Fuel Gal Driver App Terms and Conditions
Fuel Gal is a Paul Murray Oil product. These Terms and Conditions (this "Agreement") are effective as of the date on which a Driver affirmatively accepts them (the "Effective Date"). This Agreement is between Paul Murray Oil, Inc. ("PMO") and the individual accessing or using the Fuel Gal mobile application (the "Fuel Gal App") as a driver performing dispatch-related duties for PMO ("Driver").
This Agreement governs a Driver's right to access and use the Fuel Gal App, PMO's dispatch coordination platform, deployed nationwide for storm response and day-to-day dispatch operations. These Terms explain PMO's obligations to Driver and Driver's obligations to PMO as a condition of using the Fuel Gal App. Drivers should read these Terms carefully and reach out to PMO with any questions.
PMO reserves the right to change these Terms at any time, effective upon posting of the modified Terms within the Fuel Gal App. PMO will make reasonable efforts to communicate material changes to Driver through the Fuel Gal App or through Driver's normal dispatch communication channels. It is Driver's obligation to ensure Driver has read, understood, and agrees to the most current version available.
By accessing or using the Fuel Gal App, Driver represents and warrants that Driver is at least 18 years of age and has the right, authority, and capacity to enter into these Terms. If Driver does not agree with any of these Terms, Driver is prohibited from using or accessing the Fuel Gal App.
Definitions
"Agreement" means these Terms and Conditions, as updated from time to time.
"App" or "Fuel Gal App" means the mobile application made available by PMO for dispatch coordination, including storm response and day-to-day operations, and including all updates, upgrades, and modifications.
"Confidential Information" includes all information exchanged between the parties in connection with this Agreement, including dispatch instructions, delivery orders, site locations, and pricing, whether in writing, electronically, or orally, but excludes information that is or becomes publicly available other than through unauthorized disclosure.
"Dispatch Assignment" means the period during which a Driver is actively assigned by PMO or a Partner Vendor to a specific dispatch assignment, whether in connection with storm response or day-to-day operations, beginning when a Driver is directed to commence or proceed with the applicable assignment and ending when the assignment is completed, closed out, or otherwise terminated by PMO or the Partner Vendor.
"Driver" means the individual accessing or using the Fuel Gal App, and includes any individual authorized by a Partner Vendor to access the Fuel Gal App in the course of dispatch-related duties performed for PMO.
"Driver Content" means any content a Driver submits through the Fuel Gal App, including delivery confirmations, Bill of Lading (BOL) photographs, service status updates, and location check-ins.
"Partner Vendor" means a third-party company that employs or contracts with a Driver and coordinates with PMO to provide dispatch driver services.
"PMO Technology" means the Fuel Gal App and its underlying software, design, and documentation, and any Intellectual Property Right licensed or owned by PMO.
Use of the App
PMO grants Driver a limited, non-exclusive, non-transferable, revocable right to access and use the Fuel Gal App solely for performing dispatch driver duties for PMO, whether Driver is engaged directly by PMO or through a Partner Vendor. This right is limited by these Terms. Use of the App is made available on a limited-access basis, and no ownership right is conveyed to Driver. PMO and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the App, including all modifications, updates, and derivative works.
Usage restrictions
- Driver will not make access to the App available for the benefit of anyone other than Driver.
- Driver will not sell, resell, license, sublicense, distribute, rent, or lease access to the App.
- Driver will not copy, modify, reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App or any PMO Technology.
- Driver will not frame or mirror any part of the App, other than for Driver's own internal business purposes as permitted by PMO.
- Driver's login credentials may not be shared with any other individual.
- Driver will not disable, interfere with, circumvent, or attempt to circumvent any functionality or permissions required for the App to operate as intended during a Dispatch Assignment, or use another person's account or credentials to satisfy requirements to use the App.
Driver obligations
Purpose of the App and location tracking
The Fuel Gal App is a dispatch coordination tool. Its purpose is the same kind of purpose a mapping or navigation app, such as Waze or Apple Maps, serves for a driver — it uses Driver's device location to help route deliveries, share Driver's position with dispatch, and coordinate fuel and service response during an active storm.
