Service Agreement

1. What we do, and what we are not

We watch FMCSA's public data for new records on your USDOT number and alert you. When you send us a record, we review whether the available facts and evidence may support a Request for Data Review through DataQs. DataQs lets users ask the responsible government reviewer to review federal or state data believed to be incomplete or incorrect; the reviewer, not Clear Carrier, decides whether any change is made. DataQs is not a way to remove accurate records, and disagreement with an officer's judgment is not by itself a basis for a request. If we recommend a request, we write it for you to file or, for a separately purchased eligible filing service, transmit the exact version you approve and monitor the resulting matter. We also offer written compliance services, including CSA and BASIC analysis, warning letter and audit support, mock audits and safety program reviews, post-crash guidance, insurance renewal support, safety rating work, and retained advisory. Each is described and priced separately.

We are a compliance service, not a law firm. No attorney-client relationship is created and nothing we give you is legal advice. We can help you understand an agency letter and prepare, organize, and write your response. We do not appear for you, advocate for you, or represent you in an enforcement action, civil penalty case, or litigation. If you are in one of those, get a lawyer, and we will tell you so. We are not affiliated with or endorsed by FMCSA, the U.S. Department of Transportation, or any state agency, and we are not licensed to sell or advise on insurance.

2. Fees, billing, and refunds

Prices are on our pricing page. Your subscription tier is set by the power unit count on your MCS-150, and we may move you to the correct tier on notice. Subscriptions are month to month and renew automatically at the price shown at checkout until you cancel. Cancel any time from your dashboard; cancellation takes effect at the end of the billing month and we do not prorate. We email you a copy of your subscription terms and how to cancel, and we tell you before any price change so you can cancel first. Prices exclude tax. If a payment fails, we may retry it and suspend service until it clears.

The review fee covers our review whether or not we recommend a challenge. If we conclude a record is not worth challenging, that answer is the work you paid for, and we send you a one-time code for 50 percent off your next review. The code is good for twelve months, may be redeemed once, is limited to one active code per carrier, has no cash value, is not transferable, and is not combinable. We charge a filing fee only after a review finds a record challengeable and you choose filing. Fees are earned when the work is performed and are not otherwise refundable, except where we decline or stop an engagement for a reason that is not your breach, where Section 6 expressly provides a refund, or where the law requires one.

3. What you are responsible for

You confirm you are an owner, officer, employee, or authorized representative of the carrier on your account and are authorized to act for it. Everything you give us will be true, complete, and accurate to the best of your knowledge. We build every deliverable and submission from what you give us and do not independently verify it. If you send a partial set of records, our findings will be partial, and we are not responsible for something we could not see.

FMCSA warns that an intentionally false or misleading statement, representation, or document provided in support of a DataQs request may result in closure of the request and may subject the person responsible to prosecution under 18 U.S.C. 1001, including fines or imprisonment.

Send us only the records an engagement needs, and redact what you can. When you send driver information, including names, license numbers, medical certificates, or employment history, you confirm you are permitted to share it and to have us submit it where the engagement calls for that. We do not act as a service agent or consortium under 49 CFR Part 40 and do not want your drug and alcohol testing records; send a summary instead. We accept those records only where we asked for them and you have any consent Part 40 requires. Do not submit records for a carrier you cannot represent, resell our work, or use it for anything other than the matter for which it was prepared.

4. Limited authorization for DataQs filing

This Agreement does not by itself authorize a filing. For each eligible filing you purchase or use under Manage, you must first review the finished DataQs narrative and exact evidence list and give a separate, record-specific electronic authorization. That authorization permits Clear Carrier and the assigned compliance expert to act as the carrier's representative only to transmit the approved Request for Data Review, receive and relay correspondence about it, provide routine responses within the approved factual scope, and submit a reconsideration or final review only after any additional approval the workflow requests. A different agency submission, including a safety-rating petition, requires its own written scope and authorization.

We never submit anything on our own initiative and do not use or request your Login.gov, FMCSA Portal, or DataQs credentials. We file exactly the version you confirm through the assigned expert's individual Public/Industry DataQs account. Any material change to the narrative or evidence requires your renewed approval. This authority is limited and ministerial: we prepare documents and transmit what you approve. We are an independent contractor, not your fiduciary, employee, partner, or general agent, and this Agreement creates no duty beyond what is written in it. You may withdraw an unsubmitted authorization in writing at any time. Withdrawal does not undo a submission already made, and once a request is with FMCSA the government system and responsible reviewer control whether it can be withdrawn or changed.

