Terms of service

These terms apply to services bought from Profirm Inc. ("Profirm", "we") through profirmusa.com, by phone or by email. Ordering a service means you accept them.

1. Who we are and what we are not

Profirm Inc., 466 Rue St-Jacques, Napierville, QC J0J 1L0, Canada, is a private company. We are not part of, endorsed by, or acting for FMCSA, USDOT, the UCR plan, any state agency or any Canadian government body. We operate a drug and alcohol testing consortium as a consortium / third-party administrator (C/TPA) under 49 CFR Part 40 and Part 382, and we file registrations and returns as your authorized third-party filer.

2. Services

The services and their prices are listed on the pricing page at the time of order. Each service includes what the price list says it includes. Anything else is quoted separately in writing before we do it.

3. Your responsibilities

• Provide accurate and complete information, and tell us promptly when it changes. Filings are made from what you give us.
• Complete steps that only you can complete, such as identity verification in Login.gov for Motus, signing the drug and alcohol policy, paying government fees on Pay.gov where required, and making drivers available for testing when selected.
• Remain the party legally responsible for compliance under 49 CFR and applicable state and provincial law. Our services support that obligation; they do not transfer it.
• Notify us the same day of any event that triggers a testing or reporting obligation, such as an accident, a refusal, or a driver's change of status.

4. Fees

Our fees are stated in US dollars and are for our work. Government fees (for example the 300 USD FMCSA fee per operating authority type, UCR bracket fees, state decal fees) are separate, are shown separately, and are paid either directly by you to the agency or through us at cost. Laboratory, collection and MRO charges for tests are billed per test as listed. Substance Abuse Professional fees are paid by the driver to the SAP.

Prices marked as launch pricing may change; a price you have paid is locked for twelve months for that service.

5. Payment

Payment is due before a certificate is issued or a filing is submitted, by card through a secure payment link or by ACH for fleets. We do not take card numbers over unsolicited calls. Unpaid invoices for tests already performed are due within 30 days.

6. Renewals and cancellation

Annual services renew once a year. We send a reminder at least 30 days before renewal. You may cancel at any time by email or phone; cancellation stops the next renewal. Fees for the current period are not refunded once the certificate has been issued or the filing submitted, except that unused quarters of a prepaid IFTA plan are refunded. Cancelling consortium membership ends your random testing program; you are responsible for joining another program without a gap.

7. Timing

Consortium certificates are issued the same business day for enrollments completed before 4 pm Eastern. Government processing times, including the approximately 21 days for operating authority, are outside our control and are stated as estimates only.

8. Records and confidentiality

Drug and alcohol testing records are handled under 49 CFR Part 40 and our privacy policy. We keep filings and records for the periods required by regulation and provide copies to you on request. When you leave, we transfer your testing records to your new C/TPA on your written instruction, as 49 CFR 40.333 allows.

9. Errors

If a filing is rejected or a certificate is wrong because of our error, we correct and refile at no additional service charge. If the cause is information you provided, or a government-side issue such as identity verification, insurance filing or a system outage, we tell you what is needed and refile once resolved. Government fees paid on a rejected filing are not refundable by us.

10. Limits of liability

To the extent permitted by law, our total liability for any claim arising from a service is limited to the fees you paid us for that service in the twelve months before the claim. We are not liable for indirect or consequential losses, including lost loads, fines, out-of-service orders, audit outcomes or lost revenue, except where caused by our gross negligence or willful misconduct. Nothing here limits liability that cannot be limited by law.

11. No legal or tax advice

Information on this site and in our guides is general information about regulations as we understand them at the date shown. It is not legal or tax advice. For advice on your specific situation, consult a lawyer or accountant.

12. Website use

Content on this site belongs to Profirm and may be quoted with attribution and a link. Do not scrape the site, submit false information through forms, or use the site to impersonate another party.

13. Governing law and disputes

These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable there, without prejudice to consumer protection rights you may have where you live. We prefer to resolve any disagreement by talking first; contact us at [email protected] or 450-245-0005.

14. Changes

We may update these terms. The date at the top shows the current version. Services ordered after a change are governed by the new terms.