Terms and Conditions

2.1. By creating an Account, accessing the Platform, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any other policies referenced herein.

2.2.If you are using the Platform on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

2.3. If you do not agree to these Terms, you must not use the Platform or the Services.

2.4. These Terms apply to all Users of the Platform, including but not limited to customs brokers, freight forwarders, importers, exporters, and any other parties who access the Platform through a Workspace invitation or Declaration collaboration.

3.1. DutyDeclared is a cloud-based software platform that enables Users to prepare, validate, manage, and submit UK customs import declarations to HMRC via the CDS API.

3.3. DutyDeclared is a software platform. We are not a customs brokerage, customs advisory service, freight forwarding service, or HMRC-authorised agent. We do not provide customs advice, tax advice, or legal advice. Users are solely responsible for the accuracy and legality of their declarations.

3.4. The Platform transmits Declarations to HMRC exactly as instructed and prepared by the User. We do not review, verify, or modify the content of Declarations prior to submission.

4.1. Account Creation. To access the Platform, you must create an Account by providing a valid email address and completing the registration process via our supported authentication methods (currently email-based one-time password or email and password).

4.2. Accuracy of Information. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to maintain its accuracy.

4.3. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately at support@dutydeclared.com if you become aware of any unauthorised use of your Account.

4.4. One Account Per Person. Each individual may maintain only one Account. Creating multiple accounts to circumvent usage limits, suspension, or termination is prohibited.

4.5. Age Requirement. You must be at least 18 years of age to create an Account and use the Platform.

4.6. Verification. We reserve the right to verify the identity and authority of any User, and to request additional documentation to confirm eligibility to use the Platform.

5.1. Workspace Creation. Upon completing onboarding, Users may create one or more Workspaces to organise their declarations, team members, and integrations. Each Workspace represents a distinct business entity or client.

5.2. Owner Responsibilities. The Workspace Owner is responsible for managing the Workspace, including inviting and removing members, configuring settings, managing the Subscription, and ensuring that all Workspace members comply with these Terms.

5.4. Sub-workspaces.Workspace Owners may create Sub-workspaces under their parent Workspace. Sub-workspaces inherit the parent Workspace's Subscription and are subject to the same usage limits. Sub-workspaces are typically used by customs agents or freight forwarders to manage individual client accounts.

5.5. Declaration Roles. In addition to Workspace roles, Users may be invited to specific Declarations with declaration-level roles (Agent, Logistic, Importer, Exporter, or Guest), granting them access to that particular Declaration without requiring Workspace membership.

5.6. Member Management. Workspace Owners and Admins may invite, remove, or change the roles of Workspace members at any time. Removed members will lose access to the Workspace and its Declarations immediately.

6.2. Pricing. Current pricing for each Plan is displayed on the Platform and our website. Prices are stated in British Pounds (GBP) and are exclusive of VAT unless otherwise stated.

6.3. Billing Cycle. Paid Subscriptions are billed on a recurring monthly or annual basis, depending on the billing cycle selected at the time of purchase. The billing cycle begins on the date of initial subscription.

6.4. Payment Processing.All payments are processed securely through Stripe, our third-party payment processor. By subscribing to a paid Plan, you agree to Stripe's terms of service. We do not store your full payment card details on our servers.

6.5. Free Tier. The Free Plan provides limited access to Platform features at no cost. We reserve the right to modify the features, limits, or availability of the Free Plan at any time.

6.6. Renewal. Paid Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date. You will be charged the then-current rate for your Plan at each renewal.

6.7. Cancellation.You may cancel your Subscription at any time through the Platform's billing settings. Upon cancellation, your paid features will remain active until the end of the current billing period, after which your Workspace will revert to the Free Plan.

6.8. Refund Policy. [TO BE CONFIRMED]

6.9. Failed Payments.If a payment fails, we will attempt to process the payment again in accordance with Stripe's retry schedule. If payment cannot be collected after reasonable attempts, we may suspend or downgrade your Subscription until payment is resolved.

6.10. Price Changes.We may change Subscription prices from time to time. Any price changes will take effect at the start of the next billing cycle following notice of the change. We will provide at least 30 days' notice of any price increases.

