TERMS AND CONDITIONS OF SERVICE

Last Updated: November 18, 2025 | Version 2.3.1 | Document ID: TOS-GSMS-2025-001

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THIS SERVICE

BY USING THIS SERVICE, YOU AGREE TO BE LEGALLY BOUND BY ALL PROVISIONS HEREIN

1. ACCEPTANCE OF TERMS AND BINDING AGREEMENT

By accessing, browsing, viewing, downloading, installing, registering for, or utilizing in any manner whatsoever the Gas Station Management System (hereinafter referred to as "the System", "the Service", "the Platform", "the Software", "the Application", "GSMS", or "the Product"), whether through any electronic device, computer, mobile device, tablet, smartphone, web browser, mobile application, desktop application, API integration, third-party integration, or any other present or future means of access or interaction, you (hereinafter referred to as "User", "you", "your", "yourself", "Subscriber", "Client", "Customer", "End User", "Account Holder", or "Licensee") hereby expressly, irrevocably, and unconditionally acknowledge, confirm, represent, warrant, and agree that you have carefully read, thoroughly reviewed, fully understood, and completely agree to be legally bound by these Terms and Conditions (hereinafter referred to as "Terms", "Agreement", "TOS", "Terms of Service", "User Agreement", "Service Agreement", or "these Terms") in their entirety, without any limitation, modification, exception, reservation, or qualification whatsoever.

These Terms constitute a complete, final, and legally binding contract and agreement between you, individually and on behalf of any entity you represent or purport to represent, and Gas Station Management System, together with all of its parent companies, subsidiaries, affiliates, related entities, divisions, branches, partners, licensors, service providers, contractors, subcontractors, suppliers, vendors, distributors, resellers, agents, representatives, employees, officers, directors, shareholders, successors, assigns, and all other associated or related entities of any kind or nature (hereinafter collectively referred to as "we", "us", "our", "ourselves", "the Company", "the Provider", "GSMS", "the Licensor", "the Service Provider", or "the Platform Provider"). If you do not agree with, understand, or accept any provision, clause, section, subsection, paragraph, sentence, phrase, word, or any portion whatsoever of these Terms, or if you have any reservations, objections, concerns, or questions regarding any aspect of these Terms, you must immediately, without delay, cease all use of the Service, discontinue all access to the Platform, close any browser windows or applications, delete any downloaded materials, uninstall any software, terminate any active sessions, and refrain from any further interaction with the Service in any manner whatsoever.

Your continued use, access, or interaction with the Service following the posting, publication, notification, announcement, or communication of any changes, amendments, modifications, updates, revisions, alterations, additions, deletions, replacements, or other variations to these Terms, whether material or immaterial, substantial or minor, shall be deemed to constitute, and shall in all respects be treated as, your full, complete, unconditional, and irrevocable acceptance, agreement, consent, and acknowledgment of such changes. We expressly reserve the absolute, unlimited, and unrestricted right, at our sole, absolute, and unfettered discretion, exercisable at any time and from time to time, to modify, amend, update, revise, replace, supplement, alter, add to, delete from, or otherwise change these Terms in any manner and to any extent, with or without any prior notice, notification, announcement, warning, or communication to users, subscribers, customers, or any other persons or entities whatsoever.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO REVIEW THESE TERMS REGULARLY AND FREQUENTLY TO ENSURE AWARENESS OF ANY CHANGES. YOUR FAILURE TO REVIEW, READ, UNDERSTAND, OR BE AWARE OF ANY CHANGES TO THESE TERMS SHALL NOT CONSTITUTE A DEFENSE, EXCUSE, OR JUSTIFICATION FOR NON-COMPLIANCE AND SHALL NOT RELIEVE YOU OF YOUR OBLIGATIONS HEREUNDER.

By clicking any button or checkbox labeled "I Accept", "I Agree", "Accept", "Agree", "Continue", "Proceed", "Submit", "Register", "Sign Up", or any similar terminology, or by accessing or using the Service in any manner, you represent, warrant, and guarantee that: (a) you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) you have the legal capacity, authority, and right to enter into binding contracts; (c) you are not prohibited by law from using the Service; (d) you have obtained all necessary consents, approvals, and authorizations to agree to these Terms; (e) you are acting on behalf of a legitimate business entity if applicable; and (f) all information provided by you is true, accurate, current, and complete.

2. DEFINITIONS AND INTERPRETATIONS

For purposes of these Terms, and unless the context clearly requires otherwise, the following terms, words, and phrases shall have the meanings, definitions, and interpretations set forth below:

"Account" means the user account created by you to access and use the Service, including all associated credentials, settings, preferences, data, and information.

"Authorized User" means any individual granted access to your Account with your permission or authorization.

"Confidential Information" means any and all information, data, materials, or content disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.

"Content" means any text, data, information, software, graphics, photographs, images, videos, audio, messages, tags, or other materials.

"Documentation" means any user guides, manuals, help files, training materials, or other documentation provided in connection with the Service.

"Fees" means all subscription fees, usage fees, service charges, transaction fees, setup fees, maintenance fees, support fees, or any other charges or payments due under these Terms.

"Force Majeure Event" means any event, circumstance, or cause beyond our reasonable control as further defined in Section 17.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, and any other intellectual property or proprietary rights.

"Service" means the Gas Station Management System software platform and all related services, features, and functionalities provided by us.

"Subscription Period" means the period for which you have subscribed to use the Service.

"User Data" means all data, information, content, materials, and files uploaded, submitted, transmitted, or otherwise provided by you or your Authorized Users to the Service.

