Terms of Use
01 Agreement and acceptance
These Terms of Use (the "Terms") govern your access to and use of the Harmonova website at harmonova.io, the Harmonova platform, application programming interfaces, and related services (together, the "Service"), provided by Harmonova ("we", "us", or "our").
By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation. If you do not agree to these Terms, you must not use the Service.
We may update these Terms from time to time. Material changes will take effect 30 days after we post the updated Terms or otherwise notify you. Non-material changes (such as clarifications or formatting) take effect when posted. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
02 Definitions
- "Service" means the Harmonova website, platform, APIs, widgets, and related tools and documentation.
- "Duty Estimate" means any duty rate, tax amount, fee, or landed-cost figure generated by the Service.
- "Authoritative Source" means the official tariff or customs data published by a government customs or tax authority.
- "User Content" means data you submit to the Service, including product descriptions, HS codes, prices, and shipment details.
- "Account" means your registered access to the Service.
03 The service
Harmonova provides customs duty and landed-cost information and computation tools. Depending on your plan, the Service may include HS-code-based duty rate lookup, landed-cost estimation, tariff computation (including additional and conditional duties), confidence indicators for each result, and provenance information identifying the source of underlying rates.
Coverage of fully verified national tariff depth is provided for a defined set of markets, with broader classification-level coverage elsewhere. The markets, features, and depth available to you depend on your plan and may change as we improve the Service.
We may modify, add to, or discontinue features of the Service at any time. We will use commercially reasonable efforts to give notice of material changes that adversely affect paying users.
04 Your right to use the service
Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for your internal business purposes.
API access is subject to the rate limits, quotas, and fair-use expectations we communicate to you. You may use the output of the Service within your own products and workflows, but you may not extract, copy, or redistribute the underlying compiled tariff dataset, in whole or in substantial part, or use it to build or train a competing dataset or service, without our prior written permission.
05 Acceptable use
You agree not to:
- reverse-engineer, decompile, or attempt to derive the source code, structure, or compiled dataset of the Service, except to the extent this restriction is prohibited by law;
- scrape, harvest, or bulk-extract the dataset, or access the Service other than through the interfaces and APIs we provide;
- resell, sublicense, or redistribute the Service or its underlying data, or use it to build a competing product or dataset;
- use the Service for any unlawful purpose, or in violation of any applicable export, sanctions, customs, or trade law;
- overload, interfere with, or disrupt the Service or its infrastructure, or circumvent rate limits or security measures;
- misrepresent a Duty Estimate as the official determination of a customs authority, or otherwise present our output in a misleading way.
06 Nature of the service — estimates, not a guarantee
This section is important. Please read it carefully.
Harmonova is built on a compiled customs database in which every duty rate is traced to the official government schedule it was published in, and the engine returns that source alongside each result. We hold the data to a high standard and we show our work. Even so, any duty rate, tax amount, fee, or landed-cost figure the Service produces is an estimate — generated automatically from that data and computational logic, for informational and decision-support purposes only, and is not an official determination.
The actual duty, tax, and fees payable on any import are determined solely by the relevant customs or tax authority at the time of import. The actual amount may differ from an estimate for many reasons, including differences in product classification, customs valuation, country-of-origin determination, changes in tariff or tax rates, conditional or quota-based factors, currency fluctuation, carrier or broker charges, and the discretion of the relevant authority.
A correct result depends on correct inputs. The accuracy of any figure is only as good as the information you give the Service — the product descriptions, materials and composition, values, quantities, and country of origin you enter, and the classification you ultimately accept. You are responsible for the accuracy and completeness of those inputs and for reviewing each result before you act on it. Where the information provided to the Service is incomplete, inaccurate, or misclassified, the result will reflect that, and Harmonova is not responsible for outcomes that arise from it.
Harmonova is not a customs broker, freight forwarder, licensed customs agent, legal adviser, or tax adviser. The Service does not constitute customs, legal, financial, or tax advice. You are responsible for verifying classifications and other inputs, and for obtaining professional advice appropriate to your circumstances. Any reliance you place on a Duty Estimate is at your own risk.
Where the Service displays a confidence indicator (for example, "verified", "needs input", "approximate", or "unresolved"), that indicator communicates Harmonova's internal assessment of confidence in a result. It is provided to aid your judgement and is not a warranty or guarantee of accuracy.
