Algemene Voorwaarden

1. Definities

• Aanbieder: CustomsFlows B.V., trading as Classific8, registered in the Netherlands (KvK: 91068630).
• Gebruiker: any natural person or legal entity that registers for and uses the Service.
• Consument: a User who is a natural person acting outside of their trade, business, craft, or profession.
• Dienst: the AI-powered tariff classification service provided by the Provider via the website and application at classific8.com.
• Output: the classification results, tariff code suggestions, and associated reasoning generated by the Service.
• AI-systeem: the artificial intelligence system used by the Service to generate Output.
• Overeenkomst: the agreement between the Provider and the User for the use of the Service, governed by these Terms and Conditions.
• Account: the personal environment created by the User upon registration, through which the Service is accessed.

2. Aard en beschrijving van de Dienst

The Service consists of generating informative advisory Output regarding a possible tariff code, based on a product description or additional information submitted by the User.

The Service makes use of an AI System that formulates suggestions through language models and trained algorithms. The Service Provider uses third-party AI service providers to power the classification engine.

The Output generated by the Service is strictly informative and indicative in nature. The Output does not constitute an official customs decision, a Binding Tariff Information (BTI) ruling, or legal advice.

Only the competent customs authorities are authorized to issue a definitive and binding tariff classification.

The User is solely responsible for verifying the generated tariff code before using it in customs declarations or any other official documents.

3. Totstandkoming van de Overeenkomst

The Agreement is formed at the moment the User completes the registration process, accepts these general terms and conditions, and completes the first payment or activates a subscription.

The Service Provider will confirm the formation of the Agreement by email.

The Service Provider reserves the right to refuse a request to use the Service without stating reasons.

4. Transparantie over het gebruik van AI

The Service Provider expressly informs the User that the Service makes use of an AI System to generate the Output.

The AI System is not classified as a high-risk AI system within the meaning of the EU AI Act (Regulation (EU) 2024/1689). The Output consists of informative suggestions that are not automatically used for binding decisions.

The User may at any time have the Output reviewed by a human customs expert or a certified customs agent. The Service Provider may, upon request, refer the User to relevant professionals, but is not obliged to do so.

The Service Provider complies with the applicable transparency obligations under the EU AI Act, including the obligation to inform users of their interaction with an AI system.

The AI System is evaluated regularly for quality and accuracy; however, the Service Provider cannot guarantee continuous correctness, in part due to periodic amendments to tariff nomenclatures.

5. Beperkingen en geen garantie van juistheid

Tariff nomenclatures are regularly updated by the relevant customs authorities worldwide. The Provider endeavors to keep the Service up to date but does not warrant that the Output reflects the most current classification rules at all times.

The accuracy of the Output depends in part on the completeness and accuracy of the product description and additional information provided by the User.

The Provider does not warrant that the tariff code suggested by the AI System is correct, complete, or suitable for the User's intended purpose.

The Provider is not responsible for changes in legislation or regulations that take effect after the Output has been delivered.

6. Aansprakelijkheid

The Provider shall not be liable for any damage arising from the use of or reliance on the Output, including but not limited to:

• incorrect tariff classification in customs declarations;
• customs fines, post-clearance demands, or sanctions imposed;
• delays in the customs process;
• consequential loss, loss of profit, or indirect damage.

The limitations of liability in this article do not apply in the event of intent or willful misconduct by the Provider.

For Consumers, the mandatory provisions of applicable consumer protection law shall apply. Nothing in this article limits any statutory rights that a Consumer is entitled to under mandatory law.

7. Verplichtingen en verboden gebruik

The User shall only provide accurate, complete, and lawfully obtained product descriptions and information.

The User is not permitted to use the Service for:

• deliberately submitting incorrect or misleading product information with the intent to commit or facilitate customs fraud;
• circumventing or manipulating the AI System (including "prompt injection" or "jailbreaking");
• automated and/or large-scale querying of the AI System without the prior written consent of the Provider;
• any other use that is contrary to applicable laws and regulations, including customs legislation.

The User is responsible for all activities carried out via their Account.

The User indemnifies the Provider against claims from third parties arising from a breach of this article.

8. Intellectueel eigendom

All intellectual property rights in the Service, the underlying software, the user interface, and the methods developed by the Provider are vested in the Provider or its licensors.

The Output generated by the AI System may not qualify as a copyrighted work within the meaning of applicable copyright law, as it is not the result of human creative effort. The Provider makes no copyright claims in respect of the Output.

