Terms of Service

Please read these Terms carefully. They contain provisions that limit our liability and that require most disputes to be resolved through binding, individual arbitration and waive your right to a jury trial and to participate in a class action (Sections 12 and 14).

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and CarrierScope ("CarrierScope," "we," "us," or "our") governing your access to and use of the CarrierScope websites, applications, APIs, and services (together, the "Service"). By creating an account, starting a trial, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you use the Service on behalf of an organization, you represent and warrant that you are authorized to bind it, and "you" means that organization. If you do not agree, do not use the Service.

2. Eligibility and accounts

The Service is offered solely for business and professional use by insurance agencies, managing general agents, brokers, motor carriers, and related professionals. You must be at least 18, able to form a binding contract, and not barred from using the Service under applicable law. You agree to provide accurate, current, and complete account information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use. We may refuse, suspend, or terminate accounts in our sole discretion.

3. Trial, subscription, billing, and taxes

We may offer a free trial of limited duration or scope, which we may change or withdraw at any time. Unless you cancel before the trial ends, your subscription begins automatically and renews for successive periods at the then-current price until cancelled. You authorize us and our payment processor to charge your payment method for all fees, plus applicable taxes, on a recurring basis. Prices are in U.S. dollars and exclusive of taxes, which are your responsibility. We may change pricing or fees on a going-forward basis with reasonable notice; changes apply to the next billing period. Except where required by law, all fees are non-refundable and we do not prorate partial periods. You may cancel any time from account settings; cancellation stops future renewals and takes effect at the end of the current period.

4. Acceptable use

You agree not to, and not to permit any third party to:

• use the Service for any unlawful purpose, or in violation of the Fair Credit Reporting Act (FCRA), the Equal Credit Opportunity Act, fair-housing or fair-lending laws, or any anti-discrimination, privacy, or data-protection law;
• use any score, report, or output to make, or as a factor in, any decision about an individual consumer governed by the FCRA, or any decision regarding a consumer’s eligibility for employment, credit, housing, insurance, or other personal purposes;
• scrape, harvest, resell, sublicense, distribute, or create derivative works from the Service or its data, except as expressly permitted;
• upload or submit any data or documents you lack the right to share, or that contain another person’s sensitive or personal information without authority;
• reverse engineer, decompile, probe, interfere with, overload, or attempt to gain unauthorized access to the Service, or circumvent any rate limit, security, or access control;
• use the Service to build or train a competing product or model, or to benchmark it for a competitor;
• misrepresent, alter, or forge a verified packet, or otherwise misstate a carrier’s record.

We may investigate and take any action we deem appropriate for a violation, including suspension or termination and referral to authorities.

5. Your content and uploads

You retain ownership of the documents and data you upload ("Your Content"). You grant CarrierScope a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display Your Content solely to provide and improve the Service for you and to comply with law. You represent and warrant that you have all rights, consents, and authority necessary to upload Your Content and to grant this license. You are solely responsible for Your Content and for maintaining your own backups.

6. Feedback

If you give us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit it for any purpose without restriction or compensation to you.

7. Data sources and accuracy

The Service relies in part on public data published by the Federal Motor Carrier Safety Administration (FMCSA) and other third-party and governmental sources. We do not control and do not warrant the accuracy, completeness, currency, or availability of any third-party or public data, which may be delayed, incomplete, or wrong. Scores, decisions, bands, and reports are informational triage aids only; your underwriting, placement, pricing, and business decisions are your own.

8. No predictive warranty; assumption of risk

CarrierScope scores and outputs are generated by a rules-based engine and are not a statistical prediction of loss, claims, default, or any outcome, and are not a guarantee of insurability, coverage, pricing, performance, or fitness of any carrier. You acknowledge that you are a sophisticated business user, that you will independently verify any information before relying on it, and that you assume all risk arising from your use of, or reliance on, the Service and its outputs.

9. Not a consumer reporting agency; not professional advice

CarrierScope is not a "consumer reporting agency," and the Service and its scores and reports are not "consumer reports" or "investigative consumer reports," under the FCRA or any similar law. The Service does not provide legal, insurance, underwriting, tax, accounting, or financial advice, and nothing in it creates any fiduciary or advisory relationship.

10. Intellectual property

The Service — including all software, models, scoring methodology, design, text, and content (excluding Your Content) — is owned by CarrierScope or its licensors and is protected by intellectual-property and other laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes. All rights not expressly granted are reserved. "CarrierScope" and our logos are our trademarks; you may not use them without our prior written consent.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DATA OR OUTPUT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARRIERSCOPE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You will defend, indemnify, and hold harmless CarrierScope and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Your Content, your use of the Service, your violation of these Terms or any law, or your infringement of any third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

14. Binding arbitration; class-action waiver

Please read this Section carefully — it affects your legal rights. You and CarrierScope agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Georgia, USA, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for misuse of the Service or infringement of intellectual property. You and CarrierScope waive any right to a jury trial and to participate in a class, collective, or representative action. Arbitration will be conducted on an individual basis only. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court. You may opt out of this Section by emailing services@carrierscope.com within 30 days of first accepting these Terms.

15. Term, suspension, and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access, in whole or in part, at any time and for any reason, including if you breach these Terms, fail to pay, or create risk or possible legal exposure for us. On termination, your right to use the Service ends and we may delete your data, subject to law. Provisions that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification, arbitration, and the general terms — survive termination.

16. Governing law

These Terms and any dispute are governed by the laws of the State of Georgia, USA, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 14, the state and federal courts located in Georgia have exclusive jurisdiction, and you consent to personal jurisdiction there.

17. Changes to the Service or Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may also update these Terms; for material changes we will provide reasonable notice (for example, by email or in-product). Changes are effective when posted or as stated in the notice, and your continued use of the Service after that means you accept them.

18. General

These Terms, together with the Privacy Policy and any order or plan you accept, are the entire agreement between you and CarrierScope regarding the Service and supersede all prior agreements. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in a merger, acquisition, or sale of assets. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. There are no third-party beneficiaries. We are not liable for any delay or failure caused by events beyond our reasonable control. You agree to comply with all applicable export-control and sanctions laws and represent that you are not located in, or a national of, an embargoed country or on any restricted-party list. Notices to you may be given by email or in-product; notices to us must be sent to services@carrierscope.com.

19. Contact

Questions about these Terms: services@carrierscope.com

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