Terms of Service (Canada)

1. Who these terms are between, and what accepting them means

These terms are a contract between Dory AI, a sole proprietorship registered in the Province of Nova Scotia, Canada, carrying on business as Mr.Diesel ("we", "us") and the company named at sign-up ("you", the "Customer"). The service is offered to businesses that buy fuel for commercial vehicles. It is not offered to consumers, and consumer protection rules written for individuals do not apply to it.

The person who accepts these terms confirms that they are authorised to bind the Customer. Acceptance happens when you tick the box at sign-up, when you accept a newer version in setup, or when you keep using the service after being told the terms have changed. We record the version accepted, who accepted it and when.

If you do not agree with these terms, do not sign up and do not forward files to the service.

2. What the service is

Mr.Diesel reads the diesel price files your vendors send you, your fuel card statements and your vendor invoices, and works out from them: which vendors and fuel cards are cheapest for your fleet and where (the cheapest-vendor service); the cheapest priced stops along a run (the cheapest-stops service); and how what you were charged compares with what you were quoted (the invoice checker). It also produces maps, driver sheets, a drivers' phone page, reports and emails built from the same data.

Everything the service shows is worked out from the files you provide and the settings you choose, such as your home jurisdiction, your monthly volume and the cards you carry. The service does not sell fuel, does not negotiate with vendors for you, does not act as your agent, and takes no commission or placement fee from any vendor, network or card issuer for how prices are compared or ranked. We may have commercial relationships with fuel partners, described in section 7; they never change how a price file is read or how vendors are ranked.

The service is a decision aid for your purchasing and dispatch staff. It does not replace their judgement, your vendor agreements, your drivers' judgement on the road, or your own checks of what you are billed.

3. Your account, your address and the drivers' link

One sign-up is one fleet. Sign-in is by a link emailed to the work address you gave; anyone who can open that link can open your fleet. Keep it to people you trust, and tell us at once if you think it has reached someone it should not have.

Each fleet gets a dedicated email address. Anything sent to it is treated as sent by you: it is stored, read and, where it is a statement or invoice, reviewed. You are responsible for what is forwarded there, for who in your company and among your vendors you give the address to, and for making sure you are allowed to send us what they send.

The drivers' link opens your fleet's prices on a phone without a sign-in. Anyone holding the link can see those prices. Share it only with your own drivers and staff, and make a new link from the start page whenever you want the old one to stop working. If a driver chooses to share the phone's location, that location is used in the browser to find nearby stops and is not sent to us or stored.

4. Your data: what you give us and what we do with it

You own the files you upload or forward and the data worked out from them for your fleet (your "Customer Data"). You give us a non-exclusive licence to store, copy, read, analyse and display Customer Data for the purpose of providing the service to you, keeping it secure, and supporting you.

Vendor price files are often marked confidential by the vendor. You confirm that you are entitled to receive those files and to use them, including through a service like ours, for your own fleet's purchasing decisions. We never show one customer's prices, vendors, statements or results to another customer, and we never pass them to a vendor, a network or a card issuer.

We keep the files as they arrived, the prices read from them, your statements and the reviews, so that you can open them again, so that each day's prices can be compared with the next, and so that a file layout read once can be read the same way next time. We may use what we learn about a file's layout, and de-identified, aggregated usage information that does not identify you, your drivers, your vendors' prices or your volumes, to improve the service.

We use third parties to run the service: cloud hosting and storage, email sending and receiving, mapping, routing and geocoding, and machine-reading models that read a file the first time its layout is seen. Each receives only what it needs to do its job and is bound to keep it confidential. We do not sell your files, your prices, your statements or your drivers' information to anyone, and we do not use them for advertising. What we may share with partners, and only how, is set out in section 7.

Personal information in Customer Data, such as a driver's name on a statement or a rep's email in setup, is processed on your behalf. You are responsible for having the right to give it to us under the Personal Information Protection and Electronic Documents Act (PIPEDA) and any provincial privacy law that applies to you. We handle it in line with that law and with our privacy notice.

We take reasonable technical and organisational measures to protect Customer Data, including private storage, signed sign-in links and signed driver links, and transport encryption. No system is perfectly secure. If we become aware of unauthorised access to your Customer Data we will tell you without undue delay and work with you on the response.

You can ask for your Customer Data to be exported or deleted at any time by emailing hello@mrdiesel.app. We delete it within thirty days of the request, except for copies in routine backups, which are overwritten in the ordinary course, and records we must keep by law. When a fleet's account ends, the same applies after thirty days.

5. Prices change, files can be misread, and the numbers are yours to check

Prices shown are the ones in the files you provided, on the dates those files say they were effective. Diesel prices change daily and at the pump. A price in the service may be out of date by the time a truck arrives, a vendor may have changed its terms, a site may be closed or out of product, and a card may be declined at a pump for reasons outside the service.