"We", "Us", "Our" refers to Gas Station Management System and all related entities as defined in Section 1.

"You", "Your" refers to the individual or entity agreeing to these Terms.

In these Terms, unless the context requires otherwise: (a) headings are for convenience only and shall not affect interpretation; (b) words in the singular include the plural and vice versa; (c) references to "including" mean "including without limitation"; (d) references to "or" are not exclusive; (e) references to "days" mean calendar days unless otherwise specified; (f) references to any statute or regulation include all amendments and replacements; and (g) no provision shall be construed against either party as the drafter.

3. SERVICE DESCRIPTION, SCOPE, AND LIMITATIONS

The Gas Station Management System is a software-as-a-service (SaaS) platform designed, developed, hosted, operated, maintained, and made available by us for the express, limited, and exclusive purpose of providing fuel station owners, operators, managers, administrators, and duly authorized personnel with certain tools, utilities, features, functionalities, and capabilities to assist in managing, monitoring, tracking, recording, analyzing, processing, storing, reporting on, and conducting various aspects of fuel station operations including, but in no way limited to: inventory management and control, fuel tank monitoring and tracking, dispenser operations and management, nozzle reading recording and history, fuel purchase tracking and documentation, sales recording and reporting, supplier management and relationships, customer debt tracking and credit management, employee management and records, financial reporting and analytics, transaction processing and history, pricing management, payment tracking, business intelligence, data analytics, report generation, document management, and other related operational, administrative, financial, and business activities, functions, and processes.

The Service is expressly provided on an "AS IS", "AS AVAILABLE", "WITH ALL FAULTS", and "AT YOUR OWN RISK" basis, without any warranties, guarantees, assurances, representations, promises, commitments, or undertakings of any kind, nature, or description whatsoever, whether express, implied, statutory, collateral, oral, written, or otherwise, including but in no way limited to any and all warranties of merchantability, fitness for a particular purpose, fitness for a general purpose, non-infringement of third-party rights, title, quiet enjoyment, accuracy, completeness, reliability, availability, accessibility, continuity, performance, quality, functionality, suitability, safety, security, freedom from defects, freedom from errors, freedom from bugs, freedom from viruses, freedom from harmful components, or uninterrupted service.

We expressly, explicitly, categorically, and unequivocally do not warrant, guarantee, represent, promise, assure, or undertake that: (a) the Service will meet, satisfy, fulfill, or comply with your specific, particular, unique, or general requirements, needs, expectations, desires, objectives, goals, or business purposes; (b) the Service will be uninterrupted, continuous, timely, prompt, secure, safe, protected, encrypted, error-free, bug-free, defect-free, virus-free, or operate without failures, delays, interruptions, suspensions, or terminations; (c) the results, outputs, reports, analyses, calculations, or information obtained from or through the use of the Service will be accurate, reliable, complete, current, up-to-date, error-free, dependable, trustworthy, or fit for any particular purpose; (d) the quality, performance, functionality, features, or capabilities of any products, services, information, data, content, or other materials obtained, accessed, or available through the Service will meet, satisfy, or comply with your expectations, requirements, or standards; (e) any errors, bugs, defects, problems, issues, malfunctions, or failures in the Service will be detected, identified, corrected, fixed, resolved, repaired, or addressed in any manner or within any timeframe; (f) the Service or the servers, systems, networks, infrastructure, or facilities that make the Service available are or will be free of viruses, malware, spyware, adware, ransomware, trojans, worms, logic bombs, time bombs, or other harmful, malicious, or destructive components, code, programs, or materials; (g) the Service will be compatible with your hardware, software, systems, networks, devices, browsers, or platforms; (h) any particular features or functionality will be available or maintained; or (i) the Service will continue to be offered or supported indefinitely.

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AND AGREE THAT THE SERVICE IS PROVIDED AS A TOOL OR UTILITY TO ASSIST IN YOUR BUSINESS OPERATIONS AND THAT YOU REMAIN SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL BUSINESS DECISIONS, OPERATIONAL CHOICES, FINANCIAL MANAGEMENT, REGULATORY COMPLIANCE, LEGAL OBLIGATIONS, SAFETY MEASURES, AND ALL OTHER ASPECTS OF YOUR BUSINESS OPERATIONS. THE SERVICE DOES NOT AND CANNOT REPLACE PROFESSIONAL JUDGMENT, BUSINESS EXPERTISE, INDUSTRY KNOWLEDGE, OR HUMAN OVERSIGHT.

We reserve the absolute and unrestricted right, exercisable at any time and at our sole discretion, to: (a) modify, alter, change, update, enhance, improve, add to, remove from, or discontinue any features, functions, capabilities, or aspects of the Service; (b) impose new conditions, limitations, restrictions, or requirements on the use of the Service; (c) suspend, interrupt, or discontinue the Service entirely, temporarily or permanently; (d) change the structure, organization, appearance, design, or functionality of the Service; (e) introduce new fees or charges; and (f) take any other actions we deem necessary or appropriate in our business judgment.

4. USER REGISTRATION, ACCOUNT OBLIGATIONS, AND RESPONSIBILITIES

In order to access, utilize, or benefit from certain features, functions, capabilities, or services of the Platform, you may be, and in most cases will be, required to register for an account, create user credentials, establish a username and password, provide personal information, supply business information, furnish contact details, submit payment information, provide billing details, supply tax information, and submit such other data, information, materials, or documentation as may be requested, required, or deemed necessary by the registration process, onboarding procedures, or ongoing account maintenance requirements.

