Terms of Service

DutyRecoverAI will be operated by a UK private limited company that has not yet been incorporated. These Terms of Service ("Terms") will be an agreement between that company ("DutyRecoverAI", "we", "us") and the organization that uses DutyRecoverAI ("you"), and they cover the DutyRecoverAI website and application at dutyrecover.ai (the "Service"). The company's registered name, company number and registered office will be stated here before these Terms take effect. When you accept these Terms — by ticking the acceptance box before you first use the workspace, or by otherwise using the Service — you agree to them on behalf of yourself and the organization you use the Service for, and you confirm that you are authorized to do so. The Private Beta terms in section 11 and the data processing terms in section 8 are part of these Terms. Our Privacy Policy explains how we handle personal information; it is a notice, not part of this agreement.

The Service is for businesses. You may use it only for the purposes of your trade, business or profession — for example as an importer, a customs broker or a trade-compliance adviser — and not as a consumer. You must be at least 18 years old. During the private beta, accounts are available by invitation only.

Your organization's administrators invite users and give each one a role: Admin, Analyst or Read Only. You are responsible for your users, for keeping sign-in details confidential, and for all activity under your organization's accounts. Tell us promptly at security@dutyrecover.ai if you suspect unauthorized access. Keep your account information accurate and up to date.

DutyRecoverAI is analysis software. Depending on your plan, it: • analyzes the customs and import data you supply, such as entry summary data uploaded as CSV files; • identifies potential duty-recovery opportunities, such as duty drawback, Section 301 exclusions, FTA post-entry claims, entry errors and protest deadlines; • helps you organize supporting documents and evidence; • surfaces deadlines and suggested next steps; and • prepares draft reports, case packets and CBP audit-response drafts for you and your professional advisers to review. The features in each plan are described on our pricing page. Some features use artificial intelligence (section 6).

"Customer Data" means the data, files and documents that you or your users upload or enter into the Service, and the results the Service produces from them. You own your Customer Data. You give us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service for you, and to comply with the law. You confirm that you have the right to provide your Customer Data for use in the Service, including any personal data it contains, and that doing so does not break any law or infringe anyone's rights. We keep Customer Data confidential. We access it only to provide the Service, to give you support you ask for, to investigate problems or security issues, or where the law requires. You can download a CSV report of your recovery opportunities from the Opportunities page at any time, and you can ask us for an export of your other Customer Data. Keep your own copies of the source data and documents you upload: during the private beta we do not commit to backing up Customer Data or to restoring data that is lost or deleted.

Roles. Much of the information in customs records is business information rather than personal data. Where Customer Data includes personal data — for example the names and contact details of individuals in entry records or uploaded documents ("Customer Personal Data") — you are the controller, and we process it as your processor, only on your documented instructions, to provide the Service. These Terms and your use of the Service's features are your instructions. We are a controller of the personal data we use for our own purposes: account administration, authentication, billing, security, preventing fraud and abuse, support, running the Service, and meeting our legal obligations. Our Privacy Policy explains that processing. Processing details. Subject matter and duration: providing the Service to you, for as long as you use it and until Customer Personal Data is deleted under section 16. Nature and purpose: storing, analyzing and organizing Customer Data and producing results from it, including through AI-assisted features, to provide the Service. Types of personal data: names, contact details, job titles, signatures and other identifiers of individuals that appear in the customs and import records, correspondence and documents you upload. Categories of data subjects: individuals connected with your import activity, such as your staff, suppliers, customers, customs brokers, carriers and other trade contacts. Our commitments. When we process Customer Personal Data, we will: • process it only on your documented instructions, including in relation to transfers outside the UK, unless the law requires otherwise — in which case we will tell you first, unless the law prohibits that — and tell you if we believe an instruction breaks data protection law; • ensure that anyone we authorize to process it is bound by confidentiality; • protect it with appropriate technical and organizational measures, including those described on our Security page; • use only the subprocessors listed in our Privacy Policy, under written terms that impose data protection obligations on them consistent with these; tell you before we add or replace a subprocessor and give you the opportunity to object — if we cannot reasonably address your objection, you may cancel and ask us to delete your data; and remain responsible to you for our subprocessors; • transfer it outside the UK only to the providers and locations listed in our Privacy Policy, using the safeguards described there; • help you, taking into account the nature of the processing, to respond to individuals exercising their rights, and to meet your obligations on security, personal data breaches, data protection impact assessments and consultation with regulators; • notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data; • at the end of the Service, or on your request, return it to you (by export) or delete it, at your choice, under section 16, unless the law requires us to keep it; and • make available the information needed to demonstrate that we meet these commitments, and allow for and contribute to audits, including inspections, by you or an auditor you appoint, on reasonable notice, at your cost, and no more than once a year unless a regulator requires it or a personal data breach has occurred.

