Terms of Service

These Terms govern your use of wrkfuels.com and the backstore management software subscription sold through it. Read Section 9 (Limitation of Liability) and Section 12 (Dispute Resolution) closely. Section 12 requires most disputes to be resolved by individual arbitration and limits your ability to bring a class action. You may opt out of arbitration within 30 days.

1. Agreement and parties

These Terms are a contract between you and WRK STORES LLC, a limited liability company organized under the laws of the State of California, with its principal place of business at 92 Corporate Park STE C/2016, Irvine, CA 92606. We do business as WRK Fuels. In these Terms, "we," "us," and "our" mean WRK STORES LLC. "You" means the person or entity using the site or the subscription.

By using the site or subscribing, you accept these Terms. If you do not accept them, do not use the site.

If you accept on behalf of a company, you confirm you have authority to bind that company, and "you" means that company.

These Terms are for business use. Our services are sold to businesses and their operators. By subscribing, you confirm you are acting for business purposes and not as a consumer buying for personal, family, or household use.

2. What these Terms cover, and what they do not

These Terms cover:

• Use of wrkfuels.com
• The backstore management software subscription purchased through this site

These Terms do not cover hands-on station management, on-site operations, staffing, or consulting. Those are separate services, quoted separately, and provided only under a separate written agreement signed by both parties. Nothing on this website is an offer to provide those services, and subscribing to the software does not entitle you to them.

Where you have a signed services agreement with us and it conflicts with these Terms, the signed agreement controls for the services it covers.

3. The software subscription

3.1 What you get

The backstore management software subscription gives your business access to the backstore platform hosted at wrkfuels.veecli.com for your back-office operations, for the duration of a paid subscription.

The subscription is a licence to use the software. It is not a sale, and no ownership passes to you.

3.2 Third-party platform

The backstore platform is operated by Veecli, a third-party provider. Your use of it is also subject to Veecli's own terms and privacy policy. We do not control Veecli's infrastructure, uptime, release schedule, or feature decisions.

If Veecli materially changes or discontinues the platform, we will tell you as soon as we reasonably can and will either arrange a comparable alternative or cancel your subscription and stop billing you. That is the extent of our obligation in that situation.

3.3 What is not included

The subscription does not include employee management, on-site operations, bookkeeping performed by us, vendor negotiation, compliance filing, or consulting, unless a separate signed agreement says so.

4. Subscription terms, billing, and cancellation

This section describes an automatically renewing subscription. Please read it.

4.1 Price and renewal

The subscription is 200 US dollars per month, charged to your payment method on the day you subscribe and on the same day each month after that.

The subscription renews automatically every month until you cancel. There is no fixed term and no minimum commitment. You will be charged each month, at the then-current price, unless and until you cancel.

4.2 How to cancel

You may cancel at any time, for any reason, by any of these methods:

• Emailing info@wrkfuels.com with a cancellation request
• Emailing info@wrkfuels.com with a cancellation request
• Using the cancellation option in your Stripe billing portal, if you were given a link to it

Cancellation is effective at the end of the monthly period you have already paid for. You keep access until then. We will not charge you again after you cancel. You do not need to give a reason and we will not require a phone call to process it.

We will confirm your cancellation in writing. If you do not receive confirmation within 2 business days, contact us, because we did not receive the request.

4.3 Refunds

Monthly fees are not refundable in part. If you cancel mid-month, you keep access for the remainder of that paid month and are not charged again.

We will refund a full monthly charge where we billed you in error, charged you after a valid cancellation, or where the platform was unavailable for a substantial portion of the month due to something within our control.

4.4 Price changes

We may change the price. We will give you at least 30 days' written notice by email before a change takes effect. The new price applies from your next renewal after the notice period. If you do not want to pay it, cancel before then.

4.5 Failed payments

If a payment fails, we may retry it and will notify you. If it remains unpaid after 10 days, we may suspend access until it is resolved. If it remains unpaid after 30 days, we may cancel the subscription. Suspension does not waive fees already owed.

4.6 Taxes

Prices exclude sales, use, and similar taxes. You are responsible for those, except taxes on our net income.