The Fuel Gal App is a dispatch and coordination tool only. It is not a Department of Transportation (DOT), Hours-of-Service (HOS), Electronic Logging Device (ELD), or driver-behavior monitoring system, and it is not used by PMO to track, audit, or enforce regulatory compliance of any kind.
The Fuel Gal App does not replace, substitute for, or feed data into any ELD, HOS log, or other regulatory compliance system. Any such systems Driver uses remain entirely separate from the App and from PMO's use of it.
Location data is used only to: (a) confirm truck position for delivery coordination; (b) route Drivers to active job sites; and (c) allow dispatch to respond quickly if a Driver needs support during a storm. It is not used to score, discipline, or evaluate individual Driver performance.
Location tracking — how it works
The Fuel Gal App collects Driver's device location, including background location, only while Driver is assigned to an active Dispatch Assignment.
Background location access must be set to "Allow all the time" for the App to function correctly during a Dispatch Assignment. Location sharing ends automatically when the Dispatch Assignment ends or is closed out by dispatch.
Location data will not be collected or used to monitor Driver outside the scope of an active Dispatch Assignment, and is not used to track Driver's movements during personal time, off-duty hours, or any period outside an active Dispatch Assignment.
GPS data retention and permitted use. GPS and location data collected through the Fuel Gal App is used only for dispatch coordination, routing, and safety response as described above. Location data may be retained in accordance with the data retention practices described in the Fuel Gal Privacy Policy, and is not used for any purpose beyond those described in these Terms and the Fuel Gal Privacy Policy.
Access conditions
- Driver will keep all usernames and passwords required to access the App secure and confidential, and will immediately notify PMO of any unauthorized use of Driver's credentials or any other breach of security.
- Driver shall immediately notify PMO if the device used to access the Fuel Gal App is lost, stolen, compromised, or believed to have been accessed by an unauthorized individual.
- Driver will not attempt to undermine the security or integrity of PMO's or its service providers' computing systems or networks.
- Driver will not attempt to gain unauthorized access to any materials other than those to which Driver has been expressly granted access.
- Driver will not transmit or input into the App any files that may damage another user's device or software, or any content that is offensive or unlawful.
Acceptable use and compliance with law
Use the Fuel Gal App only for its intended purpose: receiving dispatch instructions, reporting delivery status, sharing location during an active Dispatch Assignment, and communicating with dispatch during an active Dispatch Assignment. This obligation applies to all Drivers using the App, whether engaged directly by PMO or through a Partner Vendor.
Do not use the App while operating a vehicle in a manner that violates any applicable law; comply with all state and federal distracted-driving laws at all times.
Driver is solely responsible for remaining compliant with all applicable company policies and procedures, state and federal laws, licensing, and requirements related to Driver's ability to legally drive and operate a vehicle, including but not limited to a valid driver's license, required endorsements, vehicle registration, insurance, and any DOT medical certification applicable to Driver's role. Use of the Fuel Gal App does not relieve Driver of, and is not a substitute for, these obligations. Where Driver is employed by or contracted through a Partner Vendor, nothing in these Terms relieves the Partner Vendor of any responsibility it may have for such compliance.
Report any technical issues, service failures, or safety concerns to dispatch through the App or by phone as instructed during onboarding.
Confidentiality and privacy
Confidentiality
Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement. Driver will not disclose or make available any Confidential Information — including dispatch instructions, delivery orders, site locations, and pricing — to any third party without PMO's written authorization, including by screenshot, export, or shared login credentials. This obligation survives termination of this Agreement and continues after Driver's Dispatch Assignment ends.
These confidentiality obligations do not apply to information that: (i) is or becomes public knowledge other than through a breach of this clause; (ii) is lawfully received from a third party under no obligation of confidentiality; or (iii) is independently developed without reference to the Confidential Information.
Privacy
PMO maintains the Fuel Gal Privacy Policy, which sets out the parties' obligations with respect to data collected through the App. It applies to Driver upon any use of the App and is incorporated into this Agreement by reference.
Intellectual property
General
Title to, and all Intellectual Property Rights in, the Fuel Gal App and any related documentation remain the property of PMO and/or any licensors as applicable. The Fuel Gal App, including its software, workflows, user interface, routing logic, dispatch methodologies, databases, designs, reports, documentation, trademarks, branding, source code, object code, APIs, and all enhancements or derivative works, constitutes proprietary intellectual property of PMO and/or its licensors, and no right, title, or interest in any of the foregoing is transferred to Driver by these Terms.