5. Your information and assisted processing

We use specialized software and automated data-processing tools to work through your record quickly. These tools read the data, flag what deserves a closer look, and help assemble a first draft. They do not make decisions. A person reviews every record we assess and every deliverable we send, and nothing reaches you or an agency without that review.

To deliver the service, we share your information with providers under contract with us, including specialized data-processing services, payment processing, data storage and workflow tools, and email delivery. What we send can include your USDOT number, carrier name, inspection and crash details, and the contents of what you upload, which may include driver names and license numbers. We use commercial accounts whose terms do not permit customer content to be used to train their systems, and we do not use consumer-grade processing tools for customer information. We do not sell your information, and we do not use your account or case information for advertising. Our Privacy Policy describes the categories of provider we use and our retention practices and is part of this Agreement.

We will not disclose your records except to deliver the service, comply with law, or with your permission. We delete documents you upload for a matter twelve months after it closes and keep the record of what you confirmed before a submission for five years. Our Privacy Policy sets out retention in full. We use safeguards appropriate to what we hold, though no system is perfectly secure and we do not warrant that ours is. If we learn of a security incident affecting your information, we will tell you without unreasonable delay and give you what you need to meet your own notification obligations.

6. What we promise, and what we do not

We perform the services with the reasonable care and skill of a competent compliance service. We do not represent that any particular individual works on your matter or holds any particular license, certification, or credential.

For a $25 review or a review covered by an active Review or Manage subscription, we complete the initial human review within one business day after the submission is complete. A submission is complete when we have the correct record, your explanation, every item we identified as required or your confirmation that it is unavailable, and payment or active plan coverage. Business days are Monday through Friday, excluding U.S. federal holidays. A complete submission received by 3:00 p.m. Central Time is due by 3:00 p.m. Central Time on the next business day; one received later is treated as received the next business day. Time waiting for you to supply required information does not count. If we miss the deadline for a reason within our control, tell us within 30 days: we will finish the review and refund the standalone review fee, or apply a $25 account credit when the review was included in a subscription. That refund or credit is the remedy for a missed review deadline. It is not a promise about filing, government review, or any result.

If a deliverable is wrong, incomplete, or not what you ordered, tell us within 30 days and we will fix it. We will redo the work at no charge, and if we cannot put it right, we will refund what you paid for that matter. That is your primary remedy.

Beyond that, we do not promise any outcome: not a DataQs result, an audit or investigation result, a safety rating decision, a change to a CSA or BASIC score, an insurance quote, premium, or renewal, or a broker's decision to work with you. Our fees cover the work regardless of the result. Compliance is yours and engaging us does not shift it to us. A mock audit or program review is a snapshot of the records you gave us on the day we looked. It is not a certification, guarantee of compliance, or prediction of what an auditor will conclude.

Alerts are built from FMCSA's public data. We do not control that data, when it posts, or whether it is complete. Where we describe alert timing, we mean the time between a record appearing in FMCSA's data and our alert reaching you, not the time since the inspection or crash. Monitoring is a convenience, not a substitute for watching your own record, and you are responsible for any deadline that applies to you. Our work reflects the rules as we understand them on the day we do it, and we have no duty to update it later. Free tools carry no warranty. Except as stated in this Agreement, the services are provided as is and as available, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, title, and non-infringement.

7. Our work is for you alone

Every deliverable is prepared for you and for the matter in your order. You may share it with your lawyer, accountant, or employees. You may also provide it to the agency or other recipient expressly identified in the order, such as an insurer receiving an insurance-renewal package, but only for that stated purpose. Do not give it to any other insurer, broker, shipper, lender, or agency as a basis for that party's decision without our written consent. When sharing is permitted, provide the deliverable complete and unaltered, including any limitations stated in it. We owe no duty of care to anyone but you, no one else may rely on our work, and no third party acquires any right under this Agreement.

