These Terms govern your use of claimguardhelp.comand ClaimGuard's services, operated by JKISS LLC (“ClaimGuard,” “we,” “us”). By using the site or creating an account, you agree to these Terms, our Privacy Policy, and (for recovery) to the Authorization & Contingency Service Agreement, which controls if it conflicts with these Terms.

1. Two services

ClaimGuard Freight (free to start): a contingency accounts-receivable recovery service for motor carriers — we pursue transportation charges owed to you, including but not limited to detention, layover, TONU, lumper fees, storage charges, loading/unloading charges, accessorial charges, broker non-payment claims, short-paid freight, unpaid freight, invoice disputes, transportation receivables, and related transportation charges.
ClaimGuard Pro (paid): self-service dispute documents and templates for independent contractors. Access to paid documents requires a current paid plan.

2. Not a law firm; regulatory positioning

ClaimGuard provides accounts-receivable recovery, administrative support, and documentation assistance. ClaimGuard is not a law firm and does not provide legal advice; not a collection agency in any jurisdiction where that would require a license we do not hold (we limit our activities accordingly); not a freight broker; not a transportation intermediary; and not a debt purchaser. No attorney-client relationship is created with ClaimGuard.

ClaimGuard Freight does not guarantee recovery of any amount. ClaimGuard assists carriers with documentation review, payment follow-up, and recovery support for transportation-related payment issues, including detention, layover, TONU, lumper, accessorial, and unpaid freight charges. Any amounts submitted for recovery are based on the carrier's records and supporting documentation.

3. ClaimGuard Freight — recovery service

(a) Authorization (agent of the payee) & payment authority. When you submit a claim, you authorize ClaimGuard to act as your agent to contact the broker/debtor, request and review documents, prepare and send demands, and receive and process payment on your behalf — including ACH and wire transfers, checks (and endorsement where legally permitted), deposits, negotiating payment arrangements, processing settlements, and partial payments. As between you and ClaimGuard, payment ClaimGuard receives on a claim is treated as payment to you, as if paid to you directly.

(b) Contingency fee.ClaimGuard charges a flat 25% recovery fee on the gross amount actually recovered on each claim through ClaimGuard's efforts. You keep 75% of recovered amounts. If no recovery is made, you owe no recovery fee.

(c) Funds, clearance, and reversals. Recovered funds are held in a separate client-funds account; we deduct our 25% and remit your net within ten (10) business days after recovered funds have fully cleared and any applicable reversal, return, dispute, or chargeback period has expired. If a payment is later returned, reversed, charged back, or fails (returned checks, ACH reversals, wire recalls, bank errors, fraud, etc.), it is deemed not collected; if we already remitted, you will repay on demand and we may offset the amount against current or future remittances.

(d) Settlement authority. We may accept payment in full without further approval. We must obtain your approval, which may be provided electronically, before accepting any settlement for less than the full claimed amount.

(e) Collectability; disputes & offsets. If a broker, shipper, debtor, factor, or other party raises a cargo-damage claim, shortage, service failure, chargeback, offset, defense, counterclaim, or other dispute affecting collectability, we may reject, suspend, close, or withdraw the claim. We are not liable for any failure or reduction of recovery due to impaired collectability, insolvency, disputes, or offsets. We may also reject, suspend, close, or withdraw any claim we believe, in our reasonable discretion, is fraudulent, unsupported, inaccurate, incomplete, misleading, commercially unreasonable, outside our service scope, or likely to create legal, regulatory, reputational, or collection risk.

(f) Your representations; factoring/assignment. You represent that your information and documents are accurate, that you own the claim, and that the claim is not factored, assigned, pledged, sold, or encumbered — or that you have obtained all required approvals from any factor, lender, assignee, or secured party. You will provide proof on request.

(g) FMCSA verification. We verify carrier identity against public FMCSA records; you confirm the matched record is your company before we proceed. We may rely upon FMCSA records, SAFER records, public filings, transportation records, and other reasonably reliable business records unless you provide evidence showing such information is materially inaccurate.

(h) No guarantee. We do not guarantee any recovery.

(i) Verification authority. Carrier authorizes ClaimGuard to verify submitted information, claim details, carrier authority, broker information, payment status, and supporting documentation through brokers, shippers, receivers, consignees, factors, lenders, assignees, FMCSA records, public records, payment records, and other relevant sources.

(j) Carrier cooperation. You agree to timely provide all documents, records, explanations, confirmations, and cooperation we reasonably request. Failure to cooperate, to provide requested documents, or to respond to reasonable requests may result in suspension or closure of the claim without liability to us.

The full recovery terms are in the Authorization & Contingency Service Agreement, which you accept electronically when you submit a claim.

4. Attorney referrals

If a claim warrants legal action, we may, with your consent, refer you to independent counsel. Any engagement is solely between you and that counsel. We do not provide legal services, do not share or split legal fees, and receive no portion of any attorney's fees.

5. Indemnification

You will indemnify, defend, and hold harmlessClaimGuard and JKISS LLC from claims, losses, and expenses (including reasonable attorneys' fees) arising from false or fraudulent claim submissions or documents, ownership or factoring/assignment disputes, unauthorized claim submissions, or any third-party claim resulting from your acts, omissions, or misconduct.

6. Accounts

You are responsible for your credentials and account activity. Accounts inactive for 6 months may be removed, except accounts with an open claim or funds owed.

7. ClaimGuard Pro — paid documents

Paid documents/templates are licensed to you for your own dispute use. Pricing/billing are shown on the Pricing page and at checkout. Our refund policy is published at /refund-policy.

8. Acceptable use

Don't misuse the site, submit false information, or pursue claims you don't own or that are fraudulent.

9. Electronic records and signatures

Electronic signatures, uploaded documents, digital communications, electronic records, PDFs, and electronic notices used with our services are valid and carry the same legal effect as paper originals, to the fullest extent permitted by the E-SIGN Act, UETA, and applicable law.

10. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability shall not exceed the greater of: (a) the fees you actually paid us during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) Five Hundred Dollars ($500). In no event are we liable for lost profits, lost business opportunities, business interruption, indirect, incidental, special, consequential, exemplary, or punitive damages.

11. Termination

Either party may stop using/providing the services at any time. Termination does not affect our right to our Fee on any claim recovered, substantially advanced, negotiated, paid, resolved, or for which payment is received within ninety (90) days after termination, or later paid by any broker, shipper, debtor, factor, or other party contacted by us or connected to recovery efforts substantially performed by us before termination.

12. Governing law & disputes

Governed by the laws of the State of Texas. Any dispute arising out of or relating to these Terms or the services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Dallas County, Texas, before one arbitrator. Each party waives any right to a jury trial and to bring or participate in a class or representative action. Either party may instead bring an individual claim in small-claims court for matters within its jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

13. Changes

We may update these Terms; material changes are posted here with a new date.

Contact

info@jkissllc.com · JKISS LLC, 2901 E Mayfield Rd #2103, Grand Prairie, TX 75052.

Terms of Service