Terms of Service
By using ImportPreflight, you agree to these terms. ImportPreflight is a software tool to pre-screen product catalogs for U.S. import compliance signals (e.g. HTS classification heuristics, rule-based flags, and reference data bundled with the product). It is not a licensed customs broker, not a CBP/ACE filer, and not a replacement for professional judgment, export-control classification, or legal counsel. Your counsel should treat this draft as a starting point, not a finished agreement.
The agreement
The agreement is between you (and, if you are using ImportPreflight for an organization, that organization) and [COMPANY LEGAL NAME] ("ImportPreflight," "we," "us"). The governing law and venue for disputes are set out under [JURISDICTION] (placeholder — your lawyer will specify state or country, courts or arbitration, and any carve-outs).
Accepting the terms — By creating an account, clicking through sign-up, or using the product after a notice, you agree to this draft and the Privacy Policy for your environment. If you are accepting on behalf of a company, you represent that you have authority to bind that organization. If you do not agree, do not use the service.
The service
ImportPreflight does: ingest catalogs you provide, run automated classification and risk screening against data bundled with the product, surface results in the web application, and offer exports for your own workflows. ImportPreflight may send operational email (e.g. account security, support, and optional in-product notification email when you enable it) through configured providers.
ImportPreflight does not file with CBP/ACE, guarantee regulatory outcomes, or act as a lawyer or broker. Regulatory snapshots (e.g. HTS keyword data, import-alert lists, entity data) are refreshed on a best-effort basis; actual enforcement, admissibility, and line-item fact patterns can differ. See product documentation and ADR-0053 in the repository for the product thesis—your counsel will adapt this sentence for a public version.
Eligibility and accounts
You are responsible for keeping your credentials secure and for all activity on your account unless you can show unauthorized access and notify us without undue delay. You may not share a single user login with multiple people where that would violate the license; use invitations and roles instead. We may use email and in-product messages for security and legal notices. Provide accurate business contact information; do not create accounts with misleading identities.
Acceptable use
You will not, and will not help others, to the extent we can prohibit it under law—your lawyer may refine this list:
- probe, stress-test, or attack the product or our vendors without prior written permission;
- copy, reverse engineer, decompile, or try to learn non-public source except where permitted by law;
- use the product to process content that is illegal, fraudulent, hateful, harassing, or in violation of applicable trade controls;
- upload credentials of third parties without their consent;
- misrepresent the output of ImportPreflight as a government filing, legal opinion, or binding determination; or
- violate the intellectual-property or privacy rights of others.
Your data and content
You keep ownership of catalogs and any business data you provide. You grant us a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display that content only to operate, secure, and improve the service for you (and, if you choose support sharing, to troubleshoot). We do not claim IP ownership in your catalogs. Output generated for you is for your use subject to these terms. Your counsel will align this section with the Privacy Policy and any data-processing addendum you sign with customers.
Service output — accuracy and reliance
Read this box with counsel. ImportPreflight provides automated classification and risk screening. Outputs are advisory and informational only. A licensed customs broker, importer of record, or other qualified professional remains responsible for final classification, valuation, and filing decisions in real transactions. Bundled reference data and rules may be incomplete, outdated for a given fact pattern, or later changed by government agencies. Actual enforcement and port practices may differ. This software does not create an attorney–client, broker–client, or other regulated relationship unless you separately enter one.
Early access, availability, and support
The product may be labeled early access, beta, or similar. We do not commit to a particular uptime or response-time SLA in this period. We will make reasonable commercial efforts to keep the service available and to provide support as described in the materials your organization receives.
Fees and payment
Early access: Unless you have a separate order form, fees may be zero. When paid plans exist, the fee schedule, billing cycle, and taxes in your order will control. Until then, treat the cash paid in the last 12 months as zero dollars (USD) for the limitation-of-liability cap described below, unless a signed contract says otherwise.
Term and termination
You may close your account or request deletion in accordance with in-app flows and support where available. We may suspend or end access for material breach, risk, or if required by law, generally with notice where we can. Sections that should fairly survive (confidentiality, IP, limitations, governing law) survive as your attorney directs.
Warranty disclaimer
Except as expressly set out in a signed order form, the service is provided "as is" and "as available." To the maximum extent allowed by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. Jurisdictions that do not allow certain disclaimers may limit the above; your counsel will calibrate.
Limitation of liability
Nothing in these draft terms is intended to exclude liability that cannot be excluded by law (such as in some cases fraud or willful misconduct). Otherwise, to the maximum extent permitted, our total aggregate liability arising out of or related to the service in any 12-month period is limited to the greater of (a) the fees you paid to us in that 12 months, or (b) for early-access users with no contractually stated fees, one hundred U.S. dollars (USD 100.00) as a nominal cap — or zero (USD 0.00) if your counsel sets the cap that way and confirms a zero cap is valid in your jurisdiction. Your attorney must replace the cap with a final number, currency, and appropriate carve-outs for bodily injury, IP, and confidentiality. We are not liable for indirect, consequential, special, or punitive damages, or lost profits, in each case to the maximum extent allowed.
Indemnification (outline)
A typical B2B pattern is that each side defends the other from third-party claims arising from that side's breach, misuse, or unlawful input — the exact scope, notice, and control of defense belong in counsel's final draft, especially for trade-compliance content you upload and for IP claims. Do not copy this sentence into a final agreement without review.
Governing law and venue
[JURISDICTION] — to be set by your lawyer (U.S. state, federal, arbitration in Delaware or elsewhere, or another forum). Until then, this section is a placeholder only.
Export and sanctions
The software and your use of it may be subject to U.S. and other export and sanctions laws. You will comply with them. The product is not a substitute for a formal export classification (e.g. ECCN work).
Changes to these terms
We may post revised drafts. For material changes, we will aim to provide notice in-product and/or by email to your account. Continued use after the effective date may be treated as acceptance, subject to the laws in your area—validate with counsel, especially for consumers, if you ever open the product to non-business end users.