Document: subscriber-terms-of-service · version 3b2e40ff9c65a70e · effective [EFFECTIVE DATE]
DRAFT v0.1 — for attorney review. Not legal advice.
Effective date: [EFFECTIVE DATE] · Last updated: June 7, 2026
This Subscriber Terms of Service ("Agreement") is a binding contract between Blacktop Digital Assets, LLC, a Virginia limited liability company, d/b/a "CarriersScore" ("CarriersScore," "we," "us," "our") and the individual or entity that registers for, accesses, or pays for the CarriersScore platform and data services (the "Subscriber," "you," "your"). By clicking "I agree," creating an account, or using the Service, you accept this Agreement. If you act for an organization, you represent you can bind it.
THIS AGREEMENT CONTAINS BINDING ARBITRATION AND A CLASS-ACTION WAIVER (SECTION 19), DISCLAIMERS (SECTION 13), AND A LIMITATION OF LIABILITY (SECTION 14). THE SERVICE IS NOT A CONSUMER REPORTING AGENCY SERVICE AND ITS OUTPUTS ARE NOT CONSUMER REPORTS (SECTION 6).
Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during the Term. You must register an accurate account, keep credentials secure, and are responsible for all activity under your account and for your authorized users' compliance. Certain Requester features require a verified account; we may require identity/business verification and may decline or revoke verification in our discretion.
The Service is offered in tiers described at checkout or in an Order. Motor carriers operating twenty (20) or fewer power units may use the designated free carrier tier for their own profile and consent management; carriers exceeding that threshold and all Requesters use paid tiers. Soft Pulls and Hard Pulls may be metered or included by tier. We may change features and tier definitions prospectively as described in Section 17.
Fees, billing frequency, metered charges, auto-renewal, refunds, cancellation, and consequences of non-payment are governed by the Payment, Billing, Refund & Cancellation Policy, incorporated here. In summary: fees are charged via our payment processor; subscriptions auto-renew unless cancelled; fees are non-refundable except as expressly stated; and the Service (including any API access) is a paid feature that we may suspend or restrict immediately if your account becomes past due, suspended, or otherwise not in good standing. You are responsible for applicable taxes other than taxes on our net income.
A Hard Pull may be performed only where the subject carrier has granted consent through the Service (see Carrier Authorization & Consent to Release). When you perform a Hard Pull, we create a Snapshot — an immutable, timestamped record of the data and Score returned, retained as a record of the transaction. You acknowledge the Snapshot reflects data as of its date and that carrier information changes over time. The Snapshot is a record of what the Service returned; it is not a representation that your carrier-selection decision satisfied any legal standard of care. See Section 6.
(a) Opinion. The Score and bands are CarriersScore's subjective, evaluative assessment based on a disclosed general methodology applied to underlying data. They are statements of opinion, not statements of fact, and not a guarantee of any carrier's safety, solvency, performance, honesty, or future conduct.
(b) Not a consumer report; permitted uses only. CarriersScore is not a consumer reporting agency and the Service does not provide "consumer reports" under the FCRA. You may use the Service only for legitimate business-to-business carrier-selection, vetting, monitoring, and risk-management purposes regarding motor carriers as business entities. You must not use the Service or any output, in whole or in part, as a factor in establishing any individual's eligibility for credit, employment, insurance, housing, or any other FCRA-covered or personal purpose. You certify compliance with the FCRA & Permissible-Use Notice, which is incorporated here.
(c) No legal-outcome promise. The Service is a tool to support — not replace — your own due diligence. We make no representation or warranty that using the Service will satisfy any duty of care, will defeat or limit any negligent-selection, vicarious-liability, or other claim, or will comply with any law applicable to you. You remain solely responsible for your selection, retention, and monitoring decisions.
Your use is subject to the Acceptable Use Policy. Without limiting it, you will not: (i) scrape, harvest, or bulk-extract data except through features expressly provided; (ii) exceed rate limits or circumvent security or access controls; (iii) resell, sublicense, redistribute, or publicly display the Service's data, Scores, or outputs except as expressly permitted; (iv) use outputs for any prohibited purpose in Section 6(b); (v) use the Service to build a competing dataset or model; or (vi) misrepresent a Score or strip it of its context, disclaimers, or as-of date.
(a) Your ownership; our license. As between the parties, you retain ownership of Subscriber Data and Carrier-Provided Data you submit. You grant us a worldwide, royalty-free license to host, process, display, and use such data to operate, secure, and improve the Service, to generate Scores and analytics, and as described in the Privacy Policy. De-identified/aggregated data may be used without restriction.
(b) Accuracy; carrier representations. You represent that data you submit is accurate and that you have the rights and any necessary consents (including for any individual's personal information, and any driver/CDL data consistent with the DPPA) to submit it and to authorize our use.