5. Your responsibilities

You agree to:

• Give accurate information when you subscribe and keep it current
• Keep your login credentials confidential and not share them outside your business
• Tell us promptly if you believe your account has been accessed without permission
• Use the software only for your own business operations
• Comply with all laws that apply to your business, including fuel, environmental, employment, tax, and health regulations

You agree not to:

• Resell, sublicense, or make the software available to a third party as a service
• Reverse engineer, decompile, or attempt to derive source code, except where law permits it despite this restriction
• Interfere with the security or integrity of the site or platform, or attempt to access data belonging to another customer
• Use automated tools to scrape or overload the site
• Upload malicious code, or content that is unlawful or that you have no right to upload

You remain responsible for your business. The software helps you organize your back office. It does not make you compliant with any law and it does not discharge any duty you owe to a regulator, a lender, an employee, or a tax authority. Decisions about your business remain yours.

6. Your data

You keep all rights to the data you put into the platform. We claim no ownership of it.

You grant us a limited licence to host, process, and display that data as needed to provide the service and support you, and to comply with the law.

You are responsible for the accuracy and legality of the data you upload, including having the right to upload employee and vendor information.

On cancellation, you may request an export of your data within 30 days. After that, we and Veecli may delete it under our normal retention practices. Keep your own copies of anything you need for tax or compliance purposes. We are not your system of record.

Our handling of personal information is described in our Privacy Policy.

7. Our intellectual property

The website, its content, our logos, the name WRK Fuels, and the software made available to you are owned by us or our licensors and are protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the site and the software for your own business purposes while your subscription is active. That is the only licence granted. All other rights are reserved.

You may not use our name or logo without written permission, except to state factually that you are a customer.

8. Availability and disclaimers

8.1 No uptime guarantee

We do not promise the site or the platform will be available without interruption. We aim for high availability, but we do not offer a service level agreement and do not provide uptime credits, unless a signed agreement with you says otherwise.

We may perform maintenance, and we may need to do it without notice in an emergency.

8.2 Disclaimer of warranties

THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the site or software will meet your requirements, that it will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that data or reporting will be accurate or complete.

Nothing we provide is legal, tax, accounting, environmental, or regulatory advice. Reporting the software produces is a tool for running your business, not a substitute for your accountant, attorney, or compliance advisor. Get professional advice before acting on it.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

9. Limitation of liability

Read this section carefully. It limits what you can recover from us.

9.1 Excluded damages

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any of the following, whatever the theory of liability and even if we were told such damages were possible:

• Lost profits, lost revenue, or lost sales, including fuel or in-store sales
• Business interruption, including any period the site or platform is unavailable
• Loss, corruption, or inaccuracy of data, including reporting, inventory, or reconciliation data
• Lost goodwill or reputational harm
• Regulatory fines, penalties, or assessments levied against your business
• The cost of substitute services
• Losses arising from decisions you made in reliance on the software or its output
• Losses caused by a third-party provider, including Veecli, Stripe, or your payment processor

9.2 Liability cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU ACTUALLY PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

This cap applies across all claims in aggregate, not per claim.

9.3 What is not limited

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by negligence.

9.4 Allocation of risk

You acknowledge that the pricing of the subscription reflects this allocation of risk, that these limits are a fundamental basis of the bargain between us, and that they apply even if a limited remedy fails of its essential purpose.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. California Civil Code section 1542 is expressly waived to the extent permitted, in respect of released claims.

10. Indemnification

You will defend, indemnify, and hold harmless WRK STORES LLC, its members, officers, employees, and agents from any third-party claim, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of:

• Your use of the site or software
• Your breach of these Terms
• Data you uploaded, including any claim it infringed rights or was unlawfully collected
• Your violation of any law
• Your operation of your business, including employment, environmental, and regulatory matters

We will notify you of any claim, let you control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

11. Term, suspension, and termination

These Terms apply while you use the site or hold a subscription.

You may cancel at any time under Section 4.2.

We may suspend or terminate your access, with notice where practical, if you materially breach these Terms, if payment remains unpaid under Section 4.5, if we reasonably believe your use creates a security or legal risk, or if we discontinue the subscription entirely. If we discontinue the service, we will give you at least 30 days' notice and refund any prepaid unused fees.

Sections 6 (your data, as to export), 7, 8, 9, 10, 12, and 13 survive termination.

12. Dispute resolution and arbitration

Please read this section carefully. It affects how disputes are resolved and limits class actions.