8. Liability and indemnity

Beyond Section 6, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or revenue, lost business or freight, increased insurance premiums, changes to a safety rating or CSA score, civil penalties assessed against you for your own conduct, lost goodwill, or the cost of substitute services. Our total liability for all claims, in contract, tort, or any other theory, will not exceed the greater of what you paid us in the prior twelve months or two thousand five hundred dollars ($2,500). If the remedy in Section 6 fails of its essential purpose, these limits still apply. Our prices reflect this allocation of risk.

Nothing in the preceding paragraph limits our liability for fraud, gross negligence, willful misconduct, breach of the confidentiality and security commitments in Section 5, our indemnity obligation in this Section, or anything that cannot be limited by law, including liability for death or personal injury caused by our negligence.

You will defend and indemnify Clear Carrier and its members, officers, employees, and contractors against third-party claims, including fines, penalties, and reasonable attorneys' fees, arising from information you gave us that was false, misleading, incomplete, or unauthorized; your breach of this Agreement; your use of the service for a carrier you cannot represent; your misuse of our work or misstatement of what we concluded; your operation of your business, including a crash, injury, or property damage; or a third party's reliance on a deliverable you gave it. This does not apply to any claim to the extent it arises from our own negligence, gross negligence, recklessness, willful misconduct, fraud, violation of law, or work outside what you authorized. If part of this paragraph is unenforceable as to a claim, the rest still applies.

We will defend and indemnify you against a third-party claim that our services infringe that party's intellectual property, or that arises from our fraud, gross negligence, willful misconduct, or breach of confidentiality; that obligation is not capped. Each of us will promptly tell the other about a covered claim and cooperate in its defense at the indemnifying party's expense, and neither will settle in a way that binds or blames the other without written consent. We may take over a defense you do not promptly assume, where the claim seeks relief against us other than money, or where a joint defense would conflict.

9. Disputes

Before filing a claim, send a written description to support@clearcarriercompliance.com and give us 30 days to respond. Arkansas law governs. Any suit must be brought in a state or federal court located in Arkansas, and both parties consent to personal jurisdiction and venue there. Each party waives the right to a jury trial. Claims must be brought individually, and neither party may bring or join a class, consolidated, or representative action; if that restriction is unenforceable in a particular case, it is severed for that case only. Any claim must be brought within one year after it accrues unless the law requires longer. Either party may ask a court for an injunction to protect confidential information or intellectual property without waiting for the 30-day period.

10. Everything else

You accept electronically. Your typed name, the checkbox, and the acceptance button are your signature under the federal E-SIGN Act and the Arkansas Uniform Electronic Transactions Act, and you agree to receive this Agreement, notices, and case records by email. We will send a paper copy free on request. We may change this Agreement on 30 days' notice to your account email, and a material change requires your acceptance before your next order or submission. Publishing a description for a service you have not bought is not a change and does not alter a service you already use.

We may suspend or end a service if you do not pay, breach this Agreement, or if we reasonably believe what you gave us is false or misleading. We will not submit or pursue a request we believe rests on inaccurate information. We may decline any engagement, and we refund anything you paid for work we did not do.

We may use subcontractors and remain responsible for their work. We carry professional liability and general liability insurance covering the services and will provide a certificate on request. You may not assign this Agreement without our consent; we may assign it to an affiliate or acquirer. We own our methods, criteria, templates, and the form of our deliverables, and license you to use our work for your matter and internal compliance. You own the facts and documents you supply. We may publish anonymized statistics that do not identify you. While we work for you and for twelve months after, do not solicit our people except by general advertisement. Neither party is liable for a delay beyond reasonable control, including agency or provider outages, though that does not excuse payment.

You are entering this Agreement based on this document, the service descriptions, and your order, not on anything else said, written, or advertised; that does not limit liability for fraud. Nothing in a service description, order, pricing page, or marketing material creates a performance guarantee or changes Sections 5 through 9 unless signed by an officer of Clear Carrier. This Agreement, with those documents and our Privacy Policy, is the entire agreement between us. If a provision is unenforceable, it is narrowed or severed and the rest stands. Not enforcing something is not a waiver. Notice to you goes to your account email; notice to us goes to support@clearcarriercompliance.com. Sections 2, 3, 5, 6, 7, 8, 9, and 10 survive termination.