The User receives a non-exclusive, non-transferable right to use the Output for their own business purposes.

The User is not permitted to reproduce, publish, or resell the Output to third parties without the prior written consent of the Provider, unless this is necessary for normal use in connection with customs declarations.

The User may not use the Service or Output to develop a competing product or service.

9. Privacy en gegevensverwerking

The Provider processes the personal data of the User in accordance with the General Data Protection Regulation (GDPR) and applicable national privacy legislation.

The processing of personal data is further described in the Provider's Privacy Policy. The Privacy Policy forms part of the Agreement.

The Provider processes only the personal data necessary for the performance of the Service, including: name, email address, company details, and product descriptions entered by the User.

Product descriptions and input data are not used by default for the training of AI models.

The User has the right to access, rectify, erase, restrict the processing of, and port their personal data. Requests may be directed to privacy@classific8.com.

10. Tarieven en betaling

The fees for the Service are set out on the Provider's website and are displayed exclusive of VAT for Business Customers and inclusive of VAT for Consumers.

Payment shall be made in advance via the payment methods offered on the website, unless otherwise agreed in writing.

The Provider reserves the right to amend its fees. Fee changes will be communicated at least 30 days in advance. Consumers shall have the right to terminate the Agreement in the event of a fee increase.

11. Herroepingsrecht voor consumenten

A Consumer has the right to withdraw from the Agreement for a digital service within 14 days of the conclusion of the Agreement, without giving reasons.

If the Consumer requests immediate performance of the Service and the Service is fully performed within the withdrawal period, the right of withdrawal lapses upon full performance, provided the Consumer has given prior explicit consent to this effect.

To exercise the right of withdrawal, the Consumer must notify the Provider in writing via hello@classific8.com.

Upon lawful withdrawal, the Provider will refund the amount paid within 14 days via the original payment method.

12. Beschikbaarheid en onderhoud

The Provider aims for a Service availability of at least 99% on an annual basis but does not guarantee uninterrupted availability.

The Provider is entitled to temporarily take the Service offline for maintenance, updates, or improvements. Where possible, the Provider will announce this in advance.

The Provider shall not be liable for any damage resulting from temporary unavailability of the Service.

13. Wijzigingen van de Algemene Voorwaarden

The Provider reserves the right to amend these Terms and Conditions.

Amendments will be communicated at least 30 days before they take effect, by email or via the website.

If the User does not accept the amended Terms and Conditions, the User has the right to terminate the Agreement before the date on which the amendments take effect.

Continued use of the Service after the effective date of the amended Terms and Conditions constitutes acceptance thereof.

14. Klachtenprocedure

The Provider takes complaints seriously and aims to handle them carefully and within a reasonable timeframe.

If the User is dissatisfied with the Service, the Output, or any other aspect of the Agreement, the User is encouraged to submit a complaint as soon as possible and no later than 30 days after the issue arose. Complaints may be submitted in writing via hello@classific8.com, clearly describing the nature of the complaint, the date on which the issue occurred, and the desired resolution.

The Provider will acknowledge receipt of the complaint within five business days. The Provider will endeavour to assess the complaint and provide a substantive response within 14 business days of receipt. If a complaint requires more time to investigate, the Provider will notify the User within this period, stating the expected timeframe for resolution.

All complaints are treated confidentially. The Provider will keep a record of complaints received and the actions taken in response, for the purpose of improving the Service.

15. Aanvullende bepalingen

If any provision of these Terms and Conditions is found to be void or voidable, this shall not affect the validity of the remaining provisions. In such case, the parties shall agree on a replacement provision that reflects the intention of the original provision as closely as possible.

The Provider may transfer rights and obligations under the Agreement to a third party, provided the User is informed in a timely manner. Consumers shall have the right to terminate the Agreement in such event.

Failure by the Provider to exercise any right shall not constitute a waiver of that right.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, communications, or representations.

In the event of any conflict between these Terms and Conditions and any other document, these Terms and Conditions shall prevail, unless expressly agreed otherwise in writing.

These Terms and Conditions are governed by the laws of the Netherlands. Any disputes arising from or in connection with these Terms and Conditions shall be submitted to the competent court in Eindhoven, the Netherlands.

CustomsFlows B.V., trading as Classific8
KvK (Chamber of Commerce): 91068630
Email: hello@classific8.com