Allgemeine Geschäftsbedingungen (AGB)

Terms and Conditions

Last updated: January 11, 2025

📋 Legal Notice

These Terms and Conditions are compliant with German law and EU regulations. Generated and maintained using eRecht24 legal compliance standards.

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§ 1 Geltungsbereich (Scope of Application)

These General Terms and Conditions (AGB) govern the contractual relationship between TradeComply and users of our AI-powered trade compliance platform. By accessing or using our services, you agree to be bound by these terms.

Service Description: TradeComply provides a cloud-based Software-as-a-Service (SaaS) platform for international trade compliance, including HS code classification, tariff optimization, customs documentation, and regulatory guidance.

§ 2 Vertragsschluss (Contract Formation)

The contract is formed when you create an account and accept these terms. Our service offering constitutes an invitation to treat. Your registration represents a binding offer to enter into a service agreement.

We reserve the right to accept or decline registration requests at our discretion, particularly for compliance with export control regulations or sanctions.

§ 3 Nutzerpflichten (User Obligations)

You agree to:

  • Provide accurate and complete information for trade documentation
  • Comply with all applicable import/export laws and regulations
  • Use the platform only for lawful business purposes
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized account access
  • Not reverse engineer, decompile, or attempt to extract source code
  • Not use the service for illegal trade activities or sanctions violations

§ 4 Nutzungsrechte (Rights of Use)

We grant you a limited, non-exclusive, non-transferable license to use our platform for your business operations. This license is subject to your compliance with these terms and payment of applicable fees.

Restrictions: You may not sublicense, distribute, or commercially exploit our platform. All intellectual property rights remain with TradeComply.

§ 5 Haftung (Liability)

Limitation of Liability: TradeComply provides trade compliance guidance based on available data and regulations. Users remain solely responsible for:

  • Final compliance decisions and regulatory adherence
  • Accuracy of submitted trade data and documentation
  • Verification of HS codes and tariff classifications
  • Customs clearance and regulatory filings

We shall not be liable for indirect, consequential, or punitive damages. Our total liability is limited to the fees paid in the 12 months preceding the claim.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control, including regulatory changes, technical infrastructure issues, or government actions.

§ 6 Datenschutz (Data Protection)

Data processing is governed by our separate Privacy Policy (Datenschutzerklärung), which complies with GDPR and German Federal Data Protection Act (BDSG).

Trade documents may be retained for up to 10 years in compliance with German customs law (§ 14 UStG, § 147 AO).

§ 7 Kündigung (Termination)

Either party may terminate the service agreement with 30 days' written notice. We may terminate immediately for material breach, non-payment, or violation of export controls.

Upon termination, you may export your data for 90 days. After this period, data will be deleted unless legally required to be retained.

§ 8 Änderungen (Modifications)

We may update these terms with 30 days' notice. Continued use constitutes acceptance. For material changes affecting pricing or core functionality, we will seek explicit consent.

§ 9 Anwendbares Recht (Governing Law)

These terms are governed by German law. Place of jurisdiction is Germany. For consumer contracts within the EU, mandatory consumer protection laws apply.

Any disputes will be resolved through German courts. We prefer mediation through the European Online Dispute Resolution platform for EU consumers.

§ 10 Salvatorische Klausel (Severability)

If any provision of these terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.