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CALL SONNY TERMS OF SERVICE

Last updated: 08/2020

Welcome to Call Sonny, a technology platform that enables users of to arrange and schedule logistics services, including delivery of fuel and other products and services (collectively, the “Services”) provided by SMART Fuel, LLC D/B/A Call Sonny, a Puerto Rico limited liability company (the “Company”, “us”, “our”, and/or “we”). 

  1. Acceptance of Terms

Please read the Terms of Service (“Terms of Service” or “Terms”) set forth below, as they constitute a binding legal contract between you (hereinafter, “User” or “you”) and the Company.

These Terms of Service govern your access and use of www.callsonny.app and/or mobile application (the “Site”) and the Services. By entering and/or using our Site now or in the future, whether you register or not as a User, you agree to be legally bound by the Terms of Service set forth below. In order to use this Site, you must agree to all the terms, conditions and notices below, including the Company’s Privacy Policy. If you do not accept all of these terms and conditions, please discontinue the use of the Site and do not request any Services.

  1. Modifications to the Terms

Company reserves the right, at its sole discretion, to discontinue or modify the Site and Services, and any of our Terms, including the Charges, other fees associated with the Services, and/or Privacy Policy as we deem necessary or desirable, without prior notice. If we make any changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting a notice of the change on this Site. Any changes to these Terms will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to any transactions prior to the effective date of such changes, which will appear on the top of this page. Therefore, we suggest that you maintain your Account updated with your latest email address to receive the latest notices and/or  re-read this important notice containing our Terms and Privacy Policy from time to time in order to stay informed as to any such changes. Please be advised that any use of the Site and Services by you after such notice has been posted on the Site or sent to you via e-mail, shall be deemed to constitute acceptance by you of such modifications. If you find that the modified Terms are unacceptable, you have the right to terminate these Terms and please discontinue your use of the Site and Services. 

  • Services
  1. User Account Creation and Requirements

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number, vehicle year, make, license plate, vehicle identification number, and model, as well as at least one valid payment method (either a credit card or other accepted payment method). Multiple vehicles can belong to one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.

 

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to Company or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.

 

  1. Geolocation

You agree to allow Company to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience. You may disable your geolocation but be advised this may impact Services from Company to you. We will not disclose your geolocation to any third parties without your consent.

 

  1. Payment of Membership Fee

Membership fees are nonrefundable and there are no refunds or credits for partially used periods. You can cancel your membership at any time, but unused billing periods will be charged until the end of the agreed term. Your membership fee will automatically renew for the same agreed upon period unless written notice is provided at least 30 days prior to the renewal. Your notices can be sent to info@callsonny.app.

  1. Payment of Services

You understand that use of the Services may result in charges to you for the services or goods you receive from Company (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Company. All Charges are due immediately and payment will be facilitated by Company using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Company may use the secondary payment method from your Account, if available. You agree that Company will send you a receipt by your choice of email or text message, and/or through the Site. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. 

  1. Modification and Cancellation of Services

Company, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. Company may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.

 

Company may, at its sole discretion, elect to not fill a requested vehicle if Company deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Company, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Company, no payment will be charged. The Account holder will be notified.

  1. Gratuities

Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.

  1. Text Messages

We may send you messages for the purpose of delivering the Services and improving your customer experience – for example, if we need to contact you if we are not able to locate your vehicle. Message and data rates may apply. Message frequency varies depending on your activity of the Service.

  1. Third Party Services

The Services may be made available or accessed in connection with third party services and content (including advertising) that Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Company does not endorse such third-party services and content, and in no event shall Company be responsible or liable for any products or services of such third-party providers.

  1. Intellectual property
  1. Company Rights

All trademarks, service marks, logos, trade names and any other proprietary designations of Company used herein are trademarks or registered trademarks of Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Unless otherwise agreed to by Company, we do not grant you any right or license to use our trademarks, service marks, logos, trade names and any other of our proprietary designations, whether registered or unregistered.

The Site, and Services are protected by copyright, trademark, and other federal and state laws of the Commonwealth of Puerto Rico. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.

 

The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (a) in or related to the Services except for the limited license granted herein; or (b) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.

 

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Site solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and noncommercial use. Any rights not expressly granted herein are hereby reserved by Company and Company’s licensors.

 

  1. User Content

Company may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to Company, however, you grant Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

 

You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (b) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You agree to not provide User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade sect, moral right or other intellectual property rights or rights of publicity or privacy; (ii) violate or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, or offensive; (v) promotes discrimination, bigotry, racism hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.

  1. Copyright Compliance

Company respects the intellectual property rights of others and expects its Users to do the same.

It is Company’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the Account or access of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, as amended, Company will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Company’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of the Notice as described below, Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent at info@callsonny.app.

  1. Disclaimers and Limitation of Liability

YOU USE THE COMPANY SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. COMPANY SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL.

 

COMPANY ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

  1. Indemnity

You are responsible for your use of the Services, and you will indemnify and hold Company and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Company Entities”) from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

  • Dispute Resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Commonwealth of Puerto Rico and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in San Juan, Puerto Rico. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

  • Governing Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Juan, Puerto Rico or a Puerto Rico District Court, San Juan District located in San Juan, Puerto Rico for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

  1. Termination

The Terms will be in effect until they are modified or terminated. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, terminate the Terms. You may terminate the Terms at any time by sending us an email to info@callsonny.app

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account. You may deactivate or cancel your Account at any time. Upon the limitation, suspension, deactivation or cancellation of your Account by you or us, , any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Account, your User Content, or receive assistance from Customer Service, (b) any pending Services will be cancelled, (c) we may refund any non consumed Charges.  Please note that if your Account is cancelled, (i) you may not have a right to restore your Account, (ii) we do not have an obligation to delete or return to you any User Content you have posted to the Site and Services and (ii) you may not register a new Account or access and use the Site through a Account of another Member.

  1. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Site, Services, Collective Content, and any bookings of Complementary Services and bookings or Listings of Facilities made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding bookings or listings of Facilities, the Site, Services, and Collective Content.

  1. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • General

To the extent that we need to contact you, you agree that we may do so via electronic means, including, but not limited to email communications through the information you provided in your account. Notices sent by email shall be deemed received when they are sent by Company.

The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  • Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@callsonny.app. You acknowledge and agree that all Feedback will be the sole and exclusive property of Company and you hereby irrevocably assign to Company and agree to irrevocably assign to Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Company’s request and expense, you will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  • Contact

If you have any questions about these Terms, please contact the Company at info@callsonny.app.