6.11. Usage Limits. Each Plan includes specific usage limits (declarations per month, HSGenie classifications, workspace members, etc.) as set out in Section 6.1. If you exceed these limits, you may be prompted to upgrade to a higher-tier Plan.

6.12. Enterprise Plans. Enterprise Plans are available with custom pricing, features, and terms. Contact support@dutydeclared.com for Enterprise enquiries.

7.1. Nature of Integration.The Platform integrates with HMRC's Customs Declaration Service (CDS) to enable Users to submit customs declarations electronically. This integration is provided on a "software intermediary" basis and does not constitute a customs agency, advisory, or brokerage relationship.

7.2. HMRC Credentials. To submit declarations via the Platform, you must connect your Workspace to your HMRC Government Gateway account using the OAuth 2.0 authorisation flow. You authorise DutyDeclared to act as a software intermediary to transmit declarations on your behalf using the credentials you provide.

7.3. Software Intermediary. DutyDeclared operates as a registered HMRC software vendor. We transmit Declarations to HMRC exactly as prepared by the User and relay HMRC notifications back to the User. We do not independently verify, audit, or modify Declaration content.

7.4. User Responsibility. You are solely responsible for ensuring that all information submitted to HMRC via the Platform is accurate, complete, and compliant with all applicable customs legislation, tariff classifications, and regulatory requirements. DutyDeclared shall not be liable for any penalties, fines, duties, taxes, or other consequences arising from inaccurate or non-compliant declarations.

7.5. HMRC Notifications.The Platform receives and displays notifications from HMRC regarding the status of submitted Declarations (e.g., accepted, rejected, cleared, tax assessed). We relay these notifications as received and do not guarantee the timeliness or completeness of HMRC's notification system.

7.6. Payment Methods. The Platform supports various HMRC payment methods for customs duties and taxes, including electronic credit transfer, deferment accounts, and cash accounts. The User is responsible for ensuring that valid payment arrangements are in place with HMRC prior to submitting declarations.

7.7. Token Security. HMRC OAuth tokens are encrypted using Google Cloud Key Management Service (KMS) and stored securely. Access tokens are refreshed automatically as needed. We do not store your HMRC Government Gateway password.

8.1. Compliance with Laws. You agree to use the Platform in compliance with all applicable local, national, and international laws and regulations, including but not limited to UK customs legislation, trade regulations, sanctions regimes, and data protection laws.

8.2. Accuracy of Data. You are solely responsible for the accuracy, completeness, and legality of all data, documents, and information you enter into or upload to the Platform, including but not limited to party details, goods descriptions, HS codes, values, weights, and country of origin declarations.

8.3. Authorisation. You represent and warrant that you are properly authorised to make customs declarations for the goods and parties identified in your Declarations. If you are acting as an agent or intermediary, you confirm that you hold valid authorisation from the importer or declarant.

8.4. Document Retention. You acknowledge that HMRC may require retention of customs documentation for a period of at least four (4) years from the date of declaration. The Platform provides data storage as part of the Service, but you are responsible for maintaining your own records in accordance with legal requirements.

8.5. Notification of Issues.You agree to promptly notify us of any errors, discrepancies, or issues you discover in the Platform's functionality, data processing, or HMRC integration by contacting support@dutydeclared.com.

9.3. Enforcement. We reserve the right to investigate suspected violations of this Acceptable Use Policy and to take appropriate action, including suspending or terminating your Account, removing Content, reporting to law enforcement, and pursuing legal remedies.

10.1. Platform Ownership. The Platform, including its source code, design, layout, algorithms, AI models, databases, documentation, and all related intellectual property, is owned by DutyDeclared Limited and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted herein are reserved.

10.2. Licence to Use. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose in accordance with your Subscription.

10.3. User Content. You retain ownership of all Content you upload to or create within the Platform. By using the Platform, you grant us a limited licence to process, store, display, and transmit your Content solely for the purpose of providing the Services.

10.4. Feedback. If you provide suggestions, ideas, or feedback regarding the Platform, you grant us an unrestricted, irrevocable, perpetual, royalty-free licence to use such feedback for any purpose, including improving the Platform.