You hereby expressly, unconditionally, and irrevocably agree, promise, covenant, warrant, represent, and undertake to: (a) provide and maintain at all times true, accurate, current, complete, up-to-date, genuine, authentic, valid, and non-misleading information during registration and at all times thereafter throughout the duration of your use of the Service; (b) promptly, immediately, and without delay update, modify, correct, or supplement your registration information, account details, contact information, payment information, and all other data whenever any changes occur or become necessary to keep such information accurate, current, complete, and non-misleading; (c) maintain, protect, preserve, and safeguard the absolute security, confidentiality, and secrecy of your account credentials, passwords, access tokens, authentication codes, security questions and answers, and any other authentication information, login details, or security measures associated with your Account; (d) immediately, without delay, notify us in writing of any known, suspected, or potential unauthorized access, use, disclosure, breach, compromise, theft, loss, or misuse of your account credentials, Account, or security information; (e) accept, assume, and bear all and complete responsibility, liability, and accountability for all activities, actions, transactions, entries, modifications, deletions, communications, data uploads, data downloads, purchases, sales, and any other operations, functions, or uses that occur under, through, or in connection with your Account, whether such activities are authorized by you, undertaken by you, performed by your Authorized Users, conducted by unauthorized third parties, or result from security breaches, regardless of your knowledge, awareness, participation, or consent; and (f) use your Account only for lawful, legitimate, authorized, and proper business purposes in accordance with these Terms and all applicable laws, regulations, and requirements.

You explicitly acknowledge, understand, accept, and agree that you are solely, exclusively, and completely responsible for all use of the Service under your account credentials, login information, and Account, and that we shall not be, and shall never be held to be, liable, responsible, or accountable in any manner or to any extent for any unauthorized access, use, misuse, abuse, exploitation, fraudulent activity, criminal activity, negligent conduct, or wrongful actions conducted through, by means of, or in connection with your Account, regardless of whether such activities were authorized by you, known to you, participated in by you, or completely unknown to you and beyond your control.

We expressly reserve the absolute, unlimited, and unrestricted right, power, and authority, exercisable at our sole, complete, and unfettered discretion, at any time and from time to time, with or without cause, reason, justification, or explanation, and with or without prior notice, warning, or communication, to: (a) refuse, reject, deny, or decline any registration request, account creation request, or application for access to the Service for any reason or no reason whatsoever; (b) suspend, temporarily disable, restrict, limit, throttle, or impose conditions upon any Account, user access, or Service usage at any time; (c) terminate, permanently delete, deactivate, close, or cancel any Account at any time; (d) reclaim, reassign, reallocate, transfer, or modify any usernames, account identifiers, email addresses, or other account-related information; (e) impose limitations, restrictions, conditions, requirements, or prohibitions on account usage, access privileges, feature availability, data storage, bandwidth usage, API calls, or any other aspect of Service utilization; (f) require additional verification, authentication, documentation, or information at any time; (g) freeze, hold, or restrict access to Account data or information; and (h) take any other actions we deem necessary, appropriate, or advisable in our business judgment for security, compliance, business, legal, or any other reasons.

You further agree that you shall not: (a) share, disclose, reveal, or provide your account credentials or login information to any unauthorized third parties; (b) allow, permit, or enable multiple individuals to use a single Account unless explicitly authorized; (c) create, register, or maintain multiple Accounts for the same individual or entity without authorization; (d) sell, transfer, assign, lease, rent, or sublicense your Account to any third party; (e) use another person's or entity's Account without authorization; or (f) attempt to circumvent, bypass, or defeat any security measures, access controls, or usage limitations.

IMPORTANT NOTICE. Any breach, violation, or non-compliance with these account obligations may result in immediate account termination, data deletion, legal action, and pursuit of all available remedies. You acknowledge that account termination for violations is within our absolute discretion and may occur without prior warning.

5. DATA STORAGE, SECURITY, LOSS, DELETION, AND CRITICAL DISCLAIMERS

CRITICAL DATA DISCLAIMER - MANDATORY READING REQUIRED. THIS SECTION CONTAINS ABSOLUTELY CRITICAL INFORMATION REGARDING DATA STORAGE, DATA SECURITY LIMITATIONS, DATA LOSS RISKS, LIABILITY DISCLAIMERS, AND THE COMPANY'S COMPLETE LACK OF RESPONSIBILITY FOR DATA PRESERVATION THAT FUNDAMENTALLY AND SIGNIFICANTLY AFFECT YOUR RIGHTS, YOUR OBLIGATIONS, OUR OBLIGATIONS, OUR LIABILITY, AND THE ALLOCATION OF RISKS BETWEEN YOU AND THE COMPANY. THIS SECTION EXPRESSLY DISCLAIMS ALL WARRANTIES AND GUARANTEES REGARDING DATA SECURITY, DATA INTEGRITY, DATA AVAILABILITY, AND DATA RECOVERABILITY. FAILURE TO READ, UNDERSTAND, AND ACCEPT THIS SECTION MEANS YOU SHOULD NOT USE THE SERVICE.