Driver Content — operational license
Driver retains ownership of any Driver Content submitted through the App. By submitting Driver Content, Driver grants PMO a worldwide, royalty-free, non-exclusive, sub-licensable license to use, copy, store, reproduce, publicly display, and distribute that Driver Content internally and with Partner Vendors, vendors, and customers as reasonably necessary for dispatch, billing, proof of delivery, insurance, audit, customer support, and safety recordkeeping purposes.
Retention. Delivery records, photographs, and assignment documentation submitted as Driver Content may be retained for operational, billing, customer service, insurance, audit, training, claims and dispute resolution, and legal compliance purposes, consistent with the retention practices described in the Fuel Gal Privacy Policy.
Driver represents that all photographs, documents, or other content Driver uploads are accurate and that Driver has the necessary rights to submit such content.
PMO reserves the right, in its sole discretion, to review, remove, or decline to display any Driver Content that is inaccurate, inappropriate, or submitted in violation of these Terms.
PMO adheres to reasonable data-protection practices but does not guarantee against all loss of Driver Content, and expressly excludes liability for loss of Driver Content however caused, except to the extent caused by PMO's gross negligence or willful misconduct.
Marketing and promotional use — separate and optional
The operational license above does not include the use of Driver Content for marketing, advertising, or promotional purposes. Any such use, including photographs that show a Driver's image, likeness, or voice, requires Driver's separate, optional consent under the Fuel Gal Marketing and Media Release. Declining that separate release has no effect on Driver's ability to use the Fuel Gal App or participate in PMO dispatch operations.
Feedback
Driver agrees that any suggestions, recommendations, enhancement requests, or other feedback Driver provides regarding the Fuel Gal App may be used by PMO without restriction or compensation, and all resulting improvements become the exclusive property of PMO.
Copyright and trademarks
The trademarks, copyright, service marks, trade names, and other intellectual property rights and proprietary notices displayed within the Fuel Gal App are the property of, or are licensed to, PMO and its licensors and affiliates, and are protected under applicable intellectual property laws.
Digital Millennium Copyright Act (DMCA) notice
If Driver believes that content displayed within the Fuel Gal App infringes Driver's or a third party's intellectual property rights, Driver may notify PMO in writing with the subject line "Takedown Request," including: (i) Driver's signature and identification; (ii) a description of the content alleged to infringe; (iii) contact information; and (iv) a statement, under penalty of perjury, that the information provided is accurate and that Driver has a good-faith belief the use is unauthorized. PMO will review such notices and may remove or disable access to content it believes in good faith to be infringing.
Warranties and acknowledgements
Acknowledgement
Driver acknowledges that access to and use of the App is on an "as is, where is" basis and at Driver's own risk.
PMO does not warrant that use of the App will be uninterrupted or error-free. The systems used to access the App, including cellular networks and the Internet, can be unpredictable, particularly during severe weather conditions, and PMO is not responsible for any resulting interference with or prevention of Driver's access to or use of the App.
Disclaimer of warranties
The Fuel Gal App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to accuracy, reliability, uninterrupted operation, or fitness for a particular purpose. To the fullest extent permitted by law, PMO, its officers, employees, licensors, and app development partners disclaim any and all express, implied, or statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing in this disclaimer limits or excludes either party's liability for death or personal injury resulting from negligence, for fraud or fraudulent misrepresentation, or any other liability that may not be excluded or limited under applicable law.
Limitations of liability
To the fullest extent permitted by law, PMO, its officers, employees, and app development partners are not liable for any indirect, incidental, special, or consequential damages arising from Driver's use of, or inability to use, the Fuel Gal App, including but not limited to delays, missed communications, GPS or location inaccuracies, or loss of data.
Without limiting the foregoing, PMO is not liable for: (i) loss or corruption of data; (ii) the conduct of third parties, including Partner Vendors, other drivers, or vendors; (iii) Driver's inability to access the App due to connectivity, device, or technical issues; (iv) infringement of any third party's copyright or other intellectual property rights arising from Driver Content submitted by Driver or other users; or (v) any other damages arising from Driver's use of, or inability to use, the App.
