Fuel AI Terms of Service

SECTION 1 — License Grant & Use of the Service

1.1 License Grant

Subject to your compliance with these Terms and your executed Order Form, and your payment of all applicable fees, Fuel AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes and only for the number of Authorized User seats purchased in your Order Form. "Authorized User" means an individual employee or contractor whom you authorize to use the Service under a purchased seat.

1.2 Restrictions

You will not, and will not permit any third party to: (a) resell, sublicense, rent, lease, time-share, or otherwise provide the Service to any third party except as expressly permitted; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, model weights, or underlying structure of the Service, except to the extent this restriction is prohibited by applicable law; (c) use the Service to build or train a competing product or service; (d) circumvent or exceed usage limits, seat counts, or technical restrictions; (e) introduce malicious code or interfere with the integrity, security, or performance of the Service; or (f) use the Service in violation of these Terms, your Order Form, applicable law, or any Upstream Provider acceptable use policy.

1.3 Acceptable Use

Your use of the Service is also governed by the Acceptable Use and Data provisions of your Order Form. You are responsible for all activity occurring under your account and your Authorized Users' credentials.

SECTION 2 — Intellectual Property

2.1 Fuel AI Intellectual Property

Fuel AI and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, models, trained model weights, user interfaces, documentation, and all related intellectual property rights. Except for the limited license expressly granted in Section 1, these Terms do not grant you any right, title, or interest in the Service or Fuel AI's intellectual property.

2.2 Customer Data and AI Outputs

As between the parties, you retain ownership of your Customer Data and of AI outputs generated by the Service from your data and prompts, as further described in Sections 3 and 4. Your rights in AI outputs remain subject to Fuel AI's underlying rights in the Service.

2.3 Feedback

If you provide Fuel AI with suggestions, ideas, or feedback regarding the Service, you grant Fuel AI a perpetual, irrevocable, worldwide, royalty-free license to use that feedback to operate and improve the Service, without obligation or attribution to you.

SECTION 3 — AI-Specific Terms

3.1 AI Outputs

The Service incorporates artificial intelligence and machine learning technologies. AI-generated outputs are probabilistic in nature and may be inaccurate, incomplete, outdated, or inappropriate for your specific use case. Fuel AI does not warrant that any AI output is accurate, complete, or fit for any particular purpose.

You are solely responsible for reviewing, validating, and determining the appropriateness of any AI output before acting on it or distributing it to third parties. AI outputs should not be relied upon as a substitute for professional advice, including legal, financial, medical, or compliance advice.

As between Fuel AI and you, you retain ownership of outputs generated by the Service using your data and prompts, subject to Fuel AI's underlying rights in the Service. You are responsible for ensuring that your use of AI outputs complies with applicable laws and does not infringe third-party rights.

3.2 Personalization Features

Fuel AI offers optional personalization features that build a personal AI communication model for each Authorized User ("Your Model"). Depending on which features an Authorized User chooses to enable, personalization may draw on inputs such as personality slider settings, a personality assessment, optional third-party personalization integrations, and writing samples the user provides, such as emails or documents, in each case to enable AI-generated content that reflects the user's communication style, tone, and voice. Not all features are available to every user or at all times, and Fuel AI may add, modify, or discontinue personalization features and the inputs they use over time.

Personalization is entirely optional. Each feature can be activated or deactivated independently from the user's account settings. No personalization feature collects or uses any data until the Authorized User provides affirmative, individual consent to that specific feature and its inputs through Fuel AI's in-app consent flow at the time of first activation.

3.3 Personalization Data and Consent

Before any personalization data is collected, each Authorized User must individually consent to that specific data source through Fuel AI's in-app consent mechanism. Consent is:

• Specific to each data source, such as personality assessment, personality slider settings, optional third-party integrations, or writing samples such as emails or documents;
• Collected at the moment of first activation of that feature;
• Logged with a timestamp associated with the user's account; and
• Voluntary — users who decline consent retain full access to the core platform.

Toggling a personalization feature off pauses data collection for that source. The user's existing model is preserved and resumes updating if the feature is reactivated. To request deletion of data from a specific personalization source, users may contact privacy@fuelai.com.

3.4 Personal Model — Ownership and Scope

Fuel AI owns the technical infrastructure, trained model weights, and AI system constituting Your Model. Each Authorized User's right to access and use their Model exists during their active subscription.

Your Model is personal to you. Underlying personalization data — including any writing samples, third-party integration data, and personality assessment results — is never shared with other users in identifiable form. Your employer, if they have purchased your seat, may access AI-generated outputs produced by Your Model but does not have access to your underlying personalization data.