Files are read by software. A column may be read wrongly, a site may be placed in the wrong town, a dyed or off-road grade may be taken for on-road diesel, a currency or unit may be misjudged, a statement line may be matched to the wrong stop, or a new file layout may be read differently from what the vendor intended. The service shows its workings so you can see where every number came from, flags what it is not sure of, and lets you correct it, but it does not guarantee that any reading is correct.

Comparisons, card plans, driver sheets, the fueling report, the drivers' page, route stops, savings estimates, the leak and overcharge figures in the invoice checker, the monthly reports and the vendor scorecards are all estimates worked out from those readings and your settings. They are a decision aid, not a promise of any price, saving, availability, billing outcome or vendor behaviour. You are responsible for checking a figure before you act on it, in particular before you change vendors or cards, send drivers somewhere, dispute an invoice, or quote a figure to a vendor.

Fuel tax figures, including IFTA apportionment and any federal or provincial fuel charge shown, are worked from the published rate matrix for the quarter shown and from your home jurisdiction as you set it. They are simplified estimates for comparing vendors, not a tax computation, a filing or advice from a tax professional.

Route suggestions are worked out from third-party road data and the truck dimensions and hours you enter. They do not know current road conditions, closures, weather, weigh stations, low bridges not in the data, or a driver's actual remaining hours. The driver and the carrier remain responsible for safe and lawful operation of the vehicle, including hours-of-service rules, vehicle dimension and weight restrictions, and route choice.

Nothing in the service is legal, tax, accounting, financial, engineering or safety advice, and nothing in it is a recommendation to buy from or avoid any particular vendor. Where a decision matters, take advice from a professional who knows your situation.

6. Vendors, networks and other third parties

Vendor, network and card names shown in the service are the trademarks of their owners and are used only to identify whose price a file carries. Their appearance does not mean any vendor endorses, supplies data to, or has any relationship with the service.

Your agreements with vendors, networks and card issuers are between you and them. The service does not change them, and the emails you send to a rep from your own mailbox, including ones the service drafts for you, are your emails.

A channel partner's price, a reseller's price that applies at another brand's pumps, is shown as that partner's offer and not as the brand's own price. Which card a price is charged to is taken from your files and your setup; check it with the vendor if it matters.

7. Partners, market data and introductions

We may work with fuel partners: vendors, networks, card issuers, brokers and others who sell to fleets. A partner may pay us a referral fee, a commission or a fee for market data. None of that changes how a price file is read or how vendors are ranked: a partner's price is compared on the same scale as everyone else's, and a partner is never ranked above a cheaper vendor because it is a partner. Where a partner's offer is shown in the service, it is marked as a partner offer.

Market data. We may share with or sell to partners statistics worked out across many customers, such as average diesel prices by region, how prices move, or how much volume moves between vendors, only after they have been aggregated and de-identified so that neither you, your drivers, your volumes, nor the confidential pricing any vendor gave you can be identified from them.

Introductions. If you opt in, in setup or on the start page, we may introduce you to a partner so it can make you an offer. What we pass on is: your company name, the contact's name, work email and phone, where you are based and the regions you run, your fleet-size band, your approximate monthly volume band, and the cards you carry. We never pass on your price files, your statements, your reviews or any vendor's prices to a partner. You can withdraw the opt-in at any time, and we stop making introductions from then; an introduction already made cannot be taken back, but you can ask the partner directly to stop contacting you. Under some privacy laws an introduction may count as a sale or sharing of personal information, which is why it is only ever made with your opt-in.

A partner's offer, product, pricing and conduct are the partner's own. We are not a party to any agreement you make with a partner and are not responsible for it. Nothing in the service is a recommendation to take a partner's offer.

8. What you may not do

You may not: use the service for anyone but your own fleet or resell access to it; share, publish or pass on another vendor's prices obtained through the service in breach of your agreement with that vendor; scrape, copy or bulk-download the service's directory, maps or data beyond your own fleet's files; attempt to reach another customer's data; reverse engineer the service or interfere with its operation; send anything unlawful, infringing or malicious to your fleet's address; or use the service in a way that breaks the law.

We may set and change fair-use limits, such as the number of files read by machine-reading models in a month, and may slow or decline requests that exceed them.

9. Fees, billing and cancelling

The free plan reads up to two price files or two invoices at a time (by upload, or by email in a day) and shows the savings we see at the volume you enter. The full comparison (the card plan, maps, driver sheets, negotiation material and written read-outs), the cheapest-stops service and the invoice checker are the pro plan, $29.99 a month, billed in Canadian dollars for a fleet based in Canada, for the whole fleet, plus any applicable sales, goods and services, harmonised or similar taxes.

Pro is billed monthly in advance from the day it is turned on. You can cancel at any time; pro then ends at the close of the period already paid for, and we do not refund partial months. Payment is by card through Stripe, our payment processor, which holds your card details; we never see or store card numbers. Where we agree to invoice you instead, the same terms apply.

We may change the price of pro with at least thirty days' notice by email. If you do not accept the new price, cancel before it takes effect. If a payment fails or an invoice is not paid when due, we may suspend pro after telling you, and turn it back on when the account is settled.

