DutyDeclared Limited Company Registration Number: 16188124 Registered Address: 167-169 Great Portland Street, 5th Floor, London W1W 5PF, United Kingdom Website: https://dutydeclared.com Platform: https://portal.dutydeclared.com Contact: support@dutydeclared.com
Last updated: 11 November 2026
Table of Contents
In these Terms and Conditions ("Terms"), the following definitions apply:
2.1. By creating an Account, accessing the Platform, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any other policies referenced herein.
2.2. If you are using the Platform on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.
2.3. If you do not agree to these Terms, you must not use the Platform or the Services.
2.4. These Terms apply to all Users of the Platform, including but not limited to customs brokers, freight forwarders, importers, exporters, and any other parties who access the Platform through a Workspace invitation or Declaration collaboration.
3.1. DutyDeclared is a cloud-based software platform that enables Users to prepare, validate, manage, and submit UK customs import declarations to HMRC via the CDS API.
3.2. The Platform provides the following core capabilities:
(a) Declaration Management -- Create, edit, validate, and manage customs declarations through a structured workflow (Draft, Ready, Submitted, Accepted/Rejected, Cleared).
(b) HMRC CDS Integration -- Submit declarations electronically to HMRC's Customs Declaration Service via API, and receive status notifications (accepted, rejected, cleared, tax assessments).
(c) AI-Powered Classification (HSGenie) -- An AI assistant that helps Users identify the appropriate HS commodity codes for their goods through conversational interaction with the UK Trade Tariff.
(d) Document Extraction -- AI and OCR-powered extraction of structured data from uploaded invoices, packing lists, and other trade documents (PDF and Excel formats).
(e) Collaboration -- Multi-party collaboration on declarations, with role-based access for customs agents, logistics providers, importers, and exporters.
(f) Workspace Management -- Multi-tenant organisational management with user roles, sub-workspaces for client management, and team administration.
(g) API Access -- A public API with API key authentication for programmatic access to Platform features, including document extraction.
3.3. DutyDeclared is a software platform, NOT a customs brokerage, customs advisory service, freight forwarding service, or HMRC-authorised agent. We provide technology tools that enable Users to manage their own customs declarations. We do not provide customs advice, act as a declarant on behalf of Users, or independently verify the accuracy or legality of any Declaration submitted through the Platform.
3.4. The Platform transmits Declarations to HMRC exactly as instructed and prepared by the User. DutyDeclared does not independently verify customs compliance, duty calculations, commodity classifications, or the validity of any information contained within a Declaration.
4.1. Account Creation. To use the Platform, you must create an Account by providing a valid email address and completing the registration process. You may also be required to provide additional personal and company information during onboarding, including your name, phone number, and company name.
4.2. Accuracy of Information. You agree to provide accurate, current, and complete information during registration and to keep your Account information updated. Inaccurate information may result in the inability to use certain features of the Platform, particularly HMRC integration.
4.3. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must immediately notify us at support@dutydeclared.com if you become aware of any unauthorised use of your Account or any other breach of security.
4.4. One Account Per Person. Each Account is for a single individual User. You may not share your Account credentials with any other person. Multiple individuals should each create their own Accounts and be added to Workspaces with appropriate roles.
4.5. Age Requirement. You must be at least 18 years of age to create an Account and use the Platform.
4.6. Verification. We reserve the right to verify the identity of Users and the accuracy of registration information at any time. We may suspend or terminate Accounts where information is found to be false, inaccurate, or misleading.
5.1. Workspace Creation. Upon completing onboarding, Users may create a Workspace representing their business entity. A Workspace serves as the primary organisational unit for declarations, members, integrations, and billing.
An unpaid Workspace designated for live filing may be closed under Section 17.2(f) if it has never made a Live Government Submission. We will tell the Workspace Owner when a Workspace is designated for live filing. Paid coverage is protected as set out in Section 17.2(f).
5.2. Workspace Owner Responsibilities. The Workspace Owner bears responsibility for:
(a) The activities of all members within their Workspace.
(b) Managing roles and access permissions appropriately.
(c) Ensuring that HMRC integration credentials are kept secure.