5.1 Data Storage Infrastructure and Processing

All data, information, records, files, documents, databases, content, materials, communications, entries, inputs, outputs, reports, analytics, calculations, attachments, uploads, downloads, and any other form of information or data of any kind, nature, type, format, or description whatsoever (hereinafter collectively, individually, and severally referred to as "User Data", "Data", "Your Data", "Account Data", "Business Data", "Operational Data", or "Information") that you input, upload, enter, transmit, submit, provide, supply, furnish, communicate, transfer, or otherwise make available to the Service through any means, method, channel, or interface whatsoever, including but not limited to: fuel purchase records and receipts, tank inventory levels and measurements, nozzle readings and meter data, sales transactions and invoices, customer information and profiles, supplier details and contracts, employee records and information, financial data and reports, pricing information and history, payment records and receipts, credit and debt information, business analytics and metrics, notes and comments, attachments and files, images and photographs, documents and forms, configurations and settings, and any other data of any description, shall be stored, retained, maintained, processed, handled, and managed on servers, databases, storage systems, data centers, cloud infrastructure, networks, and other technical facilities, equipment, and systems that are owned, operated, controlled, maintained, managed, or utilized by us, our subsidiaries, our affiliates, our parent companies, or our third-party service providers, hosting providers, cloud infrastructure providers, data center operators, or other contractors and vendors.

5.2 Security Measures, Limitations, and Absolute Disclaimer of Data Security Guarantees

While we may implement, deploy, utilize, maintain, and update certain commercially reasonable, industry-standard, or industry-recognized security measures, protocols, safeguards, controls, technologies, practices, and procedures designed, intended, or purported to protect, secure, safeguard, defend, or preserve User Data from unauthorized access, unauthorized use, unauthorized disclosure, unauthorized modification, unauthorized alteration, unauthorized deletion, unauthorized destruction, theft, loss, corruption, damage, or misuse, including but not limited to: encryption technologies and protocols, access control mechanisms and systems, authentication measures and multi-factor authentication, authorization systems and role-based access controls, firewalls and network security devices, intrusion detection systems and intrusion prevention systems, security information and event management systems, vulnerability scanning and penetration testing, regular security audits and assessments, security patch management and updates, physical security controls and measures, employee background checks and security training programs, data backup procedures and disaster recovery plans, and other technical, physical, administrative, and organizational security measures and safeguards, YOU HEREBY EXPRESSLY, EXPLICITLY, CATEGORICALLY, UNCONDITIONALLY, IRREVOCABLY, AND UNEQUIVOCALLY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AGREE, CONFIRM, AND ADMIT that:

  • NO SECURITY SYSTEM, MEASURE, PROTOCOL, SAFEGUARD, CONTROL, TECHNOLOGY, OR PROCEDURE, REGARDLESS OF HOW SOPHISTICATED, ADVANCED, COMPREHENSIVE, EXPENSIVE, OR WELL-DESIGNED, IS OR CAN EVER BE COMPLETELY, TOTALLY, ABSOLUTELY, OR 100% SECURE, IMPENETRABLE, INVULNERABLE, FOOLPROOF, FAIL-SAFE, OR IMMUNE TO CIRCUMVENTION, COMPROMISE, BREACH, ATTACK, EXPLOITATION, DEFEAT, FAILURE, OR MALFUNCTION
  • Security vulnerabilities, weaknesses, flaws, defects, exploits, zero-day vulnerabilities, and attack vectors exist and may exist in software, hardware, systems, networks, protocols, infrastructure, and all components of the Service
  • Cyber attackers, hackers, malicious actors, criminal organizations, state-sponsored actors, and other unauthorized parties continuously develop, create, and employ new, sophisticated, advanced, and evolving attack methods, techniques, tools, and strategies
  • The threat landscape is constantly changing, evolving, and becoming more sophisticated, making it impossible to protect against all current and future threats
  • Human error, mistakes, negligence, misconduct, or malicious actions by employees, contractors, service providers, or other parties may compromise security
  • Technical failures, system malfunctions, software bugs, hardware failures, or infrastructure problems may compromise data security or availability

ACCORDINGLY, WE EXPLICITLY, EXPRESSLY, CATEGORICALLY, ABSOLUTELY, AND UNEQUIVOCALLY DO NOT GUARANTEE, WARRANT, REPRESENT, PROMISE, ASSURE, UNDERTAKE, OR COMMIT THAT USER DATA WILL BE COMPLETELY SECURE, TOTALLY PROTECTED, ABSOLUTELY PRESERVED, PERFECTLY MAINTAINED, CONTINUOUSLY AVAILABLE, OR FULLY RECOVERABLE AT ALL TIMES, UNDER ALL CIRCUMSTANCES, OR IN ALL SITUATIONS. THE SECURITY AND INTEGRITY OF USER DATA MAY BE, AND IN SOME CASES WILL BE, COMPROMISED, BREACHED, VIOLATED, DEFEATED, OR CIRCUMVENTED DUE TO VARIOUS FACTORS, CAUSES, EVENTS, CIRCUMSTANCES, OR CONDITIONS.

5.3 Comprehensive List of Data Loss, Corruption, and Deletion Causes (Non-Exhaustive)

CRITICAL ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AND IRREVOCABLY AGREE THAT WE CANNOT, DO NOT, AND SHALL NOT GUARANTEE, WARRANT, REPRESENT, PROMISE, OR ASSURE THE PRESERVATION, PERSISTENCE, INTEGRITY, COMPLETENESS, ACCURACY, AVAILABILITY, ACCESSIBILITY, OR RECOVERABILITY OF ANY USER DATA UNDER ANY CIRCUMSTANCES WHATSOEVER. USER DATA MAY BE LOST, PERMANENTLY DELETED, IRREVERSIBLY DESTROYED, IRRETRIEVABLY DAMAGED, CORRUPTED, MODIFIED, ALTERED, COMPROMISED, DISCLOSED, ACCESSED BY UNAUTHORIZED PARTIES, OR BECOME COMPLETELY INACCESSIBLE, UNAVAILABLE, IRRETRIEVABLE, OR UNRECOVERABLE DUE TO ANY OF THE FOLLOWING CAUSES, EVENTS, CIRCUMSTANCES, OR FACTORS (AND THIS LIST IS EXPRESSLY STATED TO BE ILLUSTRATIVE, REPRESENTATIVE, AND NON-EXHAUSTIVE, NOT COMPREHENSIVE, COMPLETE, OR ALL-INCLUSIVE):

