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Terms of Service

Effective Date: July 30, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ImportCal, a C-Corporation ("ImportCal," "Company," "we," "us," or "our"), governing your access to and use of our website, AI-powered import duty calculation platform, and all related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Services

2.1 Service Overview

ImportCal provides an AI-powered platform that analyzes commercial invoices and shipping documents to:

  • Classify products using Harmonized System (HS) codes
  • Calculate estimated U.S. import duties and taxes
  • Identify applicable fees including MPF, HMF, Section 301 tariffs, anti-dumping duties, and countervailing duties
  • Generate professional PDF reports for customs documentation
  • Provide real-time updates on tariff changes and trade regulations

2.2 Important Disclaimers

THE SERVICES PROVIDE ESTIMATES ONLY. ImportCal's calculations are based on publicly available information and AI analysis. They are not:

  • A substitute for professional customs broker advice
  • Legal or tax advice
  • A guarantee of actual duties assessed by U.S. Customs and Border Protection (CBP)
  • Binding determinations of product classifications

Final duty determinations are made solely by CBP. Users are responsible for verifying all calculations and classifications with appropriate professionals before making import decisions.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

  • Accurate, current, and complete registration information
  • A valid email address
  • A secure password meeting our security requirements

3.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breaches
  • Ensuring your account information remains accurate and up-to-date

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

  • Violate these Terms or any applicable laws
  • Engage in fraudulent or abusive behavior
  • Compromise the security or integrity of our Services
  • Remain inactive for extended periods

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. You agree to use the Services solely for:

  • Legitimate business purposes related to international trade
  • Calculating estimated import duties for actual or prospective shipments
  • Educational purposes related to understanding import regulations

4.2 Prohibited Activities

You agree NOT to:

  • Use the Services for any illegal or unauthorized purpose
  • Violate any international, federal, state, or local laws or regulations
  • Transmit any malware, viruses, or malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Services or servers
  • Scrape, harvest, or collect data from the Services without permission
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Use automated systems or bots without our express written consent
  • Impersonate any person or entity or misrepresent your affiliation
  • Upload false, misleading, or fraudulent information
  • Circumvent any security features or access restrictions
  • Use the Services to compete with ImportCal or create derivative services

5. Pricing and Payment Terms

5.1 Beta Access Pricing

During our beta phase, we offer lifetime access for a one-time payment of $99. This includes:

  • Unlimited duty calculations
  • Access to all current and future features
  • Priority customer support
  • Input on product development
  • Grandfathered pricing (no future subscription fees)

5.2 Payment Processing

All payments are processed through secure third-party payment processors. By providing payment information, you:

  • Authorize us to charge the applicable fees
  • Represent that you have the legal right to use the payment method
  • Agree to pay all charges at the prices in effect when incurred

5.3 Refund Policy

Beta access purchases are generally non-refundable except:

  • Within 14 days of purchase if you have not used the Services
  • If we fail to provide the Services as described
  • As required by applicable law

6. Intellectual Property Rights

6.1 ImportCal's Intellectual Property

All content, features, and functionality of the Services, including but not limited to:

  • Software, algorithms, and AI models
  • Text, graphics, logos, and images
  • Data compilations and databases
  • User interfaces and designs
  • Trademarks and service marks

are owned by ImportCal or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only.

6.3 User Content

By uploading content to our Services, you:

  • Retain ownership of your content
  • Grant us a worldwide, non-exclusive, royalty-free license to use, process, and analyze your content solely to provide the Services
  • Represent that you have all necessary rights to the content
  • Agree that we may anonymize and aggregate data for improvement purposes

7. Disclaimers and Limitations of Liability

7.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, IMPORTCAL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
  • WARRANTIES REGARDING SECURITY OR FREEDOM FROM VIRUSES

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMPORTCAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • CUSTOMS PENALTIES, FINES, OR ADDITIONAL DUTIES
  • ERRORS IN DUTY CALCULATIONS OR HS CODE CLASSIFICATIONS
  • RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless ImportCal and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party rights
  • Any content you upload or submit through the Services
  • Your customs declarations or import activities

9. Third-Party Services and Links

The Services may contain links to third-party websites or integrate with third-party services. We are not responsible for:

  • The content, accuracy, or practices of third-party sites
  • Products or services offered by third parties
  • Your interactions with third-party services

Your use of third-party services is governed by their respective terms and policies.

10. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to our collection, use, and disclosure of information as described in the Privacy Policy.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms with a new effective date
  • Sending email notification to registered users
  • Displaying a prominent notice on the Services

Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting support@importcal.ai. Termination does not entitle you to any refunds unless otherwise required by law.

12.2 Termination by ImportCal

We may suspend or terminate your access to the Services immediately, without prior notice or liability, if:

  • You breach any provision of these Terms
  • We are required to do so by law
  • We discontinue the Services
  • We believe your actions may harm ImportCal or other users

12.3 Effect of Termination

Upon termination:

  • Your right to use the Services immediately ceases
  • We may delete your account and associated data
  • All provisions that should survive termination shall remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Arbitration Agreement

ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.

Arbitration shall be conducted by JAMS under its Streamlined Arbitration Rules. The arbitration shall be held in Delaware or remotely via video conference.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ImportCal regarding the Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Export Compliance

You acknowledge that the Services may be subject to U.S. export control laws and regulations. You agree not to export or re-export any part of the Services in violation of these laws.

16. Contact Information

For questions about these Terms of Service, please contact us:

  • Email: support@importcal.ai
  • Subject Line: Terms of Service Inquiry

17. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.