(d) The accuracy and legality of all Declarations submitted from their Workspace.
(e) Payment of Subscription fees associated with the Workspace.
(f) Compliance with applicable customs laws and regulations in connection with Declarations submitted from their Workspace.
5.3. User Roles. The Platform supports the following Workspace roles, each with different levels of access and permissions:
5.4. Sub-workspaces. Workspace Owners and Admins may create Sub-workspaces to manage client accounts. Sub-workspaces share the parent Workspace's Subscription but maintain separate declarations and member lists. The number of Sub-workspaces permitted depends on the Subscription Plan.
5.5. Declaration Roles. Users may be invited to collaborate on individual Declarations with specific roles (Agent, Logistic, Importer, Exporter, Guest). Declaration-level access is independent of Workspace membership.
5.6. Member Management. Workspace Owners and Admins are responsible for managing member access, including promptly removing Users who should no longer have access to the Workspace or its data.
6.1. Subscription Plans. The following tiers are currently available:
6.2. Pricing. Current pricing for each Plan is published on our website. Prices are quoted in British Pounds Sterling (GBP) or Euros (EUR). All prices are exclusive of VAT unless otherwise stated.
6.3. Billing Cycle. Subscriptions are billed either monthly or annually, depending on the billing cycle selected at the time of subscription.
6.4. Payment Processing. All payments are processed securely through Stripe, our third-party payment processor. By subscribing to a paid Plan, you agree to Stripe's terms of service. We do not store your payment card details directly; they are handled entirely by Stripe.
6.5. Passport Plan. New Users automatically receive access to the Passport Plan upon registration. The Passport Plan is subject to usage limits as specified on the Platform. No payment information is required for the Passport Plan.
6.6. Subscription Renewal. Paid Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You will be charged the then-current price for your Plan at the time of renewal.
6.7. Cancellation. You may cancel your Subscription at any time through the billing management section of the Platform (powered by the Stripe Customer Portal). Upon cancellation:
(a) Your Subscription remains active until the end of the current billing period.
(b) You will not be charged for subsequent billing periods.
(c) At the end of the billing period, your Workspace will revert to the Passport Plan, subject to Passport Plan usage limits.
6.8. Refund Policy. All fees paid for access to the Service are non-refundable. Upon subscribing to a monthly plan, the Customer acknowledges and agrees that charges are due and payable at the start of each billing period and that no refunds or credits will be issued for any unused portion of a subscription period, including in the event of early cancellation, downgrade, or termination.
For the avoidance of doubt:
(a) cancellation of a subscription by the Customer will take effect at the end of the current billing period, and no refund will be issued for the remainder of that period;
(b) termination of the Customer's account by DD for cause (including breach of these Terms) does not entitle the Customer to any refund of fees already paid; and
(c) no refunds will be issued in respect of any unused features, functionality, or capacity under the Customer's plan.
DD reserves the right to modify subscription pricing upon reasonable prior notice. If a Customer does not accept a pricing change, their sole remedy is to cancel their subscription before the new pricing takes effect.
6.9. Failed Payments. If a payment fails, we will attempt to process the payment again in accordance with Stripe's retry schedule. If payment remains unsuccessful after two attempts, your Subscription may be suspended or downgraded to the Passport Plan. We will notify you of any payment failures via the email address associated with your Account.
6.10. Price Changes. We reserve the right to change our pricing at any time. Existing Subscribers will be notified at least 60 days before any price increase takes effect. Price increases will apply from the next billing cycle following the notice period.
6.11. Usage Limits. Monthly submission allowances are set out in clause 6.1 and are enforced at the point of use. Pro, Business and Ultimate include unlimited team members, HSGenie lookups and document extractions. Enterprise usage limits are agreed as part of the tailored plan.
6.12. Enterprise Plans. Enterprise Plans are subject to separate commercial terms agreed in writing between DutyDeclared and the subscribing organisation. In the event of any conflict between these Terms and an Enterprise agreement, the Enterprise agreement shall prevail.