Fuel AI does not use your Customer Data, Contact data, conversation history, message content, or AI interaction data to train, fine-tune, or improve Fuel AI's general AI models in any way that identifies you or exposes your content to other users. In anonymized, aggregated, non-identifiable form, usage patterns may contribute to general improvements to Fuel AI's platform capabilities — never in a way that exposes individual content, communications, or identity to any other user.

3.5 Employer Access and Employee Departure

Your employer's right to access Your Model and generate new content using Your Model terminates immediately upon the earlier of: (a) you notifying Fuel AI at privacy@fuelai.com of your departure from your employer; or (b) deactivation of your seat by your employer. Fuel AI will confirm termination of employer access within two (2) business days of receiving notice.

Content generated by Your Model during your active employment relationship remains the property of your employer. No new content may be generated using Your Model on behalf of your former employer after termination of access.

3.6 Model Retention Following Subscription End

Following the end of your active subscription — whether through cancellation, expiration, or account closure — Your Model and associated personalization data will be retained for thirty (30) days. During this period you may contact Fuel AI to arrange continued access or model archiving. After thirty (30) days, Your Model and personalization data will be permanently deleted. Fuel AI will send a deletion notice to your registered email address prior to scheduled deletion.

SECTION 4 — Data, Privacy, and Security

"Customer Data" means any data, content, or information submitted by you or your Authorized Users to the Service. As between Fuel AI and you, you retain all rights, title, and interest in and to your Customer Data. You grant Fuel AI a limited, non-exclusive license to process Customer Data solely as necessary to provide the Service to you and as described in these Terms and the Privacy Policy.

Fuel AI's Privacy Policy, available at fuelai.com/privacy, is incorporated into these Terms by reference and governs Fuel AI's collection, use, and disclosure of personal information in connection with the Service.

You agree not to submit to the Service:

• Data you are not authorized to process or share under applicable law;
• Non-public personal financial information regulated under the Gramm-Leach-Bliley Act (GLBA), including borrower financial data, loan application information, credit history, income data, Social Security Numbers, or any other personally identifiable financial information — unless Fuel AI has expressly agreed in writing to accommodate such processing;
• Payment card data subject to PCI-DSS requirements;
• Sensitive personal data of children under the age of 13;
• Protected health information (PHI) as defined under HIPAA, including patient medical records, diagnoses, treatment or clinical notes, ICD/CPT codes, or any health information you create, receive, maintain, or transmit as, or on behalf of, a HIPAA covered entity; or
• Regulated data of any other category unless a separate written agreement expressly authorizes that processing.

If you operate in a regulated industry — including mortgage lending, financial services, insurance, securities, or legal services — you are solely responsible for ensuring your use of the Service and AI outputs complies with all applicable laws, regulations, and regulatory guidance including without limitation ECOA, the Fair Housing Act, GLBA, and applicable CFPB guidance on AI in financial services. Fuel AI does not represent that the Service is designed or certified for use in any specific regulated industry workflow.

For information about Fuel AI's personalization data practices, including how email, behavioral, and personality data is collected and used with your consent, see Section 3.2 through 3.6 above and Fuel AI's Privacy Policy Section 8A.

4.1 Eligibility; No HIPAA-Regulated Use

The Service is intended for businesses that do not conduct HIPAA-standard electronic transactions and are not "covered entities" under HIPAA with respect to their use of the Service. By accessing the Service, you represent and warrant that, with respect to your use of the Service, you are not a HIPAA covered entity and are not a business associate using the Service on behalf of a covered entity, and that you will not submit Protected Health Information (PHI) to the Service. You agree to notify Fuel AI promptly in writing if your status changes such that this representation is no longer accurate.

The Service is not designed, configured, or authorized for the submission or processing of PHI, and Fuel AI does not provide a HIPAA Business Associate Agreement under these Terms. Fuel AI may suspend or terminate your access if it reasonably determines that you are a covered entity with respect to your use of the Service, or that PHI has been submitted to the Service. Healthcare and PHI use cases require a separate written agreement; contact legal@fuelai.com.

4.2 Consumer Health Data

You acknowledge that Contacts may voluntarily provide health-related information when inquiring about or scheduling services, and that such information may constitute "consumer health data" under state laws including the Washington My Health My Data Act, Nevada SB 370, and similar laws. With respect to any consumer health data processed through the Service, Fuel AI acts solely as your processor or service provider: it processes such data only to provide the Service and on your documented instructions, does not sell it, and does not use it for its own purposes. You are the controller of consumer health data, and you are solely responsible for providing any legally required notices to Contacts, obtaining any legally required consents, maintaining any required consumer health data privacy policy, and honoring applicable consumer rights requests. Fuel AI will provide reasonable assistance with verified consumer rights requests to the extent the Service permits.