07 Disclaimer of warranties
We stand behind a limited, specific commitment: we warrant that the Service will perform materially in accordance with its then-current documentation, and will be provided with commercially reasonable skill and care. If the Service fails to meet that commitment, your exclusive remedy, and our sole obligation, is for us to use commercially reasonable efforts to correct or re-perform the affected part of the Service.
Except for that limited commitment, and to the fullest extent permitted by law:
The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory.
We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
In particular, we do not warrant the accuracy, completeness, currency, or reliability of any duty rate, tax calculation, classification, fee, or landed-cost figure, and we do not warrant that any estimate will match the determination of any customs or tax authority.
Some jurisdictions do not allow the exclusion of certain warranties or statutory guarantees. Where such laws apply, the above exclusions apply only to the extent permitted, and nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded (including non-excludable consumer guarantees). See Section 8 for how our liability is limited in those cases.
08 Limitation of liability
To the fullest extent permitted by law, Harmonova will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, or data, or for any customs penalty, fine, interest, demurrage, storage, or duty or tax assessed by an authority, arising out of or in connection with your use of or reliance on the Service or any estimate, whether based in contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Harmonova has no liability for any loss or damage arising from (a) reliance on an estimate that has not been independently verified; (b) information provided to the Service that is incomplete, inaccurate, or misclassified; or (c) the determination, assessment, penalty, interest, or charge of any customs authority, tax authority, carrier, broker, or other third party. Responsibility for the inputs to a customs decision, and for the decision to act on any result, rests with you.
You acknowledge that the limitations in this Section are a fundamental basis of the bargain between you and Harmonova, that they reflect a reasonable allocation of risk, and that Harmonova would not provide the Service on these terms without them.
Some jurisdictions do not allow the exclusion or limitation of certain damages or the limitation of liability for non-excludable guarantees. Where such laws apply (including the Australian Consumer Law, as applied in Victoria by the Australian Consumer Law and Fair Trading Act 2012 (Vic)), our liability is limited to the maximum extent permitted, and where a non-excludable statutory guarantee applies, our liability for breach of that guarantee is limited, at our option and to the extent permitted, to re-supplying the relevant service or paying the cost of having it re-supplied.
Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.
09 Indemnification
You agree to indemnify, defend, and hold harmless Harmonova and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; (d) your User Content; or (e) any claim by your own customers or any third party arising from their reliance on output you derived from the Service.
10 Intellectual property
The Service, including the platform, software, compiled tariff dataset, computational methodology, user interface, documentation, and the Harmonova name, logo, and brand, is owned by Harmonova or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
You retain ownership of your User Content. You grant us a non-exclusive, worldwide license to use, process, and store your User Content solely to provide and improve the Service. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction.
11 Fees and payment
Where the Service is provided on a paid basis, you agree to pay the fees set out in your plan or order. Fees are exclusive of taxes unless stated otherwise, and you are responsible for applicable taxes. Unless stated otherwise, fees are non-refundable. We may suspend or terminate access for non-payment after reasonable notice. We may change fees on renewal, with notice before the change takes effect.
12 Term and termination
These Terms apply while you use the Service. You may stop using the Service at any time. You may terminate a paid subscription in accordance with your plan. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users.
On termination, your right to use the Service ends. Sections that by their nature should survive termination will survive, including Sections 6 (Nature of the service), 7 (Disclaimer of warranties), 8 (Limitation of liability), 9 (Indemnification), 10 (Intellectual property), 13 (Confidentiality), 14 (Governing law and disputes), and 15 (General provisions).
13 Confidentiality
Each party may receive confidential information of the other. Each party agrees to protect the other's confidential information with reasonable care, to use it only to perform under these Terms, and not to disclose it except to those who need to know and are bound by similar obligations, or as required by law. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party.
14 Governing law and disputes
These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-laws rules. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for any dispute arising out of or in connection with these Terms.
Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute informally by contacting each other. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief.
15 General provisions
Entire agreement. These Terms, together with any plan, order, or policy referenced in them, form the entire agreement between you and Harmonova regarding the Service and supersede prior agreements on the subject.
Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. A failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Notices. We may provide notices through the Service or by email. You may contact us as set out below.
16 Contact
Questions about these Terms can be sent to Harmonova at [email protected].