Condiciones de la licencia de software

Este documento está redactado en inglés; la versión inglesa es la que prevalece. Facilitamos una traducción al español previa solicitud.

Draft for solicitor review and the German local opinion, 30 October 2026 (draft18: minimum term, clauses 3.2 to 3.4; requirements, 5.0; fee by market, 3.1). Not yet in force. Square brackets mark decisions still to be made. English governing text; a German courtesy translation follows once agreed.

Condiciones de la licencia de software

These terms govern the licence of the Declaration Check software (the “Software”) by [Company name] Limited, a company registered in England and Wales (company number [number], registered office [address]) (“we”, “us”), to the business named at registration (the “Licensee”, “you”) for use in relation to the Licensee’s own import declarations. Clause 9 applies in addition where the Licensee is established in Germany or the declarations were lodged with the German customs administration.

1. What this is

1.1 The Software is a tool. It reads import declaration data that you open on your own computer, identifies entries that appear to have been cleared without an available tariff preference, and generates documents for you from that data: requests to your suppliers for proofs of origin, draft repayment applications (Antrag auf Erstattung) and claim schedules. The data stays on your computer. We do not receive it, see it, review it or act on it.

1.2 Under this licence we do not provide assistance in tax or customs matters. We do not advise on whether any claim is well founded, do not prepare, check, sign or submit any application, do not correspond with any supplier, forwarder or customs office on your behalf, and do not represent you. You alone decide what to send, sign and submit, and you may take advice from a tax adviser, forwarder or customs representative. Support under clause 5 is limited to the operation of the Software. Where we also offer a recovery service in your market under our Engagement terms, that service is separate: it starts only if you engage us under those terms, and nothing in this licence engages us to recover anything.

2. Licence

2.1 On payment of the fee we grant you a non-exclusive, non-transferable licence to use the Software for your own import declarations, for the EORI numbers registered, for as long as the subscription runs.

2.2 You may not use the Software to provide services to third parties, sublicense it, or use it for declarations in which you are not the importer or debtor, except that a forwarder or customs representative licensed under our separate partner terms may use it for its clients.

2.3 The free estimate is available without a licence under the Estimate terms; this document applies to the licensed functions.

3. Fee

3.1 The fee is the monthly amount per registered EORI stated at registration: €[149] for a Licensee established in Germany that registers on our German page; for forwarders, customs agents and importers with their own customs staff elsewhere, the amount quoted to them in writing before registration. The fee is plus VAT where applicable (for a business established in the EU, VAT is accounted for by you under the reverse-charge rules), invoiced monthly in advance and payable within 14 days. There is no other charge: we take no share of any refund, and no fee depends on the outcome of any application.

3.2 Minimum term. The licence runs for an initial term of [twelve] months from the date of registration for each EORI, because the Software generates, in the first month, the documents for up to three years of past declarations. The fee for the initial term is payable monthly in advance for its whole length whether or not you continue to use the Software; after the initial term either party may cancel on notice taking effect at the end of the current month. There is no refund for part of a month. We may change the fee on 30 days’ notice, not before the end of your initial term; you may cancel before a change takes effect.

3.3 Effect of ending. When the licence ends, for whatever reason, the Software stops generating documents and running the monthly re-check for your EORIs, and the claim board becomes read-only and exportable for 90 days. Documents you generated while the licence ran are yours and remain yours. We may suspend the licensed functions, on notice by email, while any invoice is more than 14 days overdue; the initial term continues to run during a suspension.

3.4 Licence check. Each generation and each monthly re-check confirms with our server that the licence is in force for the EORI concerned. That check carries your account identifier and the EORI only; your declaration data is not transmitted.

4. Your responsibilities

4.1 You are responsible for the data you open in the Software, for reviewing every document it generates before you use it, for the decision to send, sign or submit anything, for the time limits that apply to your claims (three years under Article 121 of the Union Customs Code; in the United Kingdom under regulation 16 of the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020), and for the accuracy and completeness of what you submit to the Hauptzollamt or send to a supplier.

4.2 You confirm that you are the importer or debtor for the declarations you open, or act with that person’s authority.

5. Support, availability and changes

5.0 Requirements. The Software runs in a current web browser (Chrome, Edge, Firefox or Safari) on Windows, macOS or Linux; nothing is installed on your computer and your declaration data is not uploaded. It reads comma- or semicolon-separated text exports (CSV), OpenDocument (.ods) and Excel (.xlsx) spreadsheets, customs XML in the published formats we support, and ZIP archives of those files. Generated documents are PDF and CSV files in a ZIP archive. You are responsible for keeping copies.

5.1 Technical support is by email on business days and covers operating the Software: opening files, reading results, understanding what a result means in the Software’s own terms. Questions on the merits of a claim, on the law, or on how to deal with a customs office are outside support and will be declined.

5.2 The Software is provided through our website and may change; we will not remove a licensed function without 30 days’ notice. We aim for continuous availability but do not guarantee it.

6. Data

6.1 Your declaration data is processed on your computer and is not transmitted to us. We hold only your account details, licence and billing records, and anonymised usage statistics (number of files opened, documents generated), which carry no declaration data. Our privacy notice applies.

6.2 Where you choose to save a case to your account, the saved record contains the schedule and totals you generate; it remains your data and is deleted on request or within [12] months of cancellation.

7. Warranty and liability

7.1 The Software is provided as it is. We warrant that it will perform substantially as described in clause 1.1; we do not warrant that any entry it identifies is in fact repayable, that any application will succeed, that any supplier will respond, or that any document it generates is complete or correct for your case. Preference rules, tariff rates and customs practice change; the Software applies the published rules as we understand them on the date of use.

7.2 We are not liable for any loss arising from your use of a generated document, from a rejected or late application, from inaccurate or incomplete data you open, or from anything a supplier, forwarder or customs office does or fails to do. Our total liability under this licence, however arising, is limited to the fees you paid in the twelve months before the event giving rise to the claim. Nothing excludes liability that cannot be excluded by law.

8. General

8.1 These terms are governed by the law of England and Wales and the courts of England and Wales have jurisdiction, save that mandatory provisions of the law of the state in which the Licensee is established are not excluded.

8.2 We may assign these terms to a successor of our business. 8.3 Changes to these terms take effect on 30 days’ notice; you may cancel before they do.

9. Germany

9.1 Where you are established in Germany or the declarations were lodged with the German customs administration, the following applies in addition. Paid assistance in tax matters, including import duty, is reserved by the Steuerberatungsgesetz to the professions and persons it names (§§ 3, 4 and 4d StBerG). This licence is a licence of software for your own use; it is not assistance in tax matters, and we provide none. We do not review, prepare, check, sign or submit any application, do not correspond with any Hauptzollamt, supplier or forwarder for you, and decline any request to do so. You may instruct a tax adviser, forwarder or customs representative authorised under § 4d StBerG, who may operate the Software for you under our partner terms.

9.2 Nothing in clause 7 excludes liability for intent or gross negligence, or for injury to life, body or health, where German law applies.