Driver acknowledges that driving conditions during an active Dispatch Assignment carry inherent risk, and that Driver assumes responsibility for Driver's own safe operation of a vehicle at all times, regardless of information or instructions received through the App.
Driver releases and waives any claim against PMO for injury, loss, or damage arising from use of the App, except to the extent caused by PMO's gross negligence or willful misconduct.
PMO holds no liability for any consequences, damages, citations, or losses arising from a Driver's failure to remain compliant with applicable company policies and procedures, or state or federal licensing, driving, insurance, or vehicle operation requirements. Responsibility for maintaining that compliance rests solely with the Driver and/or the Driver's employing Partner Vendor, not PMO.
Driver agrees to indemnify and hold PMO harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising from Driver's misuse of the App, violation of these Terms, or violation of any law or third-party right.
Termination
Termination for breach
If Driver breaches any of these Terms and does not remedy the breach within 14 days after receiving notice (where the breach is capable of remedy), or commits a breach not capable of remedy, PMO may, at its discretion: (i) terminate Driver's access to the App; (ii) suspend Driver's use of the App for a definite or indefinite period; or (iii) take corresponding action with respect to any other individual associated with Driver's account.
No-fault termination
PMO may suspend or terminate Driver's access to the Fuel Gal App at any time, with or without notice, including at the end of a Dispatch Assignment or for operational or safety reasons. Driver may stop using the App at any time by uninstalling it and notifying dispatch; provided, however, that a Driver who stops using or uninstalls the App may not begin or continue any Dispatch Assignment for which use of the Fuel Gal App is required.
Accrued rights
Termination of this Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. Upon termination, Driver must immediately cease use of the App. Driver must also uninstall the Fuel Gal App from Driver's personal device within twenty-four (24) hours after termination of this Agreement or after Driver is otherwise notified by PMO or a Partner Vendor that Driver is no longer authorized to perform PMO Dispatch Assignments, whichever occurs first.
Devices
The Fuel Gal App is designed for use on Driver's own personal mobile device ("bring your own device"). PMO does not provide, warrant, or take responsibility for the condition, performance, or maintenance of any Driver-owned device. PMO may from time to time update the App and cause new versions to be made available for download via Google Play and the Apple App Store; these updates may include security or bug fixes, performance enhancements, or new functionality, and may be issued with or without prior notice. By using the Fuel Gal App, Driver consents to receive such updates. If PMO provides any dedicated hardware to a Driver for purposes of a Dispatch Assignment, use of that hardware will be governed by a separate agreement provided at the time of issuance.
Data usage. Use of the Fuel Gal App may consume cellular data on Driver's personal device. PMO is not obligated to reimburse Driver for data usage, and use of the Fuel Gal App is a requirement of participating in PMO dispatch operations.
Connectivity and synchronization. PMO does not guarantee uninterrupted connectivity or real-time synchronization of the Fuel Gal App. Driver remains responsible for following dispatch instructions when network connectivity is unavailable.
Technical support
In the case of technical problems, Driver should make reasonable efforts to investigate and diagnose the issue, including confirming that required location permissions are enabled. If the issue persists, contact Fuel Gal technical support at support@pmofuel.com or (904) 533-6855, or contact dispatch through the channel provided during onboarding. Fuel Gal technical support is available 24/7 during an active storm.
General terms
Assignment
Driver may not assign or transfer any rights or obligations under this Agreement. PMO may assign this Agreement in connection with a merger, acquisition, reorganization, or transfer of its dispatch operations business.
Entire agreement
This Agreement, together with the Fuel Gal Privacy Policy and any other notices or instructions provided to Driver hereunder, supersedes all prior agreements, representations, and understandings, whether written or oral, and constitutes the entire agreement between Driver and PMO regarding use of the App.
Use of automation and artificial intelligence
PMO may utilize automation, artificial intelligence, machine learning, and analytics technologies to improve dispatch operations, routing, reporting, customer service, and Fuel Gal App functionality. Such use will occur in accordance with the Fuel Gal Privacy Policy.