You must not, and must not allow anyone else to: • use the Service to prepare or support a false, misleading or fraudulent claim or statement to CBP or any other authority; • upload data you have no right to use, or malware or other harmful code; • try to access another organization's data, or probe, scan or test the Service's security without our written permission; • interfere with or overload the Service, or get around its rate limits, plan limits or access controls; • copy, resell or sublicense the Service, or use it to build a competing product; or • reverse engineer the Service, except where the law allows it despite this restriction. If you find a security vulnerability, please report it to security@dutyrecover.ai.

We and our licensors own the Service, including its software, detection methods, designs, text and trademarks. These Terms give you a right to use the Service while your account is active; they do not transfer any intellectual property to you. If you give us feedback or suggestions, we may use them freely without any obligation to you. We will not identify you publicly as the source of feedback without your permission.

The Service is in private beta. This section is part of these Terms and applies for as long as we describe the Service as a beta. • Access is by invitation. Features may be added, changed or removed, and some may be incomplete or contain errors. • There is no service level agreement during the beta: we make no commitments on availability, support response times, backups or data recovery. We will try to give notice of planned downtime and significant changes. • You do not have to give feedback. If you do, section 10 applies. • We may end the private beta, or move the Service to general availability on different terms, by giving you at least 30 days' notice. You can export your data before the beta ends (section 7). • If we permanently discontinue a paid Service before the end of a billing period you have paid for, we will refund the prepaid fees attributable to the unused part of that period. This applies only to permanent discontinuation: it does not apply to temporary unavailability, maintenance or downtime, and it is not a commitment to any level of availability. Beta confidentiality. During the beta we may share non-public information about the Service with you, such as unreleased features, plans and non-public pricing ("Beta Confidential Information"). You must keep Beta Confidential Information confidential and use it only to evaluate and use the Service, during the beta and for two years after your participation in the beta ends. This does not apply to information that is or becomes public through no fault of yours, that you already knew or developed independently, or that the law requires you to disclose. You are free to discuss your own results and your own experience of the Service, and to publish truthful reviews and comparisons, as long as you do not disclose Beta Confidential Information.

Paid plans are monthly subscriptions at the prices shown on our pricing page when you subscribe. Prices are in US dollars and exclude taxes; if we are required to charge VAT, sales tax or a similar tax, we will add it to your invoice. Subscriptions are billed monthly in advance by our payment provider, Stripe, and renew each month until cancelled. By subscribing, you authorize recurring charges to your payment method. We will give you at least 30 days' notice before a price increase applies to your subscription, so that you can cancel before it does. If a payment fails, we will tell you. If it is still unpaid after the grace period stated in that notice, we may suspend paid features or move your organization to the Free plan. Upgrades and downgrades take effect when you make them.

You can cancel a paid subscription at any time from Settings → Billing, or by emailing support@dutyrecover.ai. Cancellation takes effect at the end of the current paid billing period: you keep your paid features until then, and your organization then moves to the Free plan. Fees are not refunded for partial billing periods, except where the law requires it or section 11 provides otherwise. Cancelling does not delete your data. Your data stays in your account until it is deleted under section 16.

We may suspend all or part of your access to the Service if: • a payment is still overdue after the grace period described in section 12; • you, or a user in your organization, materially breach these Terms, including section 9; • suspension is necessary to prevent a security risk to the Service, our other customers or anyone else; or • the law, a sanctions requirement or an authority requires it. Where lawful and practical, we will tell you the reason in advance, limit the suspension to what is necessary, and restore access once the issue is resolved. We may suspend immediately, and tell you afterwards, in cases of suspected fraud, unlawful use, a security compromise, serious abuse, or a legal or sanctions requirement.

