Terms of Service

StayClearance is a workflow platform that helps creditor teams check matters against bankruptcy court records before taking collection, enforcement, or litigation action. These terms are a contract between StayClearance LLC and the organization that opens an account ("Customer"). Individuals use the service under their organization's account and these terms.

StayClearance is a software tool, not a law firm, and does not provide legal advice. Search results, clearance statuses, review queues, and certificates are workflow artifacts that support, and never replace, the judgment of the Customer's own attorneys. The decision to take or not take action on any matter is solely the Customer's. See the Disclaimer for details.

StayClearance assists the Customer's bankruptcy screening; it does not perform that screening on the Customer's behalf. The Customer is solely responsible for:

• the accuracy and completeness of the information it enters, uploads, or connects, including debtor names, aliases, and identifiers;
• independently verifying any result before relying on it, including confirming the debtor's identity and the status of any bankruptcy case with the court; and
• every action it takes or does not take on any matter, including compliance with the automatic stay under 11 U.S.C. § 362 and all other applicable law.

The Customer assumes all risk of, and StayClearance is not responsible for, any stay violation, sanction, damages award, attorney's fees, or other loss arising from the Customer's actions or omissions, whether or not a search was run and whatever its result.

The Customer will defend, indemnify, and hold harmless StayClearance LLC and its owners, officers, and personnel against any third-party claim, including a claim by a debtor, trustee, or court, arising from the Customer's collection, enforcement, or litigation activity or its use of the service.

• Keep credentials confidential and use roles as intended; each user must have their own account.
• Submit only data you have the legal right to process, and only the last four digits of any SSN or EIN, never full identifiers.
• No attempts to breach tenant isolation, probe security, overload the service, or use it to violate any law, including the FDCPA and the Bankruptcy Code.

The Customer owns its data. StayClearance processes it only to provide the service, as described in the Privacy Policy. The Customer is responsible for the accuracy of the matter data it submits; a clearance result is only as good as the identifiers provided.

Where the service is connected to PACER or another court-records source, that provider's terms apply. StayClearance does not control and is not responsible for the completeness or timeliness of third-party court records.

Metered search fees. Searches run on StayClearance's PACER account incur a usage fee of $0.15 per billable page returned by PACER, accrued as searches run (including automatic monitoring re-checks and case-status polls) and billed monthly in arrears as a line item on the Customer's subscription invoice. When accrued, unbilled fees reach $50.00 before the invoice date, StayClearance may charge them sooner on a separate invoice to the payment method on file. Page counts are as reported by PACER. The per-page rate may change with 30 days' notice; changes apply to future searches only.

Customer PACER accounts. Where the Customer connects its own PACER account, PACER bills the Customer directly under PACER's own fee schedule and StayClearance charges no search fees. The Customer is responsible for its PACER account's standing, credentials, and fees. Documents opened on pacer.uscourts.gov while reviewing results are always billed by PACER directly.

THE SERVICE IS PROVIDED "AS IS." STAYCLEARANCE DOES NOT WARRANT THAT SEARCHES ARE COMPLETE OR ERROR-FREE OR THAT ANY CLEARANCE RESULT GUARANTEES THE ABSENCE OF A BANKRUPTCY FILING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAYCLEARANCE'S AGGREGATE LIABILITY IS LIMITED TO THE FEES PAID BY THE CUSTOMER IN THE TWELVE MONTHS BEFORE THE CLAIM, AND NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

You may cancel a paid plan at any time from Billing; it ends at the close of the current billing period and the account continues on the Free plan. To move to a smaller paid plan, contact us. An Owner or Admin may also close the account from Settings. Closing ends access for everyone in the organization and cancels any paid plan immediately: search fees not yet billed are charged on a final invoice, and fees already paid for the current billing period are not refunded. An Owner or Admin can reopen a closed account on the Free plan. Whether an account is closed or terminated, we keep its records, including the audit trail, terms acceptances, matters and clearance history, for as long as our audit-trail retention obligations and any legal hold require, and the Customer may request an export of its data.

We may update these terms; material changes will be notified to account administrators in advance. Continued use after the effective date constitutes acceptance.

These terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules.

Questions about this document or our practices: admin@stayclearance.com