Terms of Service

Welcome to MOTUS Help ("Company", "we", "us", or "our"). Please read these Terms of Service ("Terms") carefully before using our website (the "Site") or purchasing our compliance setup assistance services ("Services"). By accessing the Site or purchasing our Services, you agree to be bound by these Terms, including our Privacy Policy and Refund Policy, which are incorporated herein by reference. If you do not agree to all of the terms and conditions, do not access the Site or use our Services.

1. Independent Third-Party Status

2. Description of Services

MOTUS Help provides guided setup assistance, compliance documentation, and real-time virtual sessions to assist commercial motor carriers in navigating the FMCSA MOTUS portal, setting up Login.gov profiles, and claiming DOT Numbers.

Our fee covers our private setup assistance Services and data validation. It does not cover government filing fees if any are mandated under federal or state rules.

3. User Obligations & Accuracy of Data

As a user of our Services, you agree to:

• Provide truthful, accurate, and current information regarding your entity, DOT Number, EIN, and personal contact details or any other data required.
• Ensure that your Company Official is present during the virtual setup session to complete Login.gov identity verification.
• Verify that all documents and identification credentials submitted during the setup process belong to you or your legally registered business entity.

4. Fees and Payments

Payment of the setup assistance processing fee is required prior to document review and booking of the virtual setup session. Payments are securely processed through Stripe. All fees are subject to our Refund Policy (Section 5).

5. Supplemental Policies (Privacy & Refunds)

Your use of the Services is also governed by the following policies, which are incorporated into these Terms by reference:

• Privacy Policy: Our Privacy Policy describes how we collect, use, and protect your data.
• Refund Policy: Our Refund Policy outlines the eligibility and process for fee returns.

6. Limitation of Liability

MOTUS Help assists you in complying with federal regulations, but the final determination of registration status, authority status, and identity verification rests solely with the FMCSA, Login.gov, and associated state or federal agencies.

We are not liable for:

• Failed identity verification checks on Login.gov due to mismatched business records, expired IDs, or failed biometric scans.
• Delays in government agency processing times.
• Fines, penalties, or operational suspensions imposed on your business by the FMCSA or DOT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOTUS HELP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MOTUS HELP FOR THE SERVICES IN QUESTION.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOTUS HELP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.

8. Intellectual Property

All content, software, graphics, branding, and templates on the Site are the exclusive property of the Company and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Services for your compliance needs.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, and employees, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or any inaccurate or fraudulent compliance data you submit.

10. Dispute Resolution & Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You agree that, by entering into these Terms, you and MOTUS Help are each waiving the right to a trial by jury or to participate in a class action.

Mass Filings / Batching: If 25 or more similar disputes are asserted against the Company by the same or coordinated counsel, the disputes shall be batched and resolved in batches of up to 50 at a time. The American Arbitration Association (AAA) shall administer the arbitration in batches, and the parties agree to resolve the batched disputes sequentially, staying the remaining arbitrations and their fee demands until the active batch is resolved.

30-Day Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of the binding arbitration provision. If you opt out, all other provisions of these Terms will continue to apply.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Sheridan County, Wyoming for the resolution of any disputes.

12. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

These Terms (including all documents incorporated by reference) constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements or understandings.

13. Modifications to Terms and Services

We reserve the right to modify these Terms at any time. If we make material changes, we will provide at least 30 days' advance notice before they take effect by posting a prominent on-site alert on our website or by emailing you. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.