7.1. Nature of Integration. The Platform integrates with HMRC's Customs Declaration Service (CDS) to enable electronic submission of customs declarations. This integration operates through HMRC's official API using OAuth 2.0 authentication.
7.2. HMRC Credentials. To submit Declarations to HMRC through the Platform, you must connect your Workspace to HMRC by authorising DutyDeclared via HMRC's OAuth flow. This requires you to have a valid HMRC Government Gateway account with appropriate permissions. You are solely responsible for the security and proper use of your HMRC credentials.
7.3. Software Intermediary. DutyDeclared acts solely as a software intermediary between you and HMRC. We transmit Declarations to CDS exactly as prepared and submitted by you. We do not:
(a) Act as your customs agent, broker, or representative before HMRC.
(b) Independently verify the accuracy, completeness, or legality of your Declarations.
(c) Guarantee that any Declaration will be accepted by HMRC.
(d) Bear responsibility for any errors, omissions, or inaccuracies in your Declarations.
(e) Provide customs, tax, or legal advice of any kind.
7.4. User Responsibility for Declarations. You acknowledge and agree that:
(a) You are solely responsible for the accuracy and completeness of all information contained in your Declarations.
(b) You are solely responsible for ensuring that your Declarations comply with all applicable customs laws, regulations, and HMRC requirements.
(c) You are solely responsible for the correct classification of goods using HS codes.
(d) You are solely responsible for the accurate valuation of goods.
(e) You bear all liability for any penalties, fines, duty assessments, or other consequences arising from incorrect, incomplete, or non-compliant Declarations.
7.5. HMRC Notifications. The Platform processes notifications from HMRC regarding the status of submitted Declarations (e.g., accepted, rejected, cleared, tax assessments). These notifications are relayed to you as received from HMRC. DutyDeclared does not guarantee the timeliness or completeness of HMRC notifications, which are subject to HMRC system performance.
7.6. Payment Methods. The Platform supports multiple HMRC payment methods for duty and tax, including electronic credit transfer, deferment accounts, and cash accounts. You are responsible for ensuring that your selected payment method is valid, authorised, and has sufficient funds or credit to cover any duties and taxes assessed by HMRC.
7.7. Token Security. HMRC OAuth tokens stored within the Platform are encrypted using Google Cloud KMS. However, you acknowledge that the security of your initial HMRC authorisation and Government Gateway credentials is your sole responsibility.
8.1. Compliance with Laws. You agree to use the Platform in compliance with all applicable laws and regulations, including but not limited to:
(a) UK customs law, including the Taxation (Cross-border Trade) Act 2018 and the UK Trade Act 2021.
(b) HMRC CDS requirements and guidance.
(c) International trade regulations, sanctions, and export controls.
(d) Data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
(e) Any other applicable local, national, or international laws.
8.2. Accuracy of Data. You are solely responsible for ensuring that all data entered into the Platform, including but not limited to party details, EORI numbers, goods descriptions, HS codes, values, weights, and document references, is accurate, complete, and truthful.
8.3. Authorisation. You represent and warrant that you have all necessary authorisations, licences, and permissions to:
(a) Import the goods described in your Declarations.
(b) Submit customs declarations to HMRC.
(c) Use the HMRC Government Gateway credentials connected to your Workspace.
(d) Act on behalf of any third party (importer, exporter, or other party) named in your Declarations.
8.4. Document Retention. You are responsible for maintaining your own records and documents in accordance with HMRC requirements and applicable law. While the Platform stores Declaration data, you should maintain independent copies of all relevant documents. HMRC typically requires customs records to be retained for a minimum of 4 years.
8.5. Notification of Issues. You agree to promptly notify us of any errors, issues, or suspected security breaches related to your Account, Workspace, or Declarations.
9.1. Prohibited Activities. You agree NOT to:
(a) Use the Platform for any unlawful purpose, including the importation of prohibited or restricted goods without proper authorisation.
(b) Submit fraudulent, false, or deliberately misleading Declarations.
(c) Attempt to circumvent, disable, or interfere with the Platform's security features, authentication mechanisms, or usage limits.
(d) Use automated scripts, bots, scrapers, or other automated means to access the Platform except through the authorised API with a valid API Key.