Force majeure
PMO is not liable for any failure or delay in performance of its obligations under this Agreement where such failure arises from any cause beyond PMO's reasonable control, including electronic, power, mechanical, or Internet failure; acts of nature including storms, hurricanes, floods, or other severe weather events; strikes, labor disputes, or civil disturbances; governmental action; or the non-performance of third parties, including service providers or telecommunications providers.
Interpretation
Headings in this Agreement are for convenience only and are not to be considered in interpreting its terms. No presumption will operate in either party's favor based on the role of its counsel in drafting these Terms.
Notices
Notices under this Agreement must be in writing and delivered by email or through the App. Notices to PMO should be directed to PMO dispatch or to support@pmofuel.com. Notices to Driver may be sent through the App, through Driver's Partner Vendor, or through Driver's normal dispatch communication channels.
Independent contractors; Partner Vendor Drivers
The Fuel Gal App is deployed nationwide in connection with PMO's dispatch operations, including storm response, and is used both by Drivers engaged directly by PMO and by Drivers employed by, or contracted through, a Partner Vendor.
The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer-employee relationship is intended or created by these Terms. If Driver is employed by, or contracted through, a Partner Vendor, Driver's employment or contractor relationship, wages, benefits, workers' compensation coverage, and compliance with applicable labor and employment laws remain solely between Driver and the Partner Vendor.
Each Partner Vendor is responsible for ensuring that its Drivers using the Fuel Gal App are properly licensed, insured, and authorized to perform the work assigned, including satisfying requirements relating to use of the Fuel Gal App, and for compliance with all applicable federal, state, and local laws governing that relationship. PMO's role with respect to such Drivers is limited to dispatch coordination and operations logistics as described in these Terms.
Severability
If any provision of these Terms is held invalid or unenforceable under the law of any jurisdiction, that provision will be enforced to the maximum extent permissible under that jurisdiction's law, and all remaining provisions will remain in full force and effect.
Amendments
PMO reserves the right to modify, amend, or update these Terms at any time. Material changes will be communicated through the App or through Driver's normal dispatch communication channels. Driver's continued use of the Fuel Gal App after the effective date of an update constitutes acceptance of the revised Terms.
No waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver is effective unless made in writing.
Governing law and venue
This Agreement is governed by, and will be construed in accordance with, the laws of the State of Florida, without regard to its conflict-of-laws principles. Because the Fuel Gal App is deployed nationwide in support of dispatch operations, including storm response, across multiple states, the parties agree to submit to the personal jurisdiction of the state and federal courts located in Duval County, Florida, for any dispute arising from this Agreement, except as set forth in the Dispute Resolution clause below. Where the law of Driver's state of residence or employment mandates a different governing law or venue with respect to a particular provision, that provision will be interpreted to comply with such mandatory law, and all remaining provisions will continue to be governed as set forth above.
Dispute resolution
Before either party may pursue formal action, the party must first send the other a written Notice of Dispute describing the nature and basis of the claim and the relief requested. The parties will attempt to resolve the dispute informally for thirty (30) days following the Notice. If the dispute is not resolved informally, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its rules then in effect, with any hearing held in Duval County, Florida, unless the parties agree otherwise, except that either party may bring an individual action in small claims court or seek injunctive relief in court for misuse of confidential or proprietary information.
Contacts
Questions regarding this Agreement, the App, or Fuel Gal generally may be directed to PMO dispatch or support@pmofuel.com. Official legal notices should be sent to PMO's registered address in Jacksonville, Florida, as provided by PMO upon request.
Acknowledgment and agreement
This is a clickwrap agreement: Driver's acceptance requires an affirmative act. Simply downloading, installing, or browsing the Fuel Gal App does not constitute agreement to these Terms. Driver must select the "I Agree" checkbox presented in the App.
By selecting "I Agree," Driver acknowledges having read and understood this Agreement in its entirety, including the purpose and scope of location data collection; the express statement that this App is not a DOT, HOS, or compliance-monitoring tool; the confidentiality, intellectual property, and Driver Content provisions, including the operational license described above, which does not include marketing or promotional use; the limitations of liability; and the governing law, venue, and dispute resolution provisions. Driver consents to this Agreement and to the Fuel Gal Privacy Policy as a binding condition of participating in PMO dispatch operations through the Fuel Gal App.