Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you and SoftArk (David Movsisian, Sole Proprietor), registered in the Netherlands at the Chamber of Commerce under KvK 92652654 (“SoftArk,” “we,” or “us”). They govern your use of the HTS Scanner mobile application, related services, and any content we provide (together the “Service”).

By creating an account, downloading the app, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of entering into a binding contract to use the Service. If you use the Service on behalf of a company or organisation, you confirm that you are authorised to bind that entity to these Terms.

2. Important: HTS Scanner is not a customs broker

HTS Scanner is software that produces AI-generated suggestions for Harmonized Tariff Schedule classifications. It is research software, not customs advice. SoftArk is not a licensed customs broker, not a freight forwarder, not a tax advisor, and is not regulated by U.S. Customs and Border Protection (CBP) or any other customs authority anywhere in the world.

The classifications, duty rates, descriptions, confidence scores, and reasoning produced by the Service are generated by machine learning models that are known to make mistakes, hallucinate, misread images, and produce out-of-date or incorrect information. Tariff schedules change. CBP and equivalent authorities in other jurisdictions issue new rulings constantly. The Service cannot guarantee that any code it suggests is correct, current, or appropriate for your specific shipment.

You are solely responsible for verifying every classification with a licensed customs broker, your in-house customs counsel, or the relevant customs authority before submitting an entry, paying duties, importing goods, or making any other commercial, legal, or regulatory decision. Do not rely on the Service as your sole source for customs decisions.

You acknowledge and agree that you are the importer of record (or otherwise the responsible party) for any shipment you classify using the Service, and that you bear all legal and financial responsibility for that filing.

3. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Service for your internal customs research purposes.

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Service
• Use the Service to develop a competing product or to train any machine learning model
• Resell, sublicense, or redistribute access to the Service
• Use automated means (scrapers, bots, scripts) to access the Service, or exceed the fair-use limits (currently 200 AI analyses per user per day and 500 classifications per user per month)
• Submit content that is illegal, infringing, or that you do not have the right to submit
• Misrepresent the output of the Service to any third party (including any customs authority) as having been produced or certified by a licensed broker

4. Subscriptions, billing, and renewals

Some features of the Service require a paid subscription. The following subscriptions are offered:

• HTS Pro Weekly: USD $9.99 per week, auto-renewing weekly until cancelled
• HTS Pro Annual: USD $99.99 per year, auto-renewing annually until cancelled

All subscriptions are sold through the Apple App Store (iOS) or Google Play (Android). SoftArk does not process payments directly.

Auto-renewal.Payment will be charged to your Apple ID or Google Play account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the price of the chosen package. You can manage your subscription and turn off auto-renew in your phone's Settings under your Apple ID or Google Play account.

Cancellation. You can cancel at any time. If you cancel, your access continues until the end of the current billing period. Cancelling does not refund the current period.

Refunds. All refund requests are handled exclusively by Apple or Google according to their policies. We do not process refunds directly. For iOS, visit reportaproblem.apple.com. For Android, open Google Play, go to Account, Order history, and request a refund.

Price changes. We may change subscription prices at any time. Price increases for existing subscriptions will be communicated at least 30 days in advance and will not apply until your next renewal. Your continued use after a price change takes effect is your acceptance of the new price.

Free first classification. Each new account is entitled to one free classification. After that, a paid subscription is required to save additional classifications. There is no free trial period for the paid subscriptions, and no portion of a paid subscription is forfeited if you decide to cancel before renewal.

5. Account responsibilities

You are responsible for keeping your account credentials confidential and for all activity that happens under your account. Notify us at info@htsscanner.com if you suspect unauthorised access.

6. Content ownership and license

You retain ownership of the photographs and classification data you submit. By using the Service, you grant SoftArk a worldwide, royalty-free, non-exclusive license to process your content solely to operate the Service for you, including transmitting your content to the third-party AI processors described in our Privacy Policy.

The Service itself, including its software, design, copy, and documentation, is owned by SoftArk and protected by intellectual property laws. Nothing in these Terms transfers any ownership of the Service to you.

