Shell Application: General Terms and Conditions of Use and End User License Agreement (“terms and conditions of Use”)

PLEASE BE ADVISED THAT Articles 8, 12 AND 21 CONTAIN PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST Shell WILL BE RESOLVED.

If you (the “User”, “You”, “Your” or “Yours”) do not agree to these Terms and Conditions of Use, please do not access or use the App or any functionality thereof.

These Terms and Conditions of Use must be read in conjunction (i) with other agreements into which you and Shell may enter, and (ii) with our Privacy Policy. To the extent these Terms and Conditions of Use conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms and Conditions of Use conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

1. Owner and Operator Information

1.1. The App is owned and operated by Shell Information Technology International B.V., a company whose registered office is at Carel van Bylandtlaan 30, Den Haag, 2596 HR, The Netherlands (“SITI”).

1.2. The App is provided in the fifty (50) U.S. states, Washington D.C. and Puerto Rico (the “U.S.A.”) by Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”).

1.3. For the purpose of these Terms and Conditions of Use, any reference to “Shell”, “we” or “us” may be a reference to Shell, the Shell group of companies in general, or to any one company within the Shell group of companies if no useful purpose is served by identifying that specific company.

2. User Restrictions and Access

2.1. User agrees to abide by the safe usage of the App as outlined in the application.

2.2. The App is intended for individuals who are 18 years or older or the age of majority per the applicable laws for the jurisdiction in which they are located. The App is for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. It should not, under any circumstances, be accessed or used by an individual while driving, and should only be used in your vehicle while parked.

2.3. In order to use certain current or future functionalities of the App (including the ability to earn and redeem Fuel Rewards^® savings as outlined below), User may be required to create a Shell Pay & Save account, create a Fuel Rewards^® account (or sign in as a Fuel Rewards^® program member) and/or link your preferred third-party payment method to those accounts (each, a "Registered User"). If You are a Registered User, then We will treat anyone who uses Your username and password as "You". We will provide this user with all of the rights that We provide to You, and We will hold You responsible for the activities of anyone using Your username and password. We recommend that You keep Your username and password in strict confidence, and that You do not share this information with anyone who might "pretend" to be You with respect to the use of the Shell Pay & Save app. Please notify Us immediately if You suspect that someone is using Your username and/or password inappropriately. Our contact information is included in Section 17 (Complaints Procedure) below.

2.4. Be aware that the use of some of the functionalities of the App require access to the Internet.

3. Acceptable use

3.1. Users may:

a. access the functions of the App which you have enabled; and
b. print off one copy of any or all the pages of these Terms and Conditions of Use for your own personal non-commercial use.

3.2. Users may not:

a. except as permitted above, copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the App (including User Generated Content (defined herein below), unless it is your own User Generated Content that you legally post to the App or associated forum). These restrictions apply in relation to all or part of the Content (as defined below);
b. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App;
c. without the written authorized permission of Shell, which such request should be made in accordance with provision 3.3 herein, link to the App;
d. use the App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system;
e. use the App in a way which could damage, disable, overburden, impair or compromise Shell’s systems or security or interfere with other users;
f. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App; or
g. change or delete any ownership notices from materials downloaded or printed from the App;
h. circumvent or modify any App security technology or software, without express written consent from Shell.

3.3. If you wish to provide a hypertext or other link to this App, please email the SITI-MLM-Support@shell.com with details of:

a. the URL(s) of the web page(s) from which you are proposing to link to this App; and
b. the URL(s) of the web page(s) on this App to which you are proposing to link.

3.4. Shell may, at its sole discretion, agree to or reject any request made in accordance with Section 3.3 above. Shell has no obligation to agree to any such request or to provide any reason for accepting or rejecting any such request.

4. Shell Terms and Conditions for Pay & Save

4.1. User's Shell Pay & Save (“Pay & Save”) account can be used to make purchases through the App on User’s Device and/or through various third-party platforms, at participating Shell stations in the U.S.A. Participating stations are identified in the Shell station locator which is accessible via the App. Participating Pay & Save stations can also be identified with mobile pay acceptance decals at the dispenser and on the door of the convenience store.