(e) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
(f) Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
(g) Attempt to gain unauthorised access to any part of the Platform, other Users' Accounts, or any systems or networks connected to the Platform.
(h) Upload or transmit any viruses, malware, or other malicious code.
(i) Use the Platform to transmit unsolicited communications (spam) through the collaboration or messaging features.
(j) Share, resell, or redistribute access to the Platform or its features to third parties without our written consent.
(k) Use the Platform in any manner that could damage, disable, overburden, or impair the Platform.
(l) Use the AI features (HSGenie, Document Extraction) for purposes other than customs declaration management.
9.2. API Usage. If you access the Platform via the API, you additionally agree to:
(a) Keep your API Keys confidential and secure.
(b) Not exceed reasonable rate limits as communicated through API response headers.
(c) Not use the API in a manner that degrades the experience for other Users.
(d) Promptly revoke and regenerate API Keys if you suspect they have been compromised.
9.3. Enforcement. We reserve the right to investigate and take appropriate action against any User who violates this Acceptable Use Policy, including suspension or termination of their Account, removal of Content, and reporting to law enforcement authorities where appropriate.
10.1. Platform Ownership. The Platform, including its software, design, architecture, user interface, documentation, APIs, algorithms, AI models (as used within the Platform), trademarks, logos, and all related intellectual property, is owned by DutyDeclared Limited or its licensors. These Terms do not grant you any ownership rights in the Platform.
10.2. Licence to Use. Subject to your compliance with these Terms and payment of applicable Subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose of customs declaration management.
10.3. User Content. You retain ownership of all Content you upload to or create within the Platform, including Declaration data, uploaded documents, party information, and goods item data. By using the Platform, you grant us a limited licence to store, process, transmit, and display your Content solely as necessary to provide the Services.
10.4. Feedback. If you provide us with feedback, suggestions, or ideas regarding the Platform, you grant us an unrestricted, irrevocable, perpetual, royalty-free licence to use, modify, and incorporate such feedback into the Platform without any obligation to you.
10.5. Third-Party Intellectual Property. The Platform integrates with and relies upon third-party services, including HMRC CDS, Stripe, and AI providers. The respective intellectual property rights of those third parties are owned by them and governed by their own terms of service.
10.6. Restrictions. You may not:
(a) Copy, modify, or create derivative works of the Platform or any part thereof.
(b) Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
(c) Use our trademarks, trade names, or branding without prior written consent.
11.1 Privacy Policy
Our collection, use, and processing of personal data in connection with your use of the Platform is governed by our Privacy Policy, available at https://dutydeclared.com/privacy. The Privacy Policy forms part of these Terms.
11.2 Data Controller and Processor Roles
For the purposes of the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018:
(a) You (the Workspace Owner or business entity using the Platform) are the data controller in respect of any personal data contained within your Declarations, uploaded documents, party details, and other Content you introduce to the Platform.
(b) DutyDeclared Limited is a data processor acting on your instructions when processing such personal data on your behalf.
(c) DutyDeclared Limited is a data controller in its own right in respect of Account registration data (name, email, phone number) and usage data collected to manage the Platform and our relationship with you.
This Section 11 constitutes the data processing agreement between you (as controller) and DutyDeclared (as processor) required under Article 28 UK GDPR.
11.3 Subject Matter of Processing
11.4 DutyDeclared's Obligations as Processor
DutyDeclared shall, in its capacity as data processor:
(a) Process personal data only on your documented instructions and for the purposes set out in Section 11.3, unless required to do otherwise by UK law, in which case DutyDeclared will inform you of that legal requirement before processing (unless prohibited by law).
(b) Ensure that all personnel authorised to process personal data are subject to appropriate confidentiality obligations.
(c) Implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage, as described in Section 11.7.
(d) Not engage sub-processors without your prior general written authorisation. By accepting these Terms, you provide general authorisation for DutyDeclared to use the sub-processors listed in Section 11.8. DutyDeclared will inform you of any intended changes to sub-processors with at least 14 days' notice and give you the opportunity to object.
