotiations, and agreements.

9.5 Assignment
Neither party may assign these Terms of Service without the written consent of the other party, except that either party may assign these Terms without consent to the acquirer of all or substantially all of its assets, or to a surviving entity in a merger or reorganization.

9.6 Severability
If any provision is deemed invalid or unenforceable, that provision shall be reformed to the extent possible to reflect the parties’ intention, and the remaining provisions shall remain in full force and effect.

9.7 Amendments
Any amendment, waiver, or modification of these Terms will be effective only if in writing and signed by duly authorized representatives of both parties.

Terms of Use

IntellaFUEL is committed to safeguarding the privacy of user data. We collect, store, and use personal information you share with us only as described in this Privacy Policy. This Privacy Policy does not apply to any information we collect by other means (including offline) or from other sources.

By signing up for IntellaFUEL or using our Services, you agree to accept this Privacy Policy. We reserve the right to modify or update this policy at any time by posting changes on this page, so please review periodically.

Information We May Collect

We collect the following Personally Identifiable Information (“PII”) from individuals who purchase or use our products and services:

Name
Email address
Telephone number
Address
Credit card number

We may also collect:

Individual transaction data from third-party invoicing or accounting applications (e.g., QuickBooks, Xero, Clio).
Information collected via your browser, user-generated content, or any other data you upload in connection with your use of the Services (which may include “Third-Party Client Information,” i.e., data pertaining to your clients or customers to be invoiced through IntellaFUEL).
Responses to surveys or communications with our customer service team.

Cookies: We use cookies to remember you, streamline your sign-in process, and gather usage statistics about our Website. These cookies do not collect PII unless you voluntarily provide it.

Use of Personally Identifiable Information

We use PII to:

Create and manage your account.
Communicate regarding products and services you have purchased.
Offer additional products and services.
Provide billing and payment services.
Enforce our terms of service and prevent harm.

We may also use aggregated or anonymized data about your usage of the Services for service analysis, diagnosis of technical problems, maintaining security, and content personalization.

Protection of Personal Information

We employ industry-standard measures to protect any PII we collect. Third-party client and customer information provided to IntellaFUEL is considered confidential and is not disclosed to any third party unless required by law, subpoena, or if we believe in good faith that such disclosure is necessary to comply with legal obligations.

While we strive to protect your personal information, we cannot guarantee its absolute security. By using our Website, you acknowledge and agree to assume the risk regarding security of your information.

Sharing Personal Information

We do not rent or sell your Personal Information.
We may store personal information outside the direct control of IntellaFUEL (such as on servers co-located with hosting providers).
We will share your Personal Information with a limited number of service providers, solely for the purpose of providing Services to you. Any third party that processes Personal Information on our behalf will be bound by privacy protections at least as strict as those in this Privacy Policy.
If IntellaFUEL is involved in a merger, acquisition, or asset sale, your information may be transferred as part of that transaction.
We may disclose PII if required by law or subpoena, or if we believe such action is necessary to (a) comply with legal obligations, (b) enforce our terms and policies, or (c) protect the rights, property, or personal safety of IntellaFUEL, its users, or others.

Compromise of Personal Information

In the event of a security breach that results in unauthorized disclosure of personal information, IntellaFUEL will promptly notify impacted individuals in accordance with applicable law. IntellaFUEL shall not be liable for any disclosure resulting from events beyond its control (e.g., natural disasters, power failures, or illegal intrusions).

Your Choices About Your Information

You may decline to submit PII to the Services; however, doing so may limit the Services we can provide. You can update or correct your account information by logging in to your account or contacting us directly.

Information Relating to Minors

IntellaFUEL does not knowingly collect or solicit personal information from individuals under 18. If you are under 18, do not submit personal information to us. If we discover that we have collected personal information from a minor under 18, we will promptly delete it.

Links to Other Websites

We are not responsible for the practices of any website linked to or from our Website, nor the information or content therein. Once you click a link to an external website, our Privacy Policy no longer applies. We encourage you to review each external site’s privacy and security policies before use.

