Terms of Service

1. Overview and Acceptance

These Terms of Service ("Terms") govern your access to and use of the Northwest Clear website, platform, and related services (collectively, the "Platform"), operated by Northwest Clear ("Company," "we," "us," or "our"). By accessing or using the Platform — whether as a property owner, property manager, or other customer ("Customer"), or as a certified tester or vendor ("Vendor") — you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. What Northwest Clear Is (and Is Not)

Northwest Clear is a technology platform that coordinates connections between Customers who need compliance-related testing services (such as backflow assembly testing, fire suppression testing, elevator inspections, and other compliance areas) and independent, certified professionals ("Vendors") who perform that work.

Northwest Clear does not perform testing, inspections, maintenance, or repairs. We do not employ, supervise, direct, or control Vendors. We do not guarantee the quality, accuracy, completeness, or timeliness of any work performed by a Vendor. We do not guarantee that any test report will be accepted by any municipality, water purveyor, building authority, or other regulatory body.

Northwest Clear is not a licensed contractor, testing agency, inspection authority, or compliance enforcement body. We provide scheduling coordination, Vendor matching, and compliance document retention as a platform service.

3. Independent Contractor Relationship

Vendors who use the Platform are independent contractors. They are not employees, agents, joint venturers, or partners of Northwest Clear. Nothing in these Terms or on the Platform creates an employment, agency, partnership, or joint venture relationship between Northwest Clear and any Vendor.

Each Vendor is solely responsible for their own certifications, licenses, insurance, equipment, tax obligations, work quality, conduct on job sites, pricing, and compliance with all applicable federal, state, and local laws and regulations. Northwest Clear does not set Vendor pricing, control Vendor schedules, or dictate how work is performed.

4. Customer Responsibilities

By booking a service through the Platform, Customers acknowledge that Northwest Clear is acting solely as an intermediary to connect them with an independent Vendor. The service agreement for any testing, inspection, or repair work is between the Customer and the Vendor — not between the Customer and Northwest Clear.

Customers are responsible for providing accurate property and contact information, ensuring safe access to the work site, understanding their own compliance obligations, and verifying that completed work meets the requirements of their local jurisdiction or water purveyor. Northwest Clear does not verify or guarantee compliance on behalf of any Customer.

5. Vendor Responsibilities

Vendors are solely responsible for the quality and accuracy of all testing, inspections, maintenance, and repairs they perform. Vendors must hold and maintain all certifications, licenses, and insurance required by applicable law for the work they undertake. Vendors must comply with all applicable federal, state, and local laws, regulations, and industry standards.

Vendors agree to upload accurate and complete test reports to the Platform within the timeframes specified in the Vendor Participation Agreement. Vendors are responsible for submitting reports to the appropriate regulatory bodies as required by law — the Platform's document retention does not substitute for any required regulatory filing.

6. Platform Fees

Customers are not charged by Northwest Clear for booking through the Platform. Customers pay the Vendor directly for services rendered, at the Vendor's own pricing.

Vendors are charged a flat platform fee of $6.00 per completed job, triggered when the Vendor uploads the finished test report through the Platform. Fees are tallied over a rolling 30-day period and invoiced at the end of each cycle. Fee amounts are subject to change with 30 days' written notice to active Vendors.

7. Document Retention

Northwest Clear retains copies of test reports uploaded by Vendors for the purpose of supporting Customer compliance recordkeeping. This retention is provided as a convenience and does not constitute a guarantee of permanent storage, legal compliance, or acceptance by any authority. Customers and Vendors should maintain their own copies of all reports and documentation.

Northwest Clear is not responsible for data loss, corruption, or unavailability due to technical failures, service interruptions, or circumstances beyond our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

Northwest Clear, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Platform or any services performed by a Vendor, regardless of the theory of liability.

Northwest Clear's total aggregate liability for any claims arising out of or related to the Platform or these Terms shall not exceed the greater of (a) the total fees you have paid to Northwest Clear in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Without limiting the foregoing, Northwest Clear is not liable for any property damage, personal injury, regulatory penalty, compliance failure, failed inspection, rejected report, or any other loss arising from the acts or omissions of any Vendor, Customer, or third party.

9. Indemnification

You agree to indemnify, defend, and hold harmless Northwest Clear, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) any services performed or received through the Platform; (d) your violation of any applicable law or regulation; or (e) any dispute between a Customer and a Vendor.

10. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Northwest Clear disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Northwest Clear does not warrant that the Platform will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, reliability, or completeness of any content on the Platform, including Vendor profiles, availability, or any test reports stored on the Platform.

11. Dispute Resolution

Any disputes between a Customer and a Vendor regarding the quality, timing, pricing, or outcome of services are strictly between those parties. Northwest Clear is not a party to any such dispute and has no obligation to mediate, arbitrate, or resolve it. Northwest Clear may, at its sole discretion, assist with communication but assumes no liability for the outcome.

Any dispute arising out of or relating to these Terms or the Platform that involves Northwest Clear shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Washington. Each party shall bear its own costs unless the arbitrator determines otherwise. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. To the extent that any legal proceeding is permitted outside of arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Washington.

13. Accounts and Access

Vendor accounts are subject to approval and may be suspended or terminated at our sole discretion for violation of these Terms, the Vendor Participation Agreement, failure to maintain required certifications or insurance, or for any other reason. We reserve the right to refuse service to anyone.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

14. Intellectual Property

All content, design, software, trademarks, and other intellectual property on the Platform are owned by or licensed to Northwest Clear. You may not reproduce, distribute, modify, or create derivative works from any Platform content without our prior written consent.

15. Modifications to Terms

We may update these Terms at any time. Material changes will be communicated by posting the updated Terms on the Platform with a revised "Last updated" date. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. For Vendors with active accounts, material changes to fee structure will be communicated with at least 30 days' notice.

16. Severability

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

17. Entire Agreement

These Terms, together with the Privacy Policy and (for Vendors) the Vendor Participation Agreement, constitute the entire agreement between you and Northwest Clear regarding the Platform. These Terms supersede any prior agreements or understandings, whether written or oral.

18. Contact

Questions about these Terms may be directed to our contact page.