You may stop using the Service at any time and cancel as described in section 13. To close your organization's account and have its data deleted, an administrator can email privacy@dutyrecover.ai. We may end these Terms and your access to the Service: • if you materially breach these Terms in a way that can be put right, and you do not put it right within 14 days after we tell you about it; • immediately, by notice to you, if you materially breach these Terms in a way that cannot be put right, or in cases of fraud, unlawful use of the Service, a security compromise, serious abuse, or where the law, a sanctions requirement or an authority requires it; or • for any other reason, by giving you at least 30 days' notice, in which case section 11 applies to refunds. When these Terms end, your right to use the Service ends. Sections 5, 7, 8, 10, 11 (beta confidentiality), 16, 18, 19, 20, 21 and 23 continue to apply.

When your organization's account is closed or these Terms end, or when we receive a verified deletion request from an administrator, we delete your Customer Data under our documented deletion process, without undue delay and within one month where data protection law applies. Before then, you can download your reports and ask us for an export of your other data. We may keep: • information the law requires us to keep, such as accounting and tax records, for as long as the law requires; and • information that is subject to a legal obligation to preserve it, until that obligation ends. Our Privacy Policy sets out our retention periods.

The Service relies on the third-party providers listed in our Privacy Policy. Payments are handled by Stripe, and Stripe's own terms apply to your payment details. The Service uses public sources such as CBP rulings, the Harmonized Tariff Schedule and Federal Register notices. These can be incomplete, delayed, or changed after we retrieve them. Rules and eligibility may change. Verify exclusion dates before filing. Links to other websites are provided for convenience; we are not responsible for their content.

Except as these Terms expressly state, the Service is provided "as is" and "as available". To the extent the law allows, we exclude all warranties, conditions and other terms that would otherwise be implied by statute, common law or otherwise, including terms as to satisfactory quality and fitness for a particular purpose. In particular, we do not promise that the Service will be uninterrupted or error-free, or that any analysis, estimate, deadline or AI-generated output will be accurate, complete or current.

19.1 Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. 19.2 Subject to section 19.1, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: (a) any indirect or consequential loss; (b) any loss of profits, revenue, business, goodwill or anticipated savings; or (c) any customs duties, taxes, fees, refunds, drawback or other amounts that are not recovered, or any recovery opportunity that is missed, delayed, reduced or denied, including because a deadline was missed. 19.3 Subject to section 19.1, our total liability to you arising out of or in connection with these Terms and the Service is limited to the greater of: (a) the fees paid or payable by you for the Service during the 12 months before the event giving rise to the liability; and (b) £1,000. 19.4 These limits reflect the price of the Service, the private beta status of the Service, and the fact that you decide what to file and remain responsible for your filings (section 5).

You will indemnify us against losses, damages, costs (including reasonable legal fees) and expenses that we incur as a result of a claim or action brought against us by a third party, including a government authority, to the extent that it results from: (a) Customer Data or other content that you had no lawful right to provide to us; (b) unlawful instructions that you give us; or (c) filings, submissions or other actions before CBP or another authority that you make, or that are made on your behalf, based on your own decisions. We will tell you promptly about any such claim, give you reasonable control of its defense and settlement, and not settle it without your consent, which you will not unreasonably withhold.

If you have a concern about the Service, please contact us first at support@dutyrecover.ai so we can try to resolve it informally. This does not stop either of us from going to court, or from seeking urgent relief. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

We may update these Terms, for example when we change the Service or when the law changes. For a material change we will ordinarily give you at least 14 days' notice by email or in the Service. A change needed urgently for legal, security, abuse-prevention or similar reasons may take effect sooner where that is reasonably necessary, and we will tell you as soon as practicable. You will be asked to accept the updated Terms before you continue to use the workspace; if you do not accept them, you can still manage and cancel your subscription. Each version of these Terms has a version identifier and an effective date, shown at the top of this page, and we keep a record of the version each user accepted.

• Entire agreement: these Terms are the whole agreement between you and us about the Service, and they replace any earlier arrangement about it. • Transfer: you may not transfer these Terms without our written consent. We may transfer them to a company that takes over the Service, and we will tell you if we do. • Events outside our control: we are not responsible for delays or failures caused by events outside our reasonable control. • Third-party rights: no one other than you and us has any right to enforce these Terms. • Severability: if a court finds part of these Terms unenforceable, the rest continues to apply. • No waiver: if we delay in enforcing these Terms, we can still enforce them later. • Notices: we send notices to the email addresses of your organization's administrators. Send notices to us at support@dutyrecover.ai.

The operating company's registered name, company number and registered office will be added here when it is incorporated. Questions about these Terms, and legal notices: support@dutyrecover.ai Privacy and data requests: privacy@dutyrecover.ai Security reports: security@dutyrecover.ai