(e) Assist you in responding to requests from data subjects exercising their rights under UK GDPR (access, rectification, erasure, portability, restriction, objection), to the extent technically possible, within a reasonable timeframe.
(f) Assist you in ensuring compliance with your obligations under Articles 32–36 UK GDPR (security, breach notification, data protection impact assessments, prior consultation).
(g) At your choice, delete or return all personal data upon termination of the Services, unless UK law requires retention. The export and deletion process is described in Section 18.
(h) Make available all information necessary to demonstrate compliance with this Section 11 and allow for and contribute to audits conducted by you or a mandated auditor, on reasonable prior notice and at your cost.
(i) Immediately notify you if DutyDeclared believes an instruction infringes UK GDPR or other applicable data protection law.
11.5 Your Obligations as Controller
You warrant and agree that:
(a) You have a lawful basis under UK GDPR to share personal data with DutyDeclared for the purposes described in these Terms.
(b) You have provided appropriate privacy notices to individuals whose personal data appears in your Declarations and uploaded documents.
(c) You will only instruct DutyDeclared to process personal data in accordance with applicable data protection law.
(d) You are responsible for the accuracy of personal data you introduce to the Platform.
11.6 Data Transfers
DutyDeclared stores and processes data primarily within the United Kingdom and the European Economic Area. Where personal data is transferred to or processed by sub-processors outside the UK or EEA, DutyDeclared ensures that appropriate safeguards are in place in accordance with UK GDPR Chapter V, including Standard Contractual Clauses (SCCs) or reliance on an adequacy decision. Details of transfers and applicable safeguards are available on request at support@dutydeclared.com.
11.7 Security Measures
DutyDeclared implements the following technical and organisational measures to protect personal data:
11.8 Sub-processors
By accepting these Terms, you provide general authorisation for DutyDeclared to use the following sub-processors:
DutyDeclared will maintain an up-to-date sub-processor list at https://dutydeclared.com/subprocessors and will notify you of any intended changes with at least 14 days' notice, giving you the opportunity to object before the new sub-processor is engaged.
11.9 Personal Data Breach Notification
In the event of a personal data breach affecting personal data processed on your behalf, DutyDeclared will notify you without undue delay and in any event within 72 hours of becoming aware of the breach. Notification will be sent to the email address associated with your Account and will include, to the extent known: the nature of the breach, the categories and approximate number of data subjects affected, likely consequences, and measures taken or proposed to address the breach.
11.10 Data Retention
DutyDeclared retains personal data processed on your behalf for the duration of the relevant Services. Following termination of your Account or closure of a Workspace by us, the affected data will normally remain available for export for 90 days under Section 18. Where DutyDeclared acts as your processor, your choice to have personal data returned or deleted under Section 11.4(g) takes precedence over that default period, unless UK law requires retention. Owner-requested Workspace deletion follows Section 17.4. After the applicable export or deletion period, affected personal data is deleted from live systems unless retention is required by law. Where we act as processor, we will also delete remaining copies after return or deletion, unless UK law requires their storage. Backup copies awaiting secure disposal on the documented cycle described in the Privacy Policy will remain protected and inaccessible for ordinary use; the cycle must comply with our obligations as processor and applicable law. Any separate retention of data for which DutyDeclared acts as controller must have a lawful basis and a justified retention period, as explained in the Privacy Policy. Truly anonymised, aggregated information may be retained for platform analytics.
11.11 Analytics
DutyDeclared uses product analytics to monitor, maintain, and improve the Platform:
(a) Server-side analytics. DutyDeclared logs product usage events (such as declaration creation, submission, feature usage, and authentication) directly from its backend systems. This processing does not involve cookies or client-side tracking. The lawful basis is legitimate interests (DutyDeclared's interest in understanding platform usage to improve its services).
(b) Client-side analytics. With your consent (provided via the cookie consent banner on first use of the Platform), DutyDeclared may collect browser-side interaction data such as page views, UI interactions, and session behaviour using the Amplitude browser SDK. If consent is not given or is withdrawn, no client-side analytics are collected.
