Effective Date: April 1, 2026
These Terms of Service ("Terms") govern your access to and use of the CarrierMetric platform, website, and services (collectively, the "Service") operated by Nightfall Solutions, LLC d/b/a CarrierMetric ("Company", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.
By creating an account or using any part of the Service, you confirm that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization.
CarrierMetric provides a web-based platform for motor carrier risk assessment, lead generation, and portfolio monitoring. The Service aggregates publicly available data from the Federal Motor Carrier Safety Administration (FMCSA) and applies proprietary scoring models to generate risk intelligence for commercial auto insurance underwriting.
To access the Service, you must create an account with a valid email address and password. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You agree to notify us immediately of any unauthorized use.
The Service is offered through paid subscription plans. By subscribing, you authorize us to charge your payment method through our payment processor, Stripe, Inc. Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.
We may change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.
We may offer a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We reserve the right to limit or discontinue free trials at any time.
You agree not to:
The Service incorporates data sourced from publicly available FMCSA databases. This data is provided "as is" and may not reflect the most recent filings, corrections, or updates made by the FMCSA or individual carriers. We do not guarantee the accuracy, completeness, or timeliness of FMCSA data. Users should independently verify all information before making underwriting, risk management, or business decisions.
Risk scores, lead scores, and other analyses generated by CarrierMetric are proprietary assessments based on our models and publicly available data. They are provided for informational purposes only and do not constitute insurance advice, underwriting recommendations, or binding risk assessments. You are solely responsible for your underwriting decisions.
The Service, including its scoring models, user interface, documentation, and software, is the property of Nightfall Solutions, LLC and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service during your subscription period.
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information.
Access to the CarrierMetric API is subject to rate limits and usage restrictions as described in the API Documentation. API keys are confidential and must not be shared or embedded in client-side code. We reserve the right to revoke API access for violations of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Nightfall Solutions, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. You may cancel your subscription at any time through your account settings. Upon termination, your right to use the Service ceases immediately, though certain provisions of these Terms survive termination.
We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Nebraska.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy and any subscription agreement, constitute the entire agreement between you and Nightfall Solutions, LLC regarding the Service.
If you have questions about these Terms, contact us at support@carriermetric.com.