Effective Date: April 1, 2026
These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, and other products or services (collectively, the "Services") provided by Visibility Fuel LLC ("Visibility Fuel," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You may use our Services only in compliance with these Terms and all applicable laws and regulations. You agree not to misuse our Services or interfere with their normal operation. We reserve the right to suspend or terminate your access at any time, for any reason, without notice or liability.
All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, software, and source code — are the exclusive property of Visibility Fuel LLC or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
If our Services allow you to submit, post, or transmit content ("User Content"), you retain ownership of your User Content. However, by submitting User Content, you grant Visibility Fuel a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, and display such User Content in connection with operating and improving our Services.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate the rights of any third party.
If you believe that any content on our Services infringes your copyright, please send a written notice to info@visibilityfuel.com containing the following information:
We reserve the right to remove any content alleged to be infringing without prior notice and at our sole discretion.
Our Services may contain links to third-party websites or services that are not owned or controlled by Visibility Fuel LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Visibility Fuel LLC shall not be liable for any damage or loss caused by or in connection with your use of any such third-party websites or services.
Certain features of our Services may require payment. If you purchase any paid features, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated in writing. We reserve the right to change our pricing at any time, with notice to active subscribers. Failure to pay may result in suspension or termination of your access to paid features.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, VISIBILITY FUEL LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Visibility Fuel LLC and its officers, directors, members, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our Services, your violation of these Terms, or your violation of any rights of a third party.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in the State of Missouri. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Visibility Fuel LLC.
Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
Visibility Fuel LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, power outages, internet or telecommunications failures, cyberattacks, or strikes.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Services.
We may revise these Terms at any time by updating this page. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Missouri.
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, including all rights and obligations, without restriction and without notice to you, including in connection with any merger, acquisition, reorganization, or sale of assets. Any attempted assignment in violation of this section shall be null and void.
The failure of Visibility Fuel LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term. Any waiver must be in writing and signed by an authorized representative of Visibility Fuel LLC to be effective.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Visibility Fuel LLC regarding your use of our Services and supersede all prior agreements and understandings.
If you have questions about these Terms, please contact us at info@visibilityfuel.com.