10.5. Third-Party IP. HMRC, CDS, the Harmonized System, and related trademarks and systems are the property of their respective owners. DutyDeclared does not claim ownership of any third-party intellectual property.

10.6. Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works of the Platform or any part thereof, except as expressly permitted by these Terms or by law.

11.1. Privacy Policy. Our collection, use, and protection of personal data is governed by our Privacy Policy, which is available at https://app.dutydeclared.com/privacy. The Privacy Policy forms part of these Terms.

11.2. Data Controller / Processor Roles. For the purposes of UK data protection legislation (UK GDPR and Data Protection Act 2018):

• You (the User or Workspace Owner) are the Data Controller for the personal data of individuals whose information is included in your Declarations (e.g., importer details, exporter details, contact information).
• DutyDeclared is the Data Processor, processing such personal data on your behalf and in accordance with your instructions as communicated through your use of the Platform.
• For personal data relating to your own Account (e.g., your email address, name, usage data), DutyDeclared acts as the Data Controller.

11.6. Data Transfers. Your data is primarily stored and processed within the European Economic Area (EEA) and the United Kingdom. Where data is transferred outside these regions, we ensure appropriate safeguards are in place in accordance with UK GDPR requirements, including Standard Contractual Clauses or adequacy decisions.

11.9. Personal Data Breach Notification. In the event of a personal data breach affecting your data, we will notify you without undue delay and in any event within 72 hours of becoming aware of the breach, providing the nature of the breach, the categories and approximate number of data subjects affected, the likely consequences, and the measures taken or proposed to address the breach.

11.10. Data Retention. We retain your data for the duration of your Subscription and for 90 days following termination or deletion of your Account or Workspace, after which data will be permanently deleted unless retention is required by law.

11.11. Analytics. The Platform uses server-side analytics to understand usage patterns and improve the Service. Analytics data is collected in aggregate and does not include personally identifiable information from your Declarations. Client-side analytics, if used, will be subject to your cookie preferences.

12.1. Nature of AI Features. The Platform includes AI-powered features, specifically HSGenie (commodity code classification) and Document Extraction (data extraction from uploaded documents). These features use artificial intelligence and machine learning models to provide suggestions, classifications, and extracted data.

12.2. AI as Aid, Not Authority. AI features are provided as assistive tools to support your decision-making. They are not a substitute for professional customs advice, expert classification, or manual verification. AI outputs are suggestions only and may contain errors, inaccuracies, or omissions.

12.3. User Verification Required. You are solely responsible for reviewing, verifying, and accepting or rejecting all AI-generated suggestions before using them in a Declaration. You must independently confirm the accuracy of any HS codes, extracted data, or classifications provided by AI features.

12.4. No Liability for AI Outputs. DutyDeclared shall not be liable for any errors, penalties, duties, losses, or damages arising from reliance on AI-generated outputs. The use of AI features does not transfer responsibility for Declaration accuracy from the User to DutyDeclared.

12.5. AI Usage Limits. AI features are subject to usage limits based on your Subscription tier, as set out in Section 6.1. Additional usage may be available at additional cost or through a higher-tier Plan.

12.6. AI Improvement. We may use anonymised and aggregated data from AI feature usage to improve the accuracy and performance of our AI models. No personally identifiable information or Declaration-specific data will be used for AI training purposes without your explicit consent.

13.1. Platform as Software Tool. The Platform is a software tool that facilitates customs declaration management. You acknowledge and agree that DutyDeclared is not responsible for the outcome of any customs declaration submitted through the Platform.

13.3. Cap on Liability. Our total aggregate liability to you for all claims arising from or related to these Terms or your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to DutyDeclared in the twelve (12) months preceding the claim; or (b) five hundred British Pounds (GBP 500).

13.4. Statutory Rights. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.5. Reasonableness. You agree that the limitations and exclusions of liability set out in this Section are reasonable given the nature of the Platform as a software tool and the pricing of the Services.

14.1. "As Is" Basis.The Platform and Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

14.3. Third-Party Services. The Platform integrates with third-party services (HMRC, Stripe, AI providers). We do not warrant the availability, accuracy, or reliability of these third-party services.

