Terms of Service

Agreement to Terms

Thank you for selecting the Services offered by Merge Digital and/or its subsidiaries and affiliates (referred to as "Merge Digital", "classification.tools", "we", "our", or "us"). Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Merge Digital.

By accepting electronically (for example, clicking "I Agree"), installing, accessing, or using our Services, including the classification.tools API and related services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

By accessing and using this site or any classification.tools products and services, you accept the following terms and conditions, without limitation or qualification.

Intellectual Property

Unless otherwise stated, the contents of this site including, but not limited to, the text, images, API documentation, software code, and their arrangement are the property of Merge Digital. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Merge Digital or any third party, except as expressly granted in this Agreement for use of the API Services.

Service Overview

This is a general guide for our terms of service regarding the classification.tools API and any consulting, technical support, and integration services provided by Merge Digital.

We pride ourselves in accurately assessing project requirements and the primary objectives of our clients. Furthermore, we strive to build good relationships with our clients and partners with mutual respect and trust.

Merge Digital reserves the right to refuse service provision if a client is unwilling or unable to follow the necessary business processes, pay the required fees, or if we are not interested in the project, product, or client for any reason.

Services Provided

The following products and services are covered by this Agreement:

• Regulatory Classification API (HS Code, ECCN, CAS Number, Dangerous Goods)
• API Access and Authentication
• Technical Support and Documentation
• Custom Integration Consulting
• Azure AI and Cognitive Services Implementation
• Classification Strategy Consulting
• Data Management and Processing

Client Responsibilities

In support of this Agreement, clients agree to:

• Pay all API subscription fees, usage charges, and consulting costs at specified intervals
• Maintain reasonable communication regarding payment, business formalities, and service usage
• Use the API Services in compliance with all applicable laws and regulations
• Protect and secure API keys and authentication credentials
• Adhere to rate limits and usage restrictions as specified in your plan
• Provide accurate product descriptions and data when using classification services
• Not resell, redistribute, or sublicense API access without written permission
• Respect intellectual property agreements and service usage terms

Our Responsibilities

Merge Digital commits to:

• Provide clear and accurate API documentation
• Maintain 99.9% uptime SLA for Enterprise customers
• Deliver classification results within 200ms average response time
• Maintain data security and privacy using industry-leading practices
• Provide technical support as per your subscription plan
• Communicate service updates and regulatory changes
• Process API requests fairly and without discrimination

API Usage Terms

Access and Authentication

You must use a valid API key for authentication. You are responsible for maintaining the confidentiality of your API keys. Any activity occurring under your API key is your responsibility.

Rate Limits

API usage is subject to rate limits based on your subscription plan:

• Starter Plan: 10 requests/second, 5,000 requests/month
• Enterprise Plan: 100 requests/second, unlimited monthly requests

Exceeding rate limits may result in request throttling or temporary suspension.

Prohibited Uses

You agree not to:

• Use the API for illegal activities or sanctions evasion
• Attempt to reverse engineer or decompile the API
• Use the API to build competitive services
• Transmit viruses, malware, or malicious code
• Attempt to bypass security measures or rate limits
• Use the API in a manner that overloads our infrastructure
• Share or resell API access without authorization

Payment Terms

For Services offered on a subscription basis, the following terms apply:

• Payments will be billed in South African Rand (ZAR) or US Dollars (USD) depending on your location
• Your account will be charged when you subscribe and provide payment information
• Subscriptions automatically renew unless cancelled
• You must pay with a valid credit card, debit card, or approved payment method
• Usage above plan limits will be billed at $0.02 per request for Starter plans
• Enterprise pricing is custom and established via contract

If payment information is not accurate or current, we may suspend or terminate your account.

Data and Privacy

We're Committed to Keeping Your Data Safe

When you use our services, you trust us with your product data and classification information. We help safeguard that data and protect your privacy by using industry-leading technology and practices.

We Believe in Your Right to Privacy

We use the data you share with us to provide classification services while giving you choices on how we collect and share it. You have the power to download, update, and delete your data.