A. Technical Failures and System Malfunctions:

  • Server crashes, failures, malfunctions, or breakdowns of any kind
  • Hardware malfunctions, failures, defects, or breakdowns including but not limited to hard drive failures, disk crashes, storage device failures, memory failures, processor failures, motherboard failures, or any other hardware component failures
  • Database corruption, errors, failures, crashes, deadlocks, or data inconsistencies
  • Software bugs, defects, errors, glitches, malfunctions, coding errors, logic errors, or programming mistakes in any software, application, system, or component
  • System errors, operating system failures, kernel panics, blue screens of death, or critical system failures
  • Network outages, disruptions, failures, congestion, or communication breakdowns
  • Power failures, power outages, electrical surges, voltage fluctuations, or power supply problems
  • Infrastructure collapse, equipment failure, or facility problems
  • Backup system failures, backup corruption, or inability to restore from backups
  • Data center failures, cooling system failures, or environmental control failures
  • Storage capacity limitations, out-of-space errors, or resource exhaustion
  • Memory leaks, resource depletion, or performance degradation leading to system failures

B. Security Breaches, Cyber Attacks, and Malicious Activities:

  • Hacking incidents, cyber intrusions, unauthorized penetrations, or security breaches of any kind or nature
  • Cyber attacks including but not limited to distributed denial-of-service (DDoS) attacks, SQL injection attacks, cross-site scripting (XSS) attacks, man-in-the-middle attacks, phishing attacks, spear-phishing attacks, social engineering attacks, or any other type of cyber attack
  • Data breaches, information theft, data exfiltration, or unauthorized data access
  • Ransomware attacks, crypto-locking attacks, or extortion attempts resulting in data encryption, data holding, or data destruction
  • Malware infections including viruses, worms, trojans, rootkits, keyloggers, spyware, adware, or any other malicious software
  • Unauthorized access by hackers, criminals, malicious actors, competitors, or other unauthorized parties
  • Malicious data destruction, intentional data deletion, or sabotage by attackers
  • Account compromises, credential theft, password breaches, or authentication bypass
  • Insider threats, malicious employees, or compromised accounts
  • Advanced persistent threats (APTs), state-sponsored attacks, or sophisticated attack campaigns
  • Zero-day exploits, vulnerability exploitation, or security flaw exploitation
  • Supply chain attacks, third-party compromises, or vendor security incidents

C. Human Actions, Errors, and Misconduct:

  • Accidental deletion by you, your employees, your Authorized Users, or your representatives, whether intentional or unintentional
  • Intentional deletion, purposeful removal, or deliberate erasure of data by you or any user
  • Data overwriting, replacement, or modification by users
  • Improper data entry, incorrect data input, or erroneous data modifications
  • Administrative errors, mistakes, or oversights by any party
  • Human error, negligence, carelessness, or lack of due care by our employees, contractors, or service providers
  • Misconduct, sabotage, or malicious actions by employees, contractors, or other personnel
  • Unauthorized actions by users, administrators, or other parties
  • Configuration errors, system misconfigurations, or improper settings
  • Operational mistakes, procedural errors, or process failures

D. Third-Party Service Provider Issues and Dependencies:

  • Failures, errors, outages, or service interruptions by third-party service providers, hosting providers, cloud infrastructure providers (such as AWS, Google Cloud, Microsoft Azure, or others), data center operators, network providers, or any other third-party vendors or contractors
  • Actions, decisions, or policies of third-party providers beyond our control
  • Third-party security breaches, data breaches, or compromises
  • Third-party service termination, discontinuation, or bankruptcy
  • Third-party contract disputes, service level agreement violations, or performance failures
  • Third-party data loss, data corruption, or data deletion
  • Dependencies on third-party systems, services, or infrastructure

E. Force Majeure Events and Unforeseen Circumstances:

  • Natural disasters including earthquakes, floods, fires, hurricanes, tornadoes, tsunamis, volcanic eruptions, landslides, avalanches, or any other natural calamities
  • Wars, armed conflicts, military actions, terrorism, riots, civil unrest, insurrections, or rebellions
  • Government actions, regulations, orders, mandates, embargoes, sanctions, or legal requirements
  • Epidemics, pandemics, disease outbreaks, or public health emergencies
  • Strikes, labor disputes, work stoppages, or industrial actions
  • Acts of God or any events beyond human control
  • Any other force majeure events as defined in Section 17

F. Account Actions and Service Operations:

  • Account termination, closure, deletion, or deactivation whether initiated by you, initiated by us, or occurring automatically due to non-payment, violations, or other reasons
  • Account suspension, restrictions, or limitations
  • Service discontinuation, shutdown, or termination
  • Data retention policy implementation, data purging, or automated data deletion
  • System maintenance, upgrades, migrations, or updates
  • Service changes, modifications, or restructuring