4.2. To enable Pay & Save within the App on your Device, you must create a Shell Pay & Save account and link to your preferred third-party payment method. After linking your preferred third-party payments method, transaction made using Pay & Save at participating Shell-branded retail outlets will be charged to your preferred third-party payment method. By enabling Pay & Save, you authorize all purchases made from your Pay & Save account. Shell makes no representations or warranties with respect to third-party payment methods and in no event shall Shell be liable for any payment methods, products or services offered by such third parties.

4.3. Device accepted payment methods:

a. Card on File: Any use of Card on File to manually enter your debit or credit payment cards is subject to P97 Networks, Inc. terms and conditions, which can be found here. P97 and associated marks are trademarks of P97 Networks Inc.
b. Apple Pay: Any use of Apple Pay is subject to the Apple Pay terms and conditions which can be found here. Apple Pay is a trademark of Apple Inc.
c. Samsung Pay: Any use of Samsung Pay is subject to the Samsung Pay terms and conditions which can be found here. Samsung Pay is a trademark of Samsung Electronics Co., Ltd.
d. Google Pay: Any use of Google Pay is subject to the Google Pay terms and conditions which can be found here. Google Pay is a service and trademark of Google Payment Corp.
e. PayPal: Any use of PayPal is subject to the PayPal terms and conditions which can be found here. PayPal is a trademark of PayPal, Inc.
f. Shell eGift Card: Any use of Shell eGift Card is subject to terms and conditions which can be found here.

In accessing or using the Pay & Save on Your Device, You agree and understand that carrier rates and fees may apply, and that You are responsible for any cost associated with accessing or using the Pay & Save.

4.4. In addition to the payment methods identified in Section 4.3, Shell branded payment methods are only available for use if you have linked an active Fuel Rewards® account to your Shell Pay & Save account.

4.5. Device accepted payment methods available only to App users who have linked to an active Fuel Rewards® account:

a. Shell Branded Cards: Any use of a Shell Drive for Five Card, Shell Platinum Mastercard, Shell | Fuel Rewards Card and/or Shell | Fuel Rewards MasterCard is subject to the Shell Card Terms and Conditions which can be found here.
b. Shell S Pay powered by Buy It Mobility Networks Inc (“BIM”): Any use of checking accounts through BIM is subject to the BIM terms and conditions, which can be found here. In order to participate in BIM payment services, a consumer must successfully complete an enrollment process, which requires certain personal and banking information that will be verified by BIM. BIM, upon its sole discretion, shall determine whether a consumer has successfully completed the enrollment process and is qualified to use BIM payment services. BIM may, at its discretion, suspend a BIM subscriber and/or a BIM merchant location from completing BIM transactions. BIM and associated marks are trademarks of Buy It Mobility Networks Inc.

5. Fuel Rewards® Program Terms and Conditions and Current Pay & Save Offers

5.1. To enable the ability to earn and redeem your Fuel Rewards^® savings as part of Pay & Save, you must create a Fuel Rewards^® account or have an active Fuel Rewards^® account, and link your Fuel Rewards^® account to your Pay & Save account (through the App using your Device) using your Fuel Rewards^® user name and password. The Fuel Rewards program^® is owned and operated by Excentus Corporation. Any use of the Fuel Rewards^® program will also be subject to the Fuel Rewards^® Program Terms and Conditions, which can be found at https://www.fuelrewards.com/fuelrewards/terms.html and require consent to the Excentus Corporation Privacy Policy which can be found at https://www.fuelrewards.com/privacy.html.

5.2. All Fuel Rewards® savings associated with Pay & Save detailed in Article 5 of these Terms and Conditions of Use (the “Current Offers”) are subject to the terms of this Section

5.2: Savings are limited up to 20 gallons, per purchase, per vehicle or fraud limits placed by Shell and/or limits placed on your payment method by your financial institution, each of which may be lower. Fuel Rewards savings must be redeemed in a single transaction. Dispenser may require a price of up to 10.9¢ per gallon. For purchases of $75 or more, please go inside to pay. Unbranded diesel and alternative fuels may not be eligible. It may not be possible to combine multiple discounts and/or rewards in a single transaction. Void where prohibited by law. Other restrictions apply. Unless specified otherwise below, information on rewards expiration and full details can be found here. Shell reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend all Current Offers at any time.

5.3. Redeem Fuel Rewards savings by using the Shell App on your Device, your Fuel Rewards card, or Alt ID at participating Shell stations. Certain Pay & Save Offers may have other limits on how they are redeemed as described below.