7. Termination

You may delete your account at any time in the app at Settings, Account, Delete account, or by emailing info@htsscanner.com. Paid subscriptions must be cancelled separately through Apple or Google.

We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, use the Service to harm others, attempt to circumvent fair-use limits, fail to pay applicable fees, or otherwise act in a way that creates risk or possible legal exposure for SoftArk.

8. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied. To the maximum extent permitted by law, SoftArk disclaims all warranties, including merchantability, fitness for a particular purpose, accuracy, non-infringement, and any warranty arising from course of dealing or usage of trade.

Without limiting the previous paragraph, SoftArk does not warrant that the Service will be uninterrupted, secure, or error-free, that AI outputs will be accurate, current, or appropriate for your purposes, or that classifications produced by the Service will be accepted by CBP or any other customs authority.

9. Limitation of liability

To the maximum extent permitted by applicable law, SoftArk and its owner, employees, contractors, affiliates, and suppliers shall not be liable for any:

• Indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, business, goodwill, anticipated savings, or business opportunity
• Customs duties, taxes, tariffs, anti-dumping or countervailing duties, Section 301 duties, or other import charges paid, owed, or assessed
• Penalties, fines, interest, liquidated damages, or forfeitures imposed by any customs authority, government agency, or court, whether civil or criminal
• Seizures, detentions, exclusions, or destruction of shipments
• Audits, investigations, prior disclosures, protests, or administrative proceedings before any customs authority
• Lost or damaged cargo, delayed shipments, demurrage, or storage fees
• Loss of customer relationships, contracts, or business reputation
• Any third-party claims, including claims by importers, exporters, brokers, carriers, end customers, or governmental bodies

The total cumulative liability of SoftArk for any and all claims arising out of or relating to these Terms or the Service, whether in contract, tort, statute, or otherwise, shall not exceed the greater of (a) one hundred US dollars (USD $100), or (b) the total amount you paid SoftArk for the Service in the twelve (12) months immediately before the event giving rise to the liability.

These limitations apply even if SoftArk has been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded by law (for example, death or personal injury caused by negligence, or fraud).

10. Indemnification

You agree to defend, indemnify, and hold harmless SoftArk and its owner, employees, contractors, affiliates, and suppliers from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable lawyers' fees and customs penalties) arising from or related to:

• Your use of the Service
• Any classification, entry, or filing you submit to any customs authority that relied in whole or in part on output from the Service
• Your breach of these Terms
• Your infringement of any third-party right
• Any content you submit to the Service

11. No professional relationship

Nothing in these Terms creates an attorney-client relationship, a broker-importer relationship, an agency relationship, a partnership, a joint venture, or any other professional or fiduciary relationship between you and SoftArk. SoftArk is a software vendor.

12. Third-party stores

If you obtained the Service through the Apple App Store, these Terms are between you and SoftArk only, not with Apple. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support for the Service. Apple is a third-party beneficiary of these Terms and may enforce them against you. The same applies to Google with respect to the Google Play Store.

13. Accessibility

We aim to make HTS Scanner usable for people with disabilities. The app and this website are designed to meet WCAG 2.1 Level AA where reasonably achievable, in line with the Americans with Disabilities Act (ADA) and the European Accessibility Act. If any part of the Service is not accessible to you, contact info@htsscanner.com and we will work with you to provide an accessible alternative.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in-app at least 14 days before they take effect. Your continued use of the Service after that date is your acceptance of the new Terms. If you do not accept the new Terms, stop using the Service and delete your account.

15. Governing law and disputes

These Terms are governed by the laws of the Netherlands, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively by the competent courts of Rotterdam, the Netherlands. Consumers may bring proceedings in their country of residence as permitted by mandatory consumer protection law.

16. Severability and entire agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. These Terms together with our Privacy Policy form the entire agreement between you and SoftArk regarding the Service and replace any prior agreements.

17. Contact

SoftArk (David Movsisian)
Boterkarn 2, 3223 LS Hellevoetsluis, Netherlands
KvK 92652654
info@htsscanner.com