G. Unforeseen, Unpredictable, and Unknown Circumstances:

  • Any other unforeseen, unforeseeable, unpredictable, unexpected, unanticipated, unprecedented, unknown, or unknowable events, circumstances, conditions, situations, occurrences, developments, or factors that may arise, occur, or exist now or in the future, whether or not similar to the foregoing, and whether or not within our reasonable control or contemplation
  • Emerging threats, new attack vectors, or future vulnerabilities not yet discovered or understood
  • Technological changes, advancements, or obsolescence
  • Any cause whatsoever, whether specified herein or not, foreseen or unforeseen, known or unknown

5.4 User-Initiated Data Deletion and Irreversible Consequences

EXTREMELY IMPORTANT - USER DATA DELETION WARNING. IF YOU DELETE, REMOVE, ERASE, PURGE, OR DESTROY ANY USER DATA THROUGH THE SERVICE INTERFACE, USER INTERFACE, API, ADMINISTRATIVE FUNCTIONS, BULK OPERATIONS, OR ANY OTHER MEANS, METHOD, OR MECHANISM WHATSOEVER, WHETHER SUCH DELETION IS INTENTIONAL, DELIBERATE, PURPOSEFUL, PLANNED, ACCIDENTAL, MISTAKEN, UNINTENTIONAL, OR INADVERTENT, YOU HEREBY EXPRESSLY, IRREVOCABLY, UNCONDITIONALLY, AND COMPLETELY ACKNOWLEDGE, UNDERSTAND, ACCEPT, AGREE, AND CONFIRM THAT:

  • SUCH DELETION MAY BE, AND IN MOST CASES WILL BE, ABSOLUTELY PERMANENT, COMPLETELY IRREVERSIBLE, TOTALLY IRREVOCABLE, AND UTTERLY FINAL WITH NO POSSIBILITY, MEANS, OR METHOD OF RECOVERY, RESTORATION, OR RETRIEVAL WHATSOEVER
  • WE ARE UNDER ABSOLUTELY NO OBLIGATION, DUTY, RESPONSIBILITY, OR REQUIREMENT WHATSOEVER TO MAINTAIN, PRESERVE, RETAIN, STORE, KEEP, ARCHIVE, OR BACKUP ANY COPIES, VERSIONS, OR INSTANCES OF DELETED DATA
  • WE ARE UNDER ABSOLUTELY NO OBLIGATION, DUTY, RESPONSIBILITY, OR REQUIREMENT WHATSOEVER TO RECOVER, RESTORE, RETRIEVE, RECONSTRUCT, RECREATE, OR PROVIDE ACCESS TO ANY DELETED DATA UNDER ANY CIRCUMSTANCES WHATSOEVER
  • ANY RECOVERY ATTEMPTS, RESTORATION EFFORTS, OR RETRIEVAL OPERATIONS, IF UNDERTAKEN BY US AT OUR SOLE, ABSOLUTE, AND UNFETTERED DISCRETION AS A COURTESY OR ACCOMMODATION, MAY BE COMPLETELY UNSUCCESSFUL, PARTIALLY UNSUCCESSFUL, RESULT IN INCOMPLETE DATA RECOVERY, RESULT IN CORRUPTED DATA, RESULT IN INACCURATE DATA, OR MAY NOT BE POSSIBLE AT ALL
  • WE SHALL HAVE ABSOLUTELY NO LIABILITY, RESPONSIBILITY, OR ACCOUNTABILITY WHATSOEVER FOR THE DELETION, LOSS, DESTRUCTION, OR INABILITY TO RECOVER, RESTORE, OR RETRIEVE ANY USER DATA THAT YOU HAVE DELETED, REMOVED, OR ERASED, REGARDLESS OF THE CIRCUMSTANCES, REASONS, OR MANNER OF SUCH DELETION
  • YOU BEAR THE ENTIRE, COMPLETE, TOTAL, AND ABSOLUTE RISK, RESPONSIBILITY, AND CONSEQUENCES OF ANY DATA DELETION ACTIONS YOU PERFORM

5.5 User's Exclusive Responsibility for Data Backup and Protection

YOU ARE SOLELY, EXCLUSIVELY, COMPLETELY, ABSOLUTELY, AND UNCONDITIONALLY RESPONSIBLE FOR: (a) creating, maintaining, preserving, and storing independent, separate, external, off-site, and redundant backups, copies, duplicates, or archives of all User Data on your own systems, storage devices, media, cloud storage services, backup services, or other data storage solutions that are completely independent of, separate from, and not reliant upon our Service or infrastructure; (b) implementing, maintaining, and following your own comprehensive, robust, and effective data retention policies, procedures, and practices; (c) implementing, maintaining, and following your own comprehensive, robust, and effective archival systems, processes, and methodologies; (d) implementing, maintaining, and following your own comprehensive, robust, and effective disaster recovery plans, procedures, and strategies; (e) regularly, frequently, and consistently verifying, checking, validating, and confirming the accuracy, completeness, integrity, and usability of all User Data and all backups; (f) regularly, frequently, and consistently testing, validating, and verifying your backup and recovery procedures to ensure they function properly; (g) ensuring business continuity, operational continuity, and data availability in the event of data loss, data corruption, data unavailability, Service disruption, Service termination, or any other adverse events; and (h) taking all necessary, appropriate, and prudent measures to protect, secure, preserve, and safeguard your User Data.