5.4 Mobile device Introductory Offer. Users who have an active Fuel Rewards® account, enable mobile payment through the App on their mobile device and make their first purchase of a minimum of 10 gallons of fuel using Pay & Save through the App at a participating Shell station in the U.S.A. will earn a one-time 25¢/gal off a future fuel transaction up to 20 gallons, per purchase, per vehicle. The 25¢/gal savings will be applied in the User’s Fuel Rewards® account, and such one-time reward may be combined with other rewards in the User’s Fuel Rewards® account. 25¢/gal off a future fuel transaction promotion may expire without notice, while supplies last. Other restrictions may apply.

5.5 Mobile device Continued Use Offer. Users who have an active Fuel Rewards^® account, enable mobile payment through the App on their mobile device and make 1 fuel purchase of a minimum of 10 gallons (“First Purchase Date”) and then make 3 additional fuel purchases of a minimum of 10 gallons each within 30 days of the First Purchase Date at a participating Shell station in the U.S.A. with the Pay & Save function of the App will earn 5¢/gal off a future fuel transaction using up to 20 gallons, per purchase, per vehicle. The 5¢/gal off earned towards a future fuel transaction will be applied in the User’s Fuel Rewards^® account, and such reward may be combined with other rewards in the User’s Fuel Rewards^® If the User does not make the required 3 additional fuel purchases of a minimum of 10 gallons each at a participating Shell station within 30 days of the First Purchase Date, any purchases made during the thirty day period will be removed from the User’s purchase history for purposes of earning rewards.

5.6. Shell S Pay On-going Offer. Users who have a Fuel Rewards® account and have enrolled in Shell S Pay through the App on their mobile device will save 10¢/gal when purchasing up to 20 gallons of fuel at a participating Shell station using Shell S Pay as their payment method in the App on their mobile device. This 10¢/gal includes the savings associated with your Fuel Rewards® program Gold or Silver, or 15¢/gal for Platinum status. Fuel Rewards® membership is required and is a pre-requisite to obtain 10¢/gal savings, or 15¢/gal for Platinum /up to 20 gallons. These savings can only be redeemed using the App on their mobile device with Shell S Pay as the payment method.

6. End User License Agreement to the Shell Sky (For EV Users only)

6.1 EV Charging Information. Shell Sky is the platform used by Shell to provide EV charging (“Shell Sky”) and provides You with information that assists User with Your EV driving experience (collectively, "EV Charging Information") including: (i) location services to find the closest EV charger to You; (ii) information about Your charging status and experience; and (iii) means to save Your favorite charging locations. Shell Sky is not available in every location and certain functionalities may not be available to You. THE EV CHARGING INFORMATION IS BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE RELIED ON FOR ANY PURPOSES.

6.2 Charging and Payment.

a. Shell Sky Network. You are required to pay all fees applicable to Your use of any Shell Sky EV chargers (each, a "Shell Sky Charger"). You may be able to pay such fees at the stations, via top-ups, or using other payment methods that We may make available. In order to pay such fees, You may also be required to load a minimum amount of dollar value to Your account using a credit or debit card or other payment method. Any dollar value that You load to Your account: (i) is a prepayment for the goods and services offered to You through the Shell Sky and Your payment method may not be charged until Your first attempt to make a payment; (ii) will be refunded back to Your payment method on file if You cancel Your enrollment in the Shell Sky; (iii) may be available for use through the Shell Sky after a delay from the time of loading; and (iv) is not insured by the Federal Deposit Insurance Corporation (FDIC) and does not earn interest. Shell Sky may impose limits on the amount that You may load to Your account, and may change such limits in its sole discretion and at any time without notice to You. If You are required to pay fees to Shell Sky, then it is Your responsibility to review Your bank statements, billing statements, payment methods, and Shell Sky to ensure that payments made to Shell Sky are valid. In the event of a payment issue, You must submit the issue to Shell Sky within thirty (30) days of the charge using the contact methods set out in Section 17 (Complaints Procedure) below – if You fail to submit the issue to Us within that period, no refund may be available to You.