Notification Procedures

We may provide notifications to you via email, written or hard copy notice, or through conspicuous posting on our website, at our sole discretion. We reserve the right to determine the form and means of providing such notifications.

Changes to Our Privacy Policy

If we update or change this Privacy Policy, we will post the changes to our Website, indicating the date of the last revision. Continuing to use our Services after such changes take effect constitutes acceptance of those changes.

Postings / Submissions

We do not guarantee results or level of success from usage of this site or its services. Certain third-party partners may offer performance guarantees independently, but such claims are not made by IntellaFUEL unless explicitly stated.

We do not guarantee uninterrupted accessibility of any posting. Technical and non-technical issues (e.g., outages, software failures) may affect availability, and IntellaFUEL cannot be held liable for such disruptions.

No user may upload offensive, harmful, or illegal materials, or any items intended to damage IntellaFUEL systems.

Security

You may not access or interfere with account data that is not your own. Violations of data privacy or misuse of the Services may result in legal consequences.

Specific Prohibited Uses

Use of the Services for illegal or otherwise unauthorized purposes is strictly prohibited. The following actions, among others, are disallowed:

Entering knowingly inaccurate or false data.
Posting job openings or opportunities that do not exist or that you are not authorized to post.
Maintaining an excessive amount of data that places undue strain on IntellaFUEL’s servers or networks.
Distributing “protected materials” (e.g., passwords, discount codes) to any unauthorized party.
Circumventing our security features to extract protected data from outside sources.
Aggregating, spidering, or collecting website content without express written permission from IntellaFUEL.

Copyrights and Trademarks

All content on this Website is protected by copyright laws and is owned by or licensed to IntellaFUEL. Trademarks and trade dress appearing on the Website are likewise proprietary. Nothing herein grants you any license to use IntellaFUEL’s trademarks, service marks, or copyrighted materials except as explicitly described herein.

By submitting material (e.g., a discussion post or email) to IntellaFUEL, you grant IntellaFUEL a non-exclusive, royalty-free license to use, reproduce, display, distribute, modify, and create derivative works from that material.

Disclaimers and Limitations of Warranties

INTELLAFUEL MAKES NO GUARANTEE AS TO THE ACCURACY, COMPLETENESS, OR TRUTHFULNESS OF ANY USER-PROVIDED CONTENT. USE THIS SITE AT YOUR OWN RISK. REFERENCES OR LINKS TO THIRD-PARTY PRODUCTS OR SERVICES ARE NOT ENDORSEMENTS. INTELLAFUEL IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT OR ACTIONS.

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS.” INTELLAFUEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INTELLAFUEL WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) ARISING OUT OF YOUR USE OF THIS SITE OR ITS SERVICES.

Liability Limitation

IntellaFUEL’s liability for all claims arising from your use of the Site and its contents is limited to one hundred twenty-five dollars (US$125).

Termination of Website and Website Access

IntellaFUEL reserves the right to modify or discontinue this Website or the Services at any time and may deny any user access to the Website for any reason deemed necessary, including unauthorized use or activities that may harm IntellaFUEL or any third party.

Account Terms & Conditions (Supplemental)

The following supplements the Terms stated above and reiterates our commitment to privacy and responsible use of personal information in operating the Services.

Collection and Use of PII: We collect Personally Identifiable Information from you to enable account creation, communication regarding Services, and billing.
Security Measures: We use high industry standards to maintain the security of your data but cannot guarantee absolute security.
Disclosure: We do not sell or lease PII to others; we may only share certain data with authorized partners providing services on our behalf or as required by law.
Minors: Persons under 18 are not permitted to provide PII or use our Services unsupervised.
Links: Our Website may contain links to third-party sites. Once you leave our Website, our Privacy Policy no longer applies.

For any questions regarding our policies or to exercise your rights regarding your Personal Information, please contact us:

Email: [email protected]
Address: 7710 N FM 620 Bldg 13-D, Austin, TX 78726

By using this website, you acknowledge that you have read, understood, and agreed to the above Terms and Conditions and Privacy Policy.

If you do not agree with these Terms, please discontinue use of our website and services immediately.