Where a free service or a free period is offered, we may change or withdraw it at any time, and it comes with the same disclaimers and limits as the rest of the service.

10. Emails and other messages

The service sends messages to run itself: sign-in links, receipts for files that arrive, the morning fueling report, stale-price and missed-file alerts, the weekly brief, monthly reports and account notices. These are part of the service and continue while you have an account; you can turn individual reports off by asking us, and you can end them all by closing the account.

We may also email you about new features and changes to the service. You can opt out of those at any time without affecting the messages above.

11. Our property, your feedback

We own the service, its software, its site directory, its file readers, its designs and its documentation. These terms give you a limited, non-exclusive, non-transferable right to use the service for your own fleet while you have an account, and nothing more.

If you give us feedback, ideas or suggestions, we may use them without obligation to you. We will not name you as a customer in public without your permission.

12. Confidentiality

Each of us will keep the other's confidential information confidential and use it only for the purposes of these terms. Your Customer Data is your confidential information. Our pricing, product plans, file readers and anything we mark confidential are ours. This does not cover information that is public through no fault of the receiving party, that the receiving party already had, or that the law requires to be disclosed, provided the other party is told where that is lawful.

13. No warranty

The service is provided as it is and as it is available. To the fullest extent the law allows, we make no warranty or condition of any kind, express or implied, including of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement, or that the service will be uninterrupted or error-free. We do not warrant that any price, stop, route, saving or billing figure shown is correct, current or available, or that acting on it will produce any result.

14. Limits on our liability

To the fullest extent the law allows, we are not liable to you for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, savings, business, goodwill or data, however caused and even if we were told it was possible.

In particular, we are not liable for: a purchasing, routing, dispatch or card decision made on the basis of the service; a price, saving or figure that turns out to be wrong, out of date or unavailable; a file read wrongly; a stop that is closed, out of product or declines a card; a route that is unsuitable for a vehicle or a driver's hours; a tax figure relied on for a filing; an invoice dispute raised on the basis of the invoice checker; a delay or failure of a vendor to send files; or anything a third party we use, a vendor, a network, a card issuer or a partner does or fails to do, including an offer a partner makes to you or an agreement you enter with one.

Our total liability to you for all claims arising out of or connected with the service or these terms, in contract, tort (including negligence), statute or otherwise, is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim and one hundred dollars (CAD).

Nothing in these terms limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence where the law does not allow that to be excluded.

15. Your indemnity

You will defend, indemnify and hold us harmless from any claim, loss, cost or expense, including reasonable legal fees, arising from: Customer Data, including a vendor's claim about how its price file was obtained or used; your use of the service in breach of these terms or the law; a decision you or your drivers made on the basis of the service; or a claim by a driver, an employee, a vendor, a network or a card issuer of yours connected with your use of the service.

16. Suspension, ending the service and what happens to your data

You can close your account at any time by emailing hello@mrdiesel.app. We may suspend or close an account on notice if these terms are broken, if the law requires it, if the account is used in a way that risks the service or other customers, or if pro fees are unpaid. We may also end the service as a whole on at least sixty days' notice.

When an account ends, your access stops, scheduled reports stop, and your Customer Data is deleted as described in section 4. You may ask for an export before then. Sections that by their nature should survive, including 4, 5, 7, 11 to 15 and 17 to 19, survive the end of these terms.

17. Changes to the service and to these terms

The service changes often. We may add, change or remove features, readers, data sources and limits at any time. Where a change materially reduces what pro provides, we will tell you in advance.

We may change these terms. When we do, the version date at the top changes and you will be asked to accept the new terms in setup, or you will be told by email and your continued use after the date given is acceptance. If you do not accept, close the account before that date.

18. Governing law and disputes

These terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable there, without regard to conflict-of-law rules.

Each of us agrees that the courts of the Province of Nova Scotia have exclusive jurisdiction over any dispute arising out of or connected with these terms or the service, and waives any objection to that venue. Either party may seek an injunction or other urgent relief in any court of competent jurisdiction to protect confidential information or intellectual property.

Before starting a claim, each of us will tell the other in writing what the dispute is and give thirty days to resolve it in good faith, unless urgent relief is needed.

The parties have expressly requested that these terms and all related documents be drawn up in English. Les parties ont expressément demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais.

19. General

These terms, the privacy notice and any order or invoice for pro are the whole agreement between us about the service and replace any earlier discussion or proposal. If a part of these terms is found unenforceable, the rest stands and that part is read as narrowly as needed to be enforceable. A failure to enforce a term is not a waiver of it.

You may not assign these terms without our written consent, except to a successor of your whole business who agrees to them. We may assign them to a successor of the service. Neither party is liable for a delay or failure caused by events outside its reasonable control, except for the obligation to pay.

Notices to us go to hello@mrdiesel.app. Notices to you go to the work email on the account, and count as received the next business day after they are sent. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between us.