b. EV Roaming Network. The Shell Sky may provide You with an option to initiate EV charging and pay for charging stations from certain third-party EV charging providers (each, a "Roaming Charger") even if You are only a Shell App User. If this option is provided to You through the Shell App, then You can use the Shell App to initiate and process charging the same way You do with a Shell Sky Charger. Please be aware that although We offer You the ability to use the Shell App to initiate and process charging for Roaming Chargers, Shell does not own or operate Roaming Chargers, and additional terms and conditions may apply to Your use of the Roaming Chargers as further set forth in Section 6.3 (Links to Third Party Platforms and Services). Accordingly, Shell is unable to provide You with troubleshooting or support for Roaming Chargers.

c. Purchases. The Shell Sky will specify, at the time of Your purchase, applicable fees payment methods, and other details regarding Your order. All purchases are final and there shall be no refunds or credits except as otherwise provided in this Terms and Conditions of Use, indicated by Shell Sky in writing, or as required under applicable law. All transactions are void where prohibited by applicable law. Shell Sky may request information from You in order to confirm the purchase and the method of payment, and Our use of any such payment information that You provide shall be governed by Our Privacy Policy. If You fail to pay any amounts when due, Shell Sky reserves the right to terminate or suspend Your access to the Shell Sky or other product or service.

6.3. Links to Third Party Platforms and Services and Estimates. The Shell Sky may contain links or references to third party platforms and services (including Roaming Chargers). We have no control over these other platforms and services or their content and do not assume responsibility or liability for any content, opinions, or material available on them. We do not endorse the content of any third party platform, nor do We warrant that a third party platform will be free of computer viruses or other harmful code that can impact Your computer or other web-access Device. If You link to any third-party platform through the Shell Sky, please be aware that You are doing so at Your own risk. We encourage You to review any third party platform's terms of use and privacy policy as those, and not this Terms and Conditions of Use and Privacy Policy, are applicable to Your use of their platform and any information that such platform collects. Any estimates or projections on potential savings, rebates, incentives, or environmental impact provided by Shell Sky or third parties are for general illustrative and/or informational purposes only, may be subject to additional terms, and are not to be relied on or guaranteed.

6.4 Support Services. During the Term, Shell Sky shall use commercially reasonable efforts to make the Shell Sky available to You without significant interruption or material deviations of the Shell Sky from its applicable documentation (each, an "Error"). If the Shell Sky experiences material Errors that are not due to scheduled downtime or as a result of events beyond Shell Sky' control, then Shell Sky shall use commercially reasonable efforts to restore the intended functionality.

6.5 Grant of Rights to Use the Shell Sky. Notwithstanding anything to the contrary herein, Shell Sky, under its IPR, hereby grants to You, a limited, non-exclusive, non-transferrable, and non-sublicensable license to access and use the Shell Sky as it is made available to You solely for Your personal use, and subject to Your compliance with this Terms and Conditions of Use.

6.6 Your Grant of Rights to Shell Sky.

a. License to Your Data. You hereby grant Shell Sky, under Your IPR, a non-exclusive, irrevocable, perpetual, sub-licensable (including to Shell Sky's affiliates), transferable, royalty-free, and fully paid license to use, display, publish, and reproduce Your Data for purposes of Shell Sky performing its obligations under this Terms and Conditions of Use and otherwise providing the Shell Sky, complying with federal, state, and local law, utilities and/or government program requirements, providing related goods and services, and other Shell Sky business purposes.

b. Feedback. You, under Your IPR, hereby grant to Shell Sky a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid-up, sublicensable, and transferrable license to use and exploit Your suggestions, recommendations, and ideas relating to the Shell Sky or Shell Sky's business (collectively, the "Feedback") for any and all purposes and for as long as Shell Sky sees fit. By way of clarification, and not limitation, You agree that (i) You have no expectation of review, compensation, or other consideration for Shell Sky' use and exploitation of Feedback, and (ii) Shell Sky is free to use and exploit the Feedback in Shell Sky's sole discretion and without compensation or other obligation to You.

6.7 Ownership. Other than those rights expressly granted to You under this Terms and Conditions of Use, Shell Sky, and its subcontractors, service providers, and licensors (as the case may be) retain all right, title, and interest in and to: (i) the Shell Sky and its components, including all IPR embodied therein; (ii) Shell Sky confidential information; and (iii) any improvements or modifications thereto.