Data Usage

You agree that Merge Digital may:

• Use your classification requests to improve our machine learning models
• Aggregate and anonymize data for research and service improvement
• Store classification history for your account access
• Process data globally across our infrastructure

We will not sell your data to third parties or use it for purposes outside those described in our Privacy Policy.

Classification Accuracy and Liability

While we strive for 99.8% classification accuracy, classification.tools does not guarantee that classifications are error-free or suitable for all purposes. You are responsible for:

• Verifying classifications for your specific use case
• Ensuring compliance with applicable laws and regulations
• Consulting with qualified customs brokers or trade compliance experts when necessary
• Making final determinations on product classifications

Merge Digital is not responsible for customs penalties, shipping delays, or regulatory issues arising from classification decisions.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERGE DIGITAL AND ITS AFFILIATES, SUPPLIERS, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE, OR THE ACCURACY OF CLASSIFICATIONS.

MERGE DIGITAL DOES NOT WARRANT THAT:

• The Services will meet your specific requirements
• Classifications will be 100% accurate for all products
• The Services will be uninterrupted, timely, secure, or error-free
• Results will satisfy legal or regulatory compliance obligations
• Defects will be corrected within any specific timeframe

Limitation of Liability

SUBJECT TO APPLICABLE LAW, MERGE DIGITAL, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR:

• Indirect, special, incidental, punitive, or consequential damages
• Lost profits, business interruption, or loss of business opportunity
• Customs penalties, duties, or regulatory fines
• Shipping delays or logistics disruptions
• Loss or corruption of classification data
• Damages relating to telecommunications or internet failures

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold Merge Digital harmless from any claims, liability, and expenses, including reasonable attorneys' fees, arising out of:

• Your use of the Services
• Your breach of this Agreement
• Your violation of any law or regulation
• Your violation of third-party rights
• Misclassification resulting from inaccurate product descriptions you provide

Termination

Merge Digital may terminate or suspend your access to the Services immediately, without notice, for:

• Breach of this Agreement
• Non-payment of fees
• Suspected fraud or illegal activity
• Abuse of the API or excessive usage
• Any reason at our sole discretion

You may cancel your subscription at any time through your account dashboard. Upon termination:

• Your API access will be revoked
• Outstanding payments become due immediately
• You must cease all use of the Services
• We may delete your data after 90 days

Changes to Terms

We reserve the right to modify this Agreement at any time. Changes will be effective when posted on this page or when we notify you by email. Your continued use of the Services after changes indicates your acceptance of the modified terms. Material changes will be communicated at least 30 days in advance.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of South Africa without reference to its choice of law rules. Any legal action or proceeding relating to this Agreement or the Services shall be instituted in the courts of South Africa.

Merge Digital maintains its primary operations in Durban, South Africa. If you attempt to bring legal proceedings against Merge Digital, you acknowledge that Merge Digital may choose the jurisdiction where such action may be held, entirely at our discretion.

Export Compliance

You are responsible for complying with all applicable export control laws and regulations when using our Services. You represent that you are not located in, under the control of, or a national or resident of any country to which export is prohibited by applicable law.

Not Professional Advice

Unless specifically included with the Services, classification.tools is not in the business of providing legal, customs brokerage, trade compliance, or other professional advice. The classifications provided are for informational purposes. Consult with qualified professionals when you need expert advice on customs, trade compliance, or regulatory matters.

Contact Information

For questions about these Terms of Service, please contact:

Entire Agreement

This Agreement, including any additional terms referenced herein, constitutes the entire agreement between you and Merge Digital regarding the Services and supersedes all prior agreements, understandings, and communications, whether oral or written.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be removed without affecting the remainder of the Agreement. The remaining terms will remain valid and enforceable.

Assignment

You may not assign or transfer this Agreement without Merge Digital's prior written consent. Merge Digital may assign this Agreement to an affiliate, through a sale of assets, or to a successor by merger without your consent.