14.4. Professional Advice. The Platform does not provide customs advice, tax advice, or legal advice. You should consult qualified professionals for specific customs and trade compliance matters.

15.2. Notification. We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in your defence of such claim, at your expense.

16.1. Reasonable Efforts. We use commercially reasonable efforts to ensure the Platform is available and operational. However, we do not guarantee uninterrupted or error-free service.

16.2. Planned Maintenance. We may perform planned maintenance from time to time, during which the Platform may be temporarily unavailable. We will endeavour to provide advance notice of planned maintenance where practicable.

16.3. No SLA for Standard Plans. The Free, Starter, and Pro Plans do not include a Service Level Agreement (SLA). Service availability is provided on a best-efforts basis.

16.4. Enterprise SLA. Enterprise Plans may include a bespoke SLA with defined uptime commitments, response times, and remedies. Enterprise SLA terms will be set out in a separate agreement.

17.1. Termination by You. You may terminate your Account at any time by contacting support@dutydeclared.com or through the Account settings in the Platform. Termination of your Account will result in the loss of access to all Workspaces you own and all associated data, subject to the data retention provisions in Section 11.10.

17.2. Termination by Us. We may suspend or terminate your Account, Workspace, or access to the Platform immediately and without prior notice if: (a) you breach these Terms; (b) you engage in prohibited activities as described in Section 9; (c) your Account is used for fraudulent or illegal purposes; (d) we are required to do so by law or regulatory order; or (e) we cease to offer the Platform. In less severe cases, we will endeavour to provide reasonable notice before termination.

17.4. Workspace Deletion. If a Workspace Owner requests deletion of a Workspace, we will initiate a 30-day grace period during which the Workspace and its data will remain accessible. After the grace period, the Workspace and all associated data will be permanently deleted.

18.1. Export Capability. The Platform provides data export functionality, allowing you to download your Declaration data in XLSX (Excel) format.

18.2. Planned Enhancements. We plan to expand export capabilities to include additional formats (e.g., CSV, PDF, JSON) and data types in future releases.

18.3. Export Period. Following termination or cancellation of your Account, you will have 90 days to export your data before it is permanently deleted.

18.4. Assistance. If you require assistance with data export, please contact support@dutydeclared.com.

18.5. Data Deletion. Upon request, and subject to legal retention requirements, we will delete your data from our systems in accordance with our Privacy Policy and Section 11.10.

19.1. Right to Modify. We reserve the right to modify, update, or replace these Terms at any time at our sole discretion.

19.2. Notification.We will notify you of material changes to these Terms by email to the address associated with your Account and/or by posting a notice on the Platform. The "Last Updated" date at the top of these Terms will be revised accordingly.

19.3. Notice Period.For material changes, we will provide at least 30 days' notice before the changes take effect. If you do not agree with the revised Terms, you may terminate your Account before the changes take effect.

19.4. Continued Use. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of the revised Terms.

20.1. These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of England and Wales.

20.2. The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising from or related to these Terms, subject to any mandatory provisions of consumer protection law that may apply.

20.3. If you are a consumer, nothing in these Terms affects your statutory rights under consumer protection legislation.

21.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from a Force Majeure Event.

21.3. The affected party shall use reasonable efforts to mitigate the effects of a Force Majeure Event and resume performance of its obligations as soon as practicable.

21.4. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms by giving written notice to the other party.

22.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

22.2. The invalidity or unenforceability of any provision in any particular jurisdiction shall not affect its validity or enforceability in any other jurisdiction.

23.1. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and DutyDeclared Limited regarding your use of the Platform and supersede all prior agreements, representations, and understandings.

23.2. Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any right or remedy must be given in writing to be effective.

23.3. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor in interest, whether by merger, acquisition, or sale of assets.

23.4. Third-Party Rights. These Terms do not confer any rights on any person or party other than the parties to these Terms and their respective successors and permitted assigns.

23.5. Notices. All notices required or permitted under these Terms shall be sent by email: to us at support@dutydeclared.com, and to you at the email address associated with your Account. Notices shall be deemed received when delivered to the recipient's email inbox.

23.6. The headings in these Terms are for convenience only and shall not affect their interpretation.