STRONG RECOMMENDATION. WE STRONGLY, URGENTLY, AND EMPHATICALLY RECOMMEND, ADVISE, ENCOURAGE, AND URGE THAT YOU REGULARLY, FREQUENTLY, CONSISTENTLY, AND DILIGENTLY EXPORT, DOWNLOAD, BACKUP, COPY, DUPLICATE, AND MAINTAIN COMPLETE, COMPREHENSIVE, AND UP-TO-DATE COPIES OF ALL CRITICAL, IMPORTANT, SENSITIVE, OR VALUABLE USER DATA ON YOUR OWN SYSTEMS, STORAGE DEVICES, OR BACKUP SERVICES THAT ARE COMPLETELY INDEPENDENT OF OUR SERVICE. FAILURE TO MAINTAIN ADEQUATE BACKUPS MAY RESULT IN PERMANENT, IRREVERSIBLE, AND CATASTROPHIC DATA LOSS.

5.6 Absolute Limitation of Liability for Data Loss, Corruption, or Unavailability

TO THE MAXIMUM, FULLEST, GREATEST, AND BROADEST EXTENT PERMITTED, ALLOWED, OR AUTHORIZED BY APPLICABLE LAW, STATUTE, REGULATION, OR LEGAL REQUIREMENT IN ANY AND ALL JURISDICTIONS, WE, OUR PARENT COMPANIES, OUR SUBSIDIARIES, OUR AFFILIATES, OUR PARTNERS, OUR LICENSORS, OUR SERVICE PROVIDERS, OUR CONTRACTORS, OUR SUPPLIERS, OUR VENDORS, OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AGENTS, OUR REPRESENTATIVES, AND ALL OTHER RELATED OR ASSOCIATED PARTIES (COLLECTIVELY, THE "COMPANY PARTIES") SHALL NOT BE, AND SHALL NEVER BE HELD TO BE, LIABLE, RESPONSIBLE, ACCOUNTABLE, OR ANSWERABLE IN ANY MANNER, TO ANY EXTENT, OR UNDER ANY THEORY OF LIABILITY WHATSOEVER FOR ANY LOSS, CORRUPTION, DELETION, DESTRUCTION, DAMAGE, ALTERATION, MODIFICATION, UNAUTHORIZED ACCESS, UNAUTHORIZED DISCLOSURE, THEFT, OR UNAVAILABILITY OF USER DATA, REGARDLESS OF THE CAUSE, NATURE, EXTENT, OR CONSEQUENCES OF SUCH LOSS, AND WHETHER ARISING FROM, RESULTING FROM, RELATED TO, CONNECTED WITH, OR CAUSED BY:

  • Security breaches, cyber attacks, hacking incidents, data breaches, or malicious activities of any kind
  • Technical failures, system errors, hardware malfunctions, software bugs, or infrastructure problems
  • Human error, negligence, mistakes, or misconduct by any party
  • Force majeure events, natural disasters, or unforeseen circumstances
  • Actions, failures, or omissions of third-party service providers, vendors, or contractors
  • User-initiated deletion, user errors, or user actions
  • Account termination, suspension, or deletion
  • Service discontinuation, shutdown, or changes
  • Any other cause whatsoever, whether foreseeable or unforeseeable, predictable or unpredictable, known or unknown, disclosed herein or not disclosed herein

YOU HEREBY EXPRESSLY, IRREVOCABLY, UNCONDITIONALLY, COMPLETELY, AND FOREVER RELEASE, DISCHARGE, WAIVE, RELINQUISH, ABANDON, AND HOLD COMPLETELY HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LAWSUITS, PROCEEDINGS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSES, LIABILITIES, OR OBLIGATIONS OF ANY KIND, NATURE, OR DESCRIPTION WHATSOEVER ARISING FROM, RELATED TO, OR CONNECTED WITH DATA LOSS, DATA CORRUPTION, DATA DELETION, DATA UNAVAILABILITY, OR ANY OTHER DATA-RELATED ISSUES OF ANY KIND.

6. ACCEPTABLE USE POLICY AND STRICTLY PROHIBITED CONDUCT

You expressly, unconditionally, and irrevocably agree, covenant, promise, and warrant that you will use the Service only and exclusively for lawful, legitimate, authorized, proper, and appropriate purposes and in strict, complete, and full accordance with these Terms and all applicable local, state, provincial, national, federal, international, foreign, and supranational laws, statutes, regulations, ordinances, rules, directives, orders, requirements, and legal obligations of any kind or nature whatsoever. You further expressly, unconditionally, and irrevocably agree, covenant, promise, and warrant that you will NOT, and will ensure that your Authorized Users will NOT, under any circumstances whatsoever:

  • Use the Service in any manner, way, or form that violates, breaches, contravenes, or fails to comply with any applicable law, regulation, ordinance, rule, directive, order, legal requirement, or legal obligation
  • Use the Service for any illegal, unlawful, criminal, fraudulent, deceptive, misleading, malicious, harmful, abusive, threatening, harassing, defamatory, obscene, pornographic, or otherwise objectionable or unauthorized purpose or activity
  • Attempt to gain, obtain, or achieve unauthorized access, entry, or penetration to any portion, component, feature, function, or aspect of the Service, other users' Accounts, account credentials, User Data, or computer systems, networks, servers, or infrastructure connected to or associated with the Service through hacking, password mining, credential stuffing, brute force attacks, or any other means
  • Interfere with, disrupt, damage, harm, impair, degrade, or negatively impact the operation, functionality, performance, availability, security, or integrity of the Service, servers, systems, networks, or infrastructure
  • Transmit, upload, introduce, inject, or distribute any viruses, malware, spyware, adware, ransomware, trojans, worms, logic bombs, time bombs, corrupted files, or any other malicious, harmful, or destructive code, programs, or materials
  • Engage in any activity, conduct, or behavior that could damage, disable, overburden, overwhelm, impair, or negatively affect the Service infrastructure, servers, networks, or systems
  • Use any automated systems, software, programs, robots, bots, spiders, crawlers, scrapers, data mining tools, or data extraction tools to access, collect, gather, extract, or obtain data, information, or content from the Service
  • Reverse engineer, decompile, disassemble, decode, or attempt to derive, discover, or obtain source code, algorithms, methods, or techniques from the Service or any component thereof
  • Copy, reproduce, duplicate, modify, alter, adapt, translate, create derivative works from, distribute, publish, display, perform, sell, lease, rent, license, sublicense, or exploit any portion, component, or aspect of the Service