6.8 Analytics. Shell Sky shall be entitled to collect, generate from any dataset or source, compile, analyze, share, process, and otherwise use (a) statistical data related to Your use of the Shell Sky or Your Data, and (b) other data that qualifies as De-Identified Data (collectively, the "Shell Sky Analytics"). The term "De-Identified Data" means information that meets each of the following criteria: the information (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number, or raw MAC address, a particular device or computer associated with or used by a person; (iii) does not identify You; and (iv) is not reasonably linkable to a particular natural person due to technical, legal, or other controls. No compensation shall be paid by Shell Sky with respect to its use of Shell Sky Analytics.

6.9 Your Representations and Warranties. You represent and warrant to Shell Sky that: (i) Your Data and Feedback do not and shall not infringe the IPR of a third party; (ii) You shall not upload any virus or malicious code to the Shell Sky; (iii) You have the full power and authority to enter into this Terms and Conditions of Use and to carry out Your obligations herein; (iv) You own all right, title, and interest in and to Your Data and Feedback necessary to permit the access, use, and processing of Your Data and Feedback in accordance with this Terms and Conditions of Use; (v) You are not located in a country that is subject to a U.S. Government embargo; (vi) You are not in violation of the United States Foreign Corrupt Practices Act of 1977, the United Kingdom Bribery Act 2010, or any other applicable laws that prohibit tax evasion, money laundering or otherwise dealing in the proceeds of crime or the bribery of, or the providing of unlawful gratuities, facilitation payments, or other benefits to, any government official or any other person; (vii) You are not in violation of US trade control laws and comply with all applicable laws concerning trade or economic sanctions or embargoes, restricted party lists, trade controls on the import, export, re-export, transfer or otherwise trade of goods, services, software, or technology, including those of the European Union, the United Kingdom and the United States of America and are not listed on any U.S. Government list of prohibited or restricted parties. You will not re-export or transfer the APP or Dashboard, in any form, directly or indirectly, to any person or entity prohibited by law.

7. Mobile Services

The use of the App on your Device is free, but be aware that your carrier´s normal rates apply. The App contains services and features that are available to certain Devices. By using the App on your Device, you agree that we may communicate with you by electronic means to your Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we do not send your messages to the person who acquired your old number.

8. User Generated Content; User Disputes

8.1. “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other App users post or otherwise make available on or through the App on your Device, except to the extent that such content is owned by or licensed to Shell.

8.2. Shell is not responsible or liable for User Generated Content or user conduct. You are solely responsible for your User Generated Content, your interactions with other users of the App and your activity on the App. You agree not to post any content or make any communications which may expose Shell or any of the App’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic context or is otherwise objectionable.

8.3. You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the App. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.

8.4. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to Shell a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

8.5. Should any part of the App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of Shell.

8.6. Do not use the App or any functionality thereof for any commercial purpose.

8.7. Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from this App.

8.8.Do not provide any false personal information about yourself. You confirm not to create more than one Shell account, create a Shell account on behalf of another individual, group or entity, or transfer your profile or account. Do not use or try to use another person's account, mobile phone number, username or password.

8.9. Shell reserves the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.

8.10. Shell has no obligation to prescreen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out prescreening, monitoring, editing or removal of User Generated Content.

8.11. If you have a dispute with another user, then you hereby release Shell (and our officers, directors, agents, employees, and affiliates) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

9. Indemnification

You agree to indemnify, defend and hold harmless Shell, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of Content, your use of the App on any Device or any violation of these Terms and Conditions of Use or the Privacy Policy (each a "Third Party Claim"), any law or the rights of any third party. We shall give you timely notice of, and have the option to undertake and conduct the defense of any such Third Party Claim if we determine in our discretion that you are not diligently prosecuting such defense.

10. Security

If you choose or are provided with a username, password or any other piece of information as part of Shell’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via the Device and Shell is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

11. Intellectual Property Rights (“IPR”)

11.1 All intellectual property contained in or on the App (except for User Generated Content and content provided by third party companies) is owned by Shell or its licensors. All content in the App (except for User Generated Content and content owned by third party companies) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (collectively, “Content”) is a collective work under applicable copyright laws and is the proprietary property of Shell. Shell reserves all of its rights in respect of the IPR contained in the App and in respect of the Content.

