Terms of Service · FillPal

These Terms of Service (the “Terms”) are a binding agreement between you and Yoav Hernes (“FillPal”, “we”, “us”), and govern your access to and use of the FillPal mobile and web applications, this website, and all related services (together, the “Service”). By creating an account, or by accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

1. What FillPal is

FillPal is an informational tool that estimates fuel consumption and fuel cost for car journeys, records trips (including via GPS), and helps groups and carpools suggest how to divide those estimated costs between people. FillPal is a calculation and record-keeping aid only. It is not a financial, accounting, tax, navigation, or advisory service, and it is not a payment service. We are not a bank, money-transfer service, or party to any transaction, debt, or arrangement between you and any other person.

2. Estimates are approximate — verify before you rely on them

Every consumption figure, cost figure, distance, route, city/highway split, calibration factor, and balance that the Service produces is an estimate, generated from mathematical models and from third-party data (such as vehicle economy data, mapping, routing, elevation, and weather sources). Estimates may be inaccurate, incomplete, or out of date, and real fuel use and cost will differ. You must not treat any output of the Service as an exact, authoritative, or guaranteed amount.

You are solely responsible for checking any figure before acting on it, including before paying, requesting, or settling any amount with another person. FillPal does not verify, hold, collect, transfer, or guarantee any money, and takes no responsibility for any payment, non-payment, balance, split, or dispute between users. Any amount owed between users is solely a matter between those users.

3. Eligibility and accounts

You must be at least 18 years old, or the age of legal majority where you live, and able to form a binding contract, to use the Service. You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity that occurs under your account. Notify us promptly of any unauthorised use. If you sign in through a third-party provider (for example Google), your use of that sign-in is also subject to that provider’s own terms.

4. Location data and GPS

Some features record your device’s location, including in the background while a drive is being tracked. You are responsible for granting the permissions you choose to grant, and you may withdraw them at any time through your device settings (which may disable trip tracking). Location accuracy depends on your device, network, and surroundings and may be wrong or unavailable. We are not responsible for battery use, mobile-data charges, device wear, or other effects of location tracking. How we handle location and other personal data is described in our Privacy Policy.

5. Safe and lawful driving

Do not interact with the Service while driving. Set up or review your trip before you start or after you have safely stopped. You are solely responsible for driving safely and lawfully and for obeying all traffic and other laws. To the maximum extent permitted by law, we are not liable for any accident, injury, damage, fine, or violation arising from your use of the Service while operating a vehicle.

6. Acceptable use

You agree not to:

use the Service for any unlawful, fraudulent, or harmful purpose, or in breach of these Terms;
submit information you are not entitled to submit, or impersonate any person;
interfere with, disrupt, overload, or attempt to gain unauthorised access to the Service or its systems;
reverse engineer, decompile, scrape, or copy the Service except as permitted by mandatory law; or
use the Service to infringe the rights of, or to collect data about, any other person without a lawful basis.

7. Third-party services and content

The Service relies on and links to third-party services and data, including mapping, geocoding, routing, elevation, weather, and authentication providers. We do not control and are not responsible for the availability, accuracy, content, or practices of any third party, and your use of them may be subject to their own terms and privacy policies. Any dealings you have with third parties are solely between you and them.

8. Intellectual property

The Service, and all software, text, graphics, logos, and other content we provide (excluding your own content and third-party content), are owned by us or our licensors and are protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. All rights not expressly granted are reserved. You retain any rights in the content you submit, and you grant us the licence necessary to operate, provide, and improve the Service.

9. Availability and changes to the Service

The Service is provided free of charge and we may add, change, suspend, limit, or discontinue any part of it, and may delete data, at any time and without notice or liability. We do not guarantee that the Service will be uninterrupted, timely, secure, error-free, or that any data will be preserved. You are responsible for keeping your own records of anything important to you.

10. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Service and all of its outputs are provided “as is” and “as available”, with all faults and without warranty of any kind, whether express, implied, or statutory. We expressly disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from course of dealing or usage. We do not warrant that any estimate, figure, route, or result is accurate, reliable, complete, or suitable for any purpose.

11. Limitation of liability

To the maximum extent permitted by applicable law, and except for liability that cannot be excluded or limited by law:

we (and our owners, employees, and suppliers) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, savings, or business, whether or not foreseeable and under any theory of liability;
we will not be liable for any loss or dispute arising from your reliance on any estimate, figure, or result, from any payment or non-payment between users, from third-party services, from location tracking, or from your use of the Service while driving; and
our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the total amounts you actually paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) ₪100.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for your statutory consumer and data-protection rights. Because some jurisdictions do not allow certain exclusions or limitations, some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

12. Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless Yoav Hernes and its owners, employees, and suppliers from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your content, your breach of these Terms, or your violation of any law or of any third party’s rights.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without cause or notice, including if we believe you have breached these Terms. Provisions that by their nature should survive termination — including Sections 2, 10, 11, 12, and 14 — will survive.

14. Governing law and jurisdiction

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The competent courts of Tel Aviv-Yafo, Israel, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction — except where mandatory law grants you the right to bring proceedings in the courts of your place of residence.

15. Language

These Terms are provided in English and Hebrew. The Hebrew version is available at fillpal.app/he/terms. In the event of any conflict or inconsistency between the two versions, the Hebrew version prevails.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above, and material changes may be signalled in the Service. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, stop using the Service.

17. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

18. Contact

Questions about these Terms: [email protected].