4.3 Security and Breach Notification

Fuel AI implements commercially reasonable technical and organizational measures designed to protect Customer Data. In the event Fuel AI becomes aware of a security incident that has resulted in, or is reasonably likely to result in, unauthorized access to Customer Data, Fuel AI will notify affected customers within 72 hours of becoming aware of the incident. Notification will include the nature of the incident, categories of data affected, and steps Fuel AI is taking to address it. This notification obligation does not constitute an admission of liability.

4.4 Data Retention

Fuel AI retains Customer Data for as long as necessary to provide the Service. Following termination of your subscription, Fuel AI retains Contact data, conversation history, and message content for up to 90 days to allow for data retrieval requests, comply with legal obligations, resolve disputes, and enforce agreements. After 90 days, this data is deleted except where longer retention is required by applicable law. Personalization model data is retained for 30 days following subscription end per Section 3.6. Fuel AI will provide written confirmation of deletion upon your written request.

SECTION 5 — SMS, Messaging, and A2P Compliance

5.1 Fuel AI's Registration

Fuel AI is registered with The Campaign Registry (TCR) as an A2P 10DLC brand and operates registered messaging campaigns in compliance with applicable carrier requirements and the Telephone Consumer Protection Act (TCPA). Fuel AI assists its clients with their own TCR brand and campaign registration as part of the onboarding process.

5.2 Fuel AI's Messages to You

By providing your mobile phone number and affirmatively opting in, you agree to receive SMS/text messages from Fuel AI. Messages may include account updates, onboarding communications, support messages, product notifications, appointment or demo reminders, and, where separately consented to, marketing or promotional messages.

Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Reply HELP for assistance or contact support@fuelai.com. Consent to receive marketing messages is not a condition of purchasing any goods or services.

Fuel AI does not sell, rent, or share mobile phone numbers, SMS opt-in data, or SMS consent status with third parties or affiliates for their marketing or promotional purposes.

5.3 Outbound Messaging on Your Behalf

Fuel AI's platform enables you to send SMS, MMS, email, and voicemail drops to your contacts and prospects through the Service. You are solely responsible for:

(a) Obtaining valid consent. Before using the Service to send any outbound communication to a contact, you must obtain the legally required consent from that contact for the type of communication you intend to send. For SMS and MMS messages, this requires prior express written consent under the TCPA, with clear and conspicuous disclosure that the contact will receive automated marketing text messages, identifying you as the sender, and not made a condition of any purchase.

(b) Maintaining consent records. You must maintain accurate, complete records of consent obtained from each contact, including the date, method, and scope of consent. Fuel AI may request evidence of consent in connection with compliance inquiries or carrier investigations. Failure to produce consent records on request may result in suspension of your outbound messaging access.

(c) Compliance with applicable law. Your outbound messaging campaigns must comply in all respects with the TCPA, applicable FCC rules and orders, the CAN-SPAM Act for email communications, state telemarketing and privacy laws including without limitation laws in California, Texas, Virginia, Florida, and Washington, and all applicable carrier requirements and The Campaign Registry campaign guidelines.

(d) Message content. You agree not to send through the Service any message that is deceptive, misleading, or fraudulent; contains false or misleading claims; violates applicable law; constitutes spam; or violates carrier content policies. You are solely responsible for all content sent through the Service using your account.

(e) Opt-out compliance. You must honor all opt-out requests — including STOP replies to SMS — immediately and permanently. You may not send further messages to a contact who has opted out. Fuel AI's platform processes STOP replies automatically, but you remain responsible for ensuring opt-outs are honored across all channels and systems.

(f) Consent for all Contacts, regardless of source. You must have, and be able to produce to Fuel AI promptly on request, valid prior express written consent for automated messaging for every Contact you message through the Service, regardless of how or where the Contact was obtained. You acknowledge that Fuel AI does not source Contacts, does not control or verify how You obtained any Contact or its consent, and relies entirely on Your representations and records in this regard. Notwithstanding the foregoing, You may not message any Contact obtained from a scraped, harvested, or aged or re-sold ("recycled") list, each of which is deemed to lack valid consent. Failure to produce consent records on request may result in suspension of Your outbound messaging access under Section 5.5.

5.4 TCR Registration Assistance

Fuel AI provides assistance with TCR brand registration and campaign registration as part of onboarding. You acknowledge that:

• TCR registration requires accurate, complete information about your business and messaging use cases;
• You are responsible for the accuracy of information provided for TCR registration;
• Registration approval is subject to TCR and carrier review and is not guaranteed;
• Campaign registration must accurately describe the messages you intend to send — using a registered campaign for purposes outside its approved use case violates carrier policies and these Terms;
• You must notify Fuel AI promptly of any material changes to your business or messaging use cases that may affect your TCR registration.

Fuel AI's assistance with TCR registration does not constitute legal advice and does not guarantee compliance with TCPA, FCC rules, or carrier requirements. You are responsible for obtaining independent legal counsel regarding your messaging compliance obligations.