12.1 Informal resolution first

Before starting a formal proceeding, you agree to contact us at privacy@wrkfuels.com and describe the dispute, and to give us 30 days to resolve it. Most problems get fixed at this stage. We agree to do the same before bringing a claim against you.

12.2 Binding arbitration

If informal resolution does not work, any dispute arising out of or relating to these Terms, the site, or the software will be resolved by binding individual arbitration, rather than in court, except as stated in Sections 12.4 and 12.5.

Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules, or its Streamlined Rules where the amount in dispute qualifies. The rules are at https://www.jamsadr.com.

• Seat: Orange County, California
• Arbitrators: one
• Language: English
• Governing law: California, as set out in Section 13.1

The arbitrator decides all issues, except that a court decides whether Section 12.3 is enforceable. The arbitrator may award any relief a court could award to that individual party. Judgment on the award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act governs the interpretation and enforcement of this section.

12.3 Class action waiver

Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one party and may not preside over any form of representative proceeding.

If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court under Section 13.2, and the rest of this Section 12 continues to apply to all other claims.

12.4 Exceptions

Either party may:

• Bring an individual claim in small claims court if it qualifies
• Seek injunctive or equitable relief in court to protect intellectual property or confidential information, or to stop unauthorized access to the site or software

12.5 Your right to opt out of arbitration

You may opt out of Section 12.2 and Section 12.3 within 30 days of first accepting these Terms.

To opt out, send written notice to privacy@wrkfuels.com, or to WRK STORES LLC, 92 Corporate Park STE C/2016, Irvine, CA 92606, stating your name, the email address on your account, and that you are opting out of arbitration.

Opting out does not affect anything else in these Terms, and we will not treat you differently for doing it. If you opt out, disputes are resolved under Section 13.2.

12.6 Costs

Each party bears its own attorneys' fees unless the arbitrator awards them where a statute or these Terms allow. Filing and arbitrator fees are allocated under the JAMS rules.

13. General

13.1 Governing law

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Venue

For any dispute not subject to arbitration, or where you have opted out under Section 12.5, the state and federal courts located in Orange County, California have exclusive jurisdiction. Both parties consent to that jurisdiction and waive any objection based on venue or inconvenient forum.

13.3 Jury trial waiver

To the extent a dispute proceeds in court, both parties knowingly and voluntarily waive any right to a trial by jury.

13.4 Force majeure

Neither party is liable for a failure to perform caused by something outside its reasonable control, including natural disaster, fire, flood, war, terrorism, civil unrest, labor dispute, epidemic, government action, utility or telecommunications failure, internet or hosting outage, or the failure of a third-party provider. This does not excuse your obligation to pay amounts already owed.

13.5 Changes to these Terms

We may update these Terms. We will change the "Last updated" date and post the revised version.

For a material change affecting subscribers, we will give at least 30 days' notice by email before it takes effect. If you do not accept the change, cancel before the effective date. Continuing to use the service after that date means you accept the revised Terms.

Changes do not apply retroactively to a dispute we already have notice of.

13.6 Assignment

You may not assign these Terms without our written consent, except to a successor of your business that assumes them in full. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

13.7 Entire agreement

These Terms, the Privacy Policy, and any signed services agreement are the entire agreement between us on this subject and supersede all prior discussions. Marketing statements on the website are not warranties or contractual promises.

13.8 Severability

If a provision is held unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed if it cannot be. The rest stays in effect.

13.9 No waiver

Failing to enforce a provision is not a waiver of it. A waiver is effective only in writing and only for the instance given.

13.10 Relationship

Nothing here creates a partnership, joint venture, employment, or agency relationship. Neither party may bind the other. This is true even where we perform back-office work for you: we act as an independent contractor within an agreed scope, and you remain the owner and operator of your business.

13.11 Notices

Notices to you go to the email address on your account. Notices to us go to privacy@wrkfuels.com and to:

WRK STORES LLC
92 Corporate Park STE C/2016
Irvine, CA 92606

Email notice is effective when sent, absent a bounce. Mailed notice is effective 3 business days after posting.

14. Contact

WRK STORES LLC dba WRK Fuels
92 Corporate Park STE C/2016
Irvine, CA 92606
United States

General: info@wrkfuels.com
Billing: info@wrkfuels.com
Legal: privacy@wrkfuels.com