(c) Documents vault. Documents you upload are shared only with parties you authorize and per your access settings; you are responsible for what you upload and authorize.
Our handling of personal information is described in the Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Subscriber Data; however, no method of transmission or storage is perfectly secure, and you are responsible for your own credentials and access controls.
We and our licensors own all right, title, and interest in the Service, the Score and methodology, and all related IP. Underlying public-government factual data remains public; our compilation, scoring, analysis, and presentation are proprietary. You receive only the limited rights expressly granted. Feedback you provide may be used by us without restriction or obligation.
The Service incorporates data from public sources (including FMCSA/USDOT records) and third-party licensors, and may interoperate with third-party services (e.g., payments, identity, telematics). Such data and services are provided subject to their own terms, may change or become unavailable, and are not warranted by us. Your use of any third-party integration is at your risk and may require you to accept that provider's terms.
This Agreement begins when you accept it and continues for your subscription Term and renewals until terminated. Either party may terminate for material breach not cured within thirty (30) days of notice; you may cancel as described in the Payment Policy. We may suspend or terminate access immediately for non-payment, security risk, suspected fraud, violation of Section 6 or 7, or as required by law or a data licensor. On termination, your right to use the Service ends; Sections that by nature survive (including 4–8, 10, 13–20) survive. We may retain Snapshots and records as required for legal, audit, and the purposes described in Doc 07/09.
EXCEPT AS EXPRESSLY STATED, THE SERVICE, SCORES, DATA, AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY SCORE OR DATA IS CORRECT OR THAT RELIANCE ON IT WILL ACHIEVE ANY RESULT OR SATISFY ANY LEGAL OBLIGATION.
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS IN (a) AND (b) DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, OR YOUR BREACH OF SECTIONS 6–7 OR THE IP/CONFIDENTIALITY TERMS. THESE LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY REGARDLESS OF THEORY OF LIABILITY. [CONFIRM carve-outs and whether a higher cap applies to enterprise orders.]
(a) By you. You will defend, indemnify, and hold harmless CarriersScore and its members, managers, officers, employees, agents, and licensors from any third-party claim and related losses (including reasonable attorneys' fees) arising from: your use of the Service; your decisions in reliance on the Service; your Subscriber/Carrier-Provided Data; your breach of this Agreement (including Sections 6–8); or your violation of law or a third party's rights (including any FCRA-prohibited use, privacy, DPPA, or IP claim).
(b) By us (limited). We will defend you against a third-party claim alleging the Service, as provided by us and used per this Agreement, directly infringes a U.S. intellectual-property right, and indemnify resulting damages finally awarded, subject to the Section 14 cap and excluding claims arising from your data, your misuse, or third-party/public data. This is your sole remedy for infringement.
Each party may access the other's non-public information ("Confidential Information"). The recipient will use it only to perform under this Agreement and protect it with reasonable care; this does not apply to information that is public, independently developed, or rightfully received without duty. Either party may disclose as required by law with reasonable notice where permitted.
We may modify the Service and update this Agreement and the incorporated policies prospectively by posting a new version and/or notifying you; material changes will be identified, and your continued use after the effective date constitutes acceptance. If a material change is unacceptable, your remedy is to stop using and cancel.
Neither party will use the other's name or marks in publicity without prior written consent, except we may include your name/logo in a customer list unless you opt out in writing.
Governed by Virginia law (without conflicts rules). Any dispute arising out of or relating to this Agreement or the Service will be resolved by final binding arbitration before the AAA under its Commercial Arbitration Rules, seated in Pittsylvania County, Virginia, before one arbitrator. The parties waive jury trial and any right to bring or participate in a class, collective, or representative proceeding; all claims are individual. Either party may seek injunctive relief in the courts of Pittsylvania County, Virginia to protect IP or Confidential Information, and may bring an individual small-claims action. The prevailing party may recover reasonable fees and costs to the extent permitted. [CONFIRM informal-resolution notice period and any consumer-arbitration carve-outs.]
Force majeure; no agency/partnership; notices to the addresses on file (and to info@carriersscore.com); assignment by you only with our consent (we may assign in a merger/sale); entire agreement (this Agreement, the Order, and incorporated policies); severability; no waiver; U.S. export and anti-corruption compliance; U.S. government end-user terms if applicable; English controls. In the order of precedence: an executed Order, then this Agreement, then incorporated policies, unless a document expressly states otherwise.
Blacktop Digital Assets, LLC d/b/a CarriersScore — 108 Mallard Lake Dr., Danville, VA 24541 · info@carriersscore.com.
*DRAFT — to be reviewed and finalized by counsel. (c) Blacktop Digital Assets, LLC.*