11.2 In particular, this App contains trademarks including, but not limited to, the mark "Shell" and the Shell emblem. All trademarks included on this App are owned by SITI or its licensors. Shell reserves all of its rights in respect of the trademarks included on this App.

11.3 No Implied Rights. Nothing in this Terms and Conditions of Use shall be construed as granting You any rights, IPR owned by Shell, SITI, or its licensors other than those expressly provided herein or in Acknowledgment by Third Party Licenses. Any rights granted to You under this Terms and Conditions of Use must be expressly provided herein, and there shall be no implied rights pursuant to this Terms and Conditions of Use, based on any course of conduct or other construction or interpretation thereof. All rights and licenses not expressly granted to You herein are expressly reserved by Shell. You shall have no right to, and You shall not, copy, imitate, or use the name or logo of Shell or any of its parents or affiliates without Shell legal officer's written consent. All right, title and interest in and to any data compiled and provided in the App, any content thereon, all technologies and content created, derived or related to stations are the sole and exclusive property of Shell.

12. Data Protection and Privacy Policy

12.1 Privacy Policy. Personal details and other information relating to you provided to any Shell company through this App will only be used by Shell in accordance with our Privacy Policy (Motorists, Loyalty, Shell App users and visitors to Shell websites) (which policies are incorporated into these Terms and Conditions of Use by this reference). Please read these policies carefully before continuing. Shell reserves the right to make changes to its Privacy Policies; any such changed policies will be posted at https://www.shell.us/privacy.html and/or within this App.

12.2 Provision of Your Data. You shall be solely responsible for securing all rights in any data that You provide to SRS via Shell Sky (collectively, "Your Data"). We will treat Your Data in accordance with Our Privacy Policy. Shell Sky may allow You to submit, post, upload, or otherwise provide to Us, at Your choice, comments, feedback, data, information, documents, or other materials. You agree You will not provide any such materials that are unlawful, obscene, harmful, hateful, infringing or invasive of the rights of others, objectionable, or otherwise prohibited by this Agreement or applicable law. You agree that SRS has the right to monitor any activity and content associated with the SRS Platform, including Your Data. We may investigate any reported violation of this Agreement or complaints relating to the App, and may take any action that We believe is appropriate including, but not limited to, removing Your Data and terminating or suspending Your access to the App. For the avoidance of doubt, Your Data expressly excludes any of the following: (i) charging data; (ii) data generated by the charging station and/or Shell Sky software, (iii) De-Identified Data; and (iv) other data to that Shell otherwise has rights, and that Shell may have generated with or without the use of Your Data.

12.3 Monitoring and Data Collection. You agree that We have the right and discretion to monitor any activity and content associated with the App. We may investigate any reported violation of this Terms and Conditions of Use or complaints relating to the App and may take any action that We believe is appropriate including, but not limited to, removing materials from the App and terminating or suspending Your access to the App. Your installation and/or use of the App signifies Your agreement to allow Shell to collect certain information regarding Your use of the App in accordance with Our Privacy Policy as set out in Section 12.1. By creating an account, You agree to receive notices, agreements, disclosures, or other communications from Shell via electronic means, including, but not limited to, emails, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of Your relationship with Shell and You receive them as part of Your use of the App. You therefore hereby agree that any such notices, agreements, disclosures, or other communications that Shell sends to You electronically will satisfy any legal requirements, including that such communications be in writing. Furthermore, You understand and agree that installation of the App permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any updates or upgrades. However, Your refusal of an update or upgrade may impact the performance of the App.

13. Disclaimer and Liability

13.1 You are responsible for the accuracy of the information that you enter or submit into the App. While Shell does its best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, Shell cannot guarantee the accuracy of such information.

13.2 To the fullest extent permitted by law, SHELL PROVIDES THE APP AND PAY & SAVE FUNCTIONALITY THROUGH YOUR DEVICE ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION AND USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT YOU USE THE APP AND PAY & SAVE FUNCTIONALITY AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO THE DEVICE THROUGH WHICH YOU ACCESS THE APP, LOSS OF DATA, OR ANY OTHER HARM OF ANY KIND WHICH MAY RESULT FROM DOWNLOADING, ACCESSING OR USING THE APP OR PAY & SAVE FUNCTIONALITY.