5.5 Fuel AI's A2P Compliance Role

As the platform provider, Fuel AI maintains its own TCR registration and carrier relationships on behalf of its messaging infrastructure. Fuel AI monitors platform-level compliance and may suspend or restrict your outbound messaging access if your messaging activity generates complaint rates, opt-out rates, or carrier filtering events that threaten Fuel AI's platform compliance standing, without prior notice where immediate action is required.

5.6 Liability for Outbound Messaging

You agree to defend, indemnify, and hold harmless Fuel AI, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, penalties, fines, and expenses — including reasonable attorneys' fees — arising from your outbound messaging campaigns, including without limitation any TCPA violation, carrier penalty, TCR violation, or regulatory action arising from messages sent through the Service using your account. Fuel AI's liability for outbound messaging sent by you through the Service is expressly limited as set forth in Section 8.

Where an executed Order Form contains additional or broader indemnification obligations, those obligations supplement and do not replace this Section.

SECTION 6 — Payment Terms

Fees, payment schedules, usage charges, billing cycles, and early termination terms applicable to your subscription are set forth in your executed Order Form. In the event of any conflict between these Terms and your Order Form — including but not limited to conflicts regarding fees, payment, data handling, indemnification, or service terms — the Order Form controls.

Fuel AI will not activate your account, begin onboarding, or perform setup until payment is received and confirmed as set forth in your Order Form. All fees are stated in U.S. dollars.

Unpaid amounts past due are subject to a finance charge of 1.5% per month or the maximum permitted by applicable law, whichever is lower, plus reasonable costs of collection. Fuel AI reserves the right to suspend access to the Service for material non-payment of undisputed amounts upon written notice.

Fuel AI reserves the right to modify fees upon at least thirty (30) days' prior written notice. Continued use of the Service after the effective date of a fee change constitutes acceptance of the revised fees. Fee changes apply only to future billing cycles and auto-replenish purchases — credits already held in a client's balance are consumed at rates in effect at the time of purchase.

For complete pricing, usage fee schedules, billing terms, early termination fees, and payment authorization details, refer to your executed Order Form.

SECTION 7 — Warranty Disclaimer

7.1 "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FUEL AI AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

7.2 No Guarantee of Results

Fuel AI does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that AI outputs will be accurate, complete, current, or reliable. As described in Section 3.1, AI outputs are probabilistic, and you are solely responsible for reviewing and validating them before relying on or distributing them. As an actively-developed AI platform, the Service and its features may change over time.

7.3 Jurisdictional Limits

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.

SECTION 8 — Limitation of Liability

8.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUEL AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO FUEL AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 Exceptions

The limitations in Sections 8.1 and 8.2 do not apply to: (a) your indemnification obligations under these Terms or your Order Form; (b) your payment obligations; (c) either party's liability for gross negligence, willful misconduct, or fraud; or (d) any liability that cannot be limited or excluded under applicable law.

8.4 Responsibility for AI Outputs

You are solely responsible for any decisions made or actions taken in reliance on AI outputs, and Fuel AI will have no liability arising from such reliance. This allocation reflects the probabilistic nature of AI outputs described in Section 3.1.

8.5 Allocation of Risk

The limitations in this Section apply notwithstanding the failure of essential purpose of any limited remedy and reflect an agreed allocation of risk between the parties that is reflected in the fees. Where your Order Form specifies different limitation-of-liability terms, the Order Form controls.

SECTION 9 — Force Majeure

Neither party is liable for any delay or failure in performance resulting from causes beyond that party's reasonable control, including natural disasters, acts of God, government actions, war, terrorism, civil unrest, pandemic, labor disputes, internet or telecommunications infrastructure failures, or Upstream Provider outages outside Fuel AI's reasonable control, each a "Force Majeure Event."

The affected party must notify the other in writing within five (5) business days of becoming aware of a Force Majeure Event. If Fuel AI is unable to provide the Service for more than thirty (30) consecutive days due to a Force Majeure Event, Client may terminate the affected Order Form without early termination penalty upon written notice. Force majeure does not excuse Client's payment obligations for services already rendered prior to the Force Majeure Event.

SECTION 10 — Dispute Escalation

Before either party initiates legal proceedings, other than for injunctive or emergency relief, the parties agree to attempt good-faith resolution through direct negotiation for a period of thirty (30) days following written notice identifying the dispute in reasonable detail. Senior representatives of each party with authority to resolve the dispute shall participate in good faith. If the dispute is not resolved within 30 days, either party may pursue its available legal remedies.

This escalation requirement does not apply to: (a) Fuel AI's right to collect undisputed fees; (b) either party's right to seek injunctive or emergency relief; or (c) disputes arising from a party's insolvency or bankruptcy.