WARNING. VIOLATION OF THIS ACCEPTABLE USE POLICY MAY RESULT IN IMMEDIATE ACCOUNT TERMINATION, LEGAL ACTION, CRIMINAL PROSECUTION, CIVIL LIABILITY, AND PURSUIT OF ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES. WE RESERVE THE RIGHT TO COOPERATE FULLY WITH LAW ENFORCEMENT AUTHORITIES AND TO DISCLOSE ANY INFORMATION NECESSARY TO COMPLY WITH LEGAL OBLIGATIONS OR PROTECT OUR RIGHTS.

25. MISCELLANEOUS PROVISIONS

25.1 Entire Agreement and Integration

These Terms, together with our Privacy Policy, Cookie Policy, Data Processing Agreement, Service Level Agreement (if applicable), and any other agreements, policies, guidelines, or documents expressly incorporated by reference herein, constitute the entire, complete, final, and exclusive agreement, understanding, and arrangement between you and us concerning the Service and supersede, replace, and nullify all prior or contemporaneous agreements, understandings, negotiations, discussions, proposals, representations, warranties, communications, or arrangements, whether written, oral, electronic, or otherwise.

25.2 Severability and Reformation

If any provision, clause, section, subsection, paragraph, sentence, phrase, or word of these Terms is found, held, deemed, or determined to be invalid, illegal, unenforceable, void, or contrary to law by a court of competent jurisdiction, arbitrator, or other authority, such provision shall be modified, reformed, or limited to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent and purpose to the greatest extent possible, or if such modification is not possible or permissible, such provision shall be severed, removed, or excised from these Terms, and all remaining provisions, clauses, sections, and terms shall continue in full force and effect and shall not be affected, impaired, or invalidated thereby.

25.3 No Waiver of Rights

No waiver, forbearance, delay, or failure by us to exercise, enforce, or insist upon strict performance of any right, power, privilege, remedy, or provision of these Terms shall be deemed, construed, or interpreted to constitute a waiver of such right, power, privilege, remedy, or provision or any other right, power, privilege, remedy, or provision, nor shall any single or partial exercise of any right, power, privilege, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, privilege, or remedy. All waivers must be in writing and signed by an authorized representative of the Company to be effective.

25.4 Survival of Terms

All provisions, clauses, sections, obligations, responsibilities, liabilities, warranties, representations, indemnifications, limitations of liability, disclaimers, and other terms of these Terms which by their nature, intent, or purpose should survive termination, expiration, or cessation of these Terms or your use of the Service shall survive and continue in full force and effect indefinitely, including but not limited to: Sections 5 (Data Disclaimers), 7 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law), and this Section 25 (Miscellaneous).

25.5 Contact Information

All notices, requests, demands, consents, approvals, communications, or other correspondence required or permitted under these Terms must be in writing and shall be deemed given, delivered, and received when: (a) delivered personally; (b) sent by confirmed email transmission; (c) sent by certified or registered mail, postage prepaid, return receipt requested; or (d) sent by recognized overnight courier service.

Gas Station Management System Legal Department

Email: legal@gasstationms.com

Address: [Your Business Address]

FINAL ACKNOWLEDGMENT AND BINDING AGREEMENT

BY CLICKING "I ACCEPT", "I AGREE", "ACCEPT", "AGREE", OR ANY SIMILAR BUTTON OR CHECKBOX, OR BY ACCESSING, USING, OR CONTINUING TO USE THE SERVICE IN ANY MANNER WHATSOEVER, YOU EXPRESSLY, IRREVOCABLY, UNCONDITIONALLY, AND COMPLETELY: (a) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (b) ACKNOWLEDGE THAT YOU HAVE UNDERSTOOD ALL PROVISIONS OF THESE TERMS; (c) AGREE TO BE LEGALLY BOUND BY ALL TERMS, CONDITIONS, LIMITATIONS, DISCLAIMERS, AND PROVISIONS HEREIN; (d) ACKNOWLEDGE SECTION 5 REGARDING DATA LOSS, SECURITY LIMITATIONS, AND LIABILITY DISCLAIMERS; (e) ACKNOWLEDGE THAT WE CANNOT GUARANTEE DATA SECURITY, PRESERVATION, OR RECOVERABILITY; (f) ACKNOWLEDGE THAT DATA MAY BE LOST DUE TO UNFORESEEN CIRCUMSTANCES, HACKING, TECHNICAL FAILURES, OR USER DELETION; (g) ACKNOWLEDGE YOUR SOLE RESPONSIBILITY FOR MAINTAINING DATA BACKUPS; (h) AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DATA LOSS UNDER ANY CIRCUMSTANCES; AND (i) WAIVE ALL CLAIMS AGAINST US RELATED TO DATA LOSS, SECURITY BREACHES, OR SERVICE UNAVAILABILITY.

© 2025 Gas Station Management System. All Rights Reserved.

This document is a legally binding agreement. Consult with legal counsel if you have questions.

Document Version: 2.3.1 | Last Modified: November 18, 2025