13.3 To the fullest extent permitted by law, Shell shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either your use of this App, or for your reliance on any information or advice contained in the App for:

a. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;

b. losses caused by business interruption;

c. loss of goodwill or reputation;

d. loss or corruption of data, information or software; or

e. any indirect, special, punitive or consequential cost, expense, loss or damage suffered by you in connection with your use of the App or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Shell.

13.4 IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE APP, APP CONTENT, OR USER GENERATED CONTENT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE RESULTING IN SUCH LIABILITY; OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

14. External websites and applications

The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. Shell is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

We do not endorse the content of any third party site or represent or warrant that a third party site is or will be free of computer viruses or other harmful code that can impact your computer or other web-access Device. We encourage you to review any third party site's terms of use and privacy policy as those, and not our Terms and Conditions of Use and Privacy Policy, are applicable to your use of such third party site and any information that they collect. By using the App to link to another site (including third party sites) or by using or relying upon third party content, you agree that such use is at your own risk.

15. Changes to/operation of the App

15.1 Shell may change the format and Content of all or any part of the App at any time, including but not limited to removal of features or functionalities in the App.

15.2 Shell may suspend the operation of the App, or of certain of its features or functionalities, for support or maintenance work, in order to update the Content or for any other reason.

15.3 Updates to the App may be issued from time to time through App stores. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms.

16. Transfer of Rights

Shell may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of Shell. Any such transfer will not affect your rights or Shell’s obligations under these Terms and Conditions of Use.

17. Complaints Procedure

If you have a question or complaint about this App, please email SITI-MLM-Support@shell.com. If You have questions or concerns about this Shell Sky please contact Shell Recharge Solutions at: support@shellrecharge.com or +1-855-900-7584.

18. Severance

Each of the Section or sub-sections of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Section or sub-sections will remain in full force and effect.

19. Termination

19.1 Shell reserves the right in its sole discretion to terminate your account and/or access to the App or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. Shell also reserves the right to prevent access to the App or any of its functionalities or features.

19.2 After any line of action subject to Section 19.1, you are not allowed to create a new account to circumvent the termination, deletion or restriction.

19.3 You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated.

19.4 These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

20. Changes to these Terms and Conditions of Use

Shell may change these Terms and Conditions of Use at any time without notice. In the event that the Terms and Conditions of Use are amended, you may be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use.

21. Disputes and Jurisdiction

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of the State of Texas (excluding any conflict of law principles that would direct the application of the laws of another jurisdiction) and in the event of any dispute arising in relation to these Terms and Conditions of Use or any dispute arising in relation to the App, the state and federal courts in Houston, Texas will have non-exclusive jurisdiction over such dispute. BY YOUR ACCEPTANCE OF THESE Terms And Conditions Of Use, User AGREES THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.

22. Code of Conduct

By using the App, you agree to comply with these Terms and Conditions of Use and to otherwise comply with the following Code of Conduct, under which you shall not:

Use the App for purposes other than the its intended use.

Use the App for uses that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms and Conditions of Use.

Use the App in a manner that could disable, overburden, or impair the App, or interfere with another party's use and enjoyment of the App, such as through sending "spam".

Seek to obtain access to any services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the App.

Infringe Our or any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.

Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

Use the App to test or reverse engineer the App to find limitations, vulnerabilities, or to evade filtering capabilities.

Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the App.

Use the App for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing privacy, export control, consumer protection, unfair competition, anti-discrimination, or false advertising). You are responsible for your own compliance with all applicable laws.

We reserve the right at any time to: (i) monitor your use of the App; and (ii) terminate or suspend your use of some or all of our services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms and Conditions of Use or our Privacy Policy.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 17 (Complaints Procedure).

23. Statements about Future Products and Services

The App may contain statements about future products or services that may currently be in development, planning, or testing. Please note that any such statements are: (i) provided for informational purposes only; (ii) based on our current expectations, assumptions, and plans that may change; and (iii) not intended to be guarantees or promises of any kind and do not constitute any binding commitment or offer to provide any products or services in the future. As such, please do not rely on any such statements as predictions of future products or services. We do not undertake any obligation to update or revise any such statements or to make any other statements, whether as a result of new information, changes, or otherwise.

24. Severability

If any provision of these Terms and Conditions of Use is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall have no impact on the remainder of these Terms and Conditions of Use.