12.1. Nature of AI Features. The Platform includes AI-powered features, specifically:
(a) HSGenie -- A conversational AI tool that assists Users in identifying appropriate HS commodity codes by analysing product descriptions against the UK Trade Tariff.
(b) Document Extraction -- An AI and OCR system that extracts structured data (party details, line items, quantities, values) from uploaded invoices and packing lists.
12.2. AI as an Aid, Not an Authority. AI-generated outputs, including HS code suggestions, duty rate information, extracted data from documents, and any other recommendations or classifications, are provided as aids to the User and are not definitive, authoritative, or guaranteed to be correct.
12.3. User Verification Required. You acknowledge and agree that:
(a) All AI-generated suggestions and extracted data must be reviewed and verified by the User before being used in a Declaration or submitted to HMRC.
(b) You are solely responsible for the accuracy of any data that originates from AI features and is included in your Declarations.
(c) HSGenie suggestions do not constitute professional customs advice or classification services.
(d) Document extraction may produce errors, particularly with complex, handwritten, or poor-quality documents.
(e) AI outputs may not account for recent tariff changes, special conditions, or country-specific requirements.
12.4. No Liability for AI Outputs. DutyDeclared shall not be liable for any loss, damage, penalty, or cost arising from reliance on AI-generated outputs, including but not limited to incorrect HS code classifications, incorrect duty calculations, or inaccurate data extraction.
12.5. AI Usage Limits. Use of AI features is subject to the usage limits of your Subscription Plan (e.g., maximum HSGenie classification lookups per month). These limits are enforced as described in Section 6.11.
12.6. AI Improvement. AI features are continuously improved. We may update the underlying AI models, prompts, or processes at any time to improve accuracy and functionality. Such updates may result in different outputs for the same inputs over time.
13.1. Platform as Software Tool. DutyDeclared is a software tool that facilitates customs declaration management. DutyDeclared is NOT a customs brokerage, advisory service, or HMRC-authorised agent. The limitations in this section reflect the nature of the Service as a software platform.
13.2. Exclusion of Certain Liabilities. To the maximum extent permitted by applicable law, DutyDeclared shall NOT be liable for:
(a) Any penalties, fines, or assessments imposed by HMRC or any other government authority as a result of incorrect, incomplete, or non-compliant Declarations.
(b) Any duty miscalculations, including incorrect duty amounts, VAT calculations, or excise duty assessments.
(c) Any rejected Declarations, including any costs, delays, or consequences arising from HMRC rejecting a Declaration.
(d) Any delays in customs clearance, regardless of cause.
(e) Any loss of goods, storage charges, demurrage, or other costs associated with goods held at the border.
(f) Any consequences arising from the User's failure to obtain required licences, permits, or authorisations for the importation of goods.
(g) Any consequences arising from incorrect use of HMRC payment methods (deferment accounts, cash accounts, or other methods).
(h) Any loss or damage arising from AI-generated outputs (HSGenie classifications, document extraction results) that prove to be inaccurate.
(i) Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or loss of goodwill.
(j) Any loss or damage arising from HMRC system outages, API changes, or other HMRC-side issues outside our control.
13.3. Cap on Liability. To the maximum extent permitted by applicable law, DutyDeclared's total aggregate liability to you for any and all claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the greater of:
(a) The total Subscription fees paid by you to DutyDeclared in the 12 months immediately preceding the event giving rise to the claim; or
(b) GBP 500.
13.4. Statutory Rights. Nothing in these Terms excludes or limits our liability for:
(a) Death or personal injury caused by our negligence.
(b) Fraud or fraudulent misrepresentation.
(c) Any other liability that cannot be excluded or limited by applicable law.
13.5. Reasonableness. You acknowledge that the limitations and exclusions in this section are reasonable given the nature of the Service as a software tool, the pricing of the Subscription Plans, and the fact that you retain sole responsibility for the content and accuracy of your Declarations.
14.1. "As Is" Basis. The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express, implied, or statutory.
14.2. No Warranties. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:
(a) Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
(c) Any warranty that the Platform will meet your specific requirements or expectations.
(d) Any warranty regarding the accuracy, reliability, or completeness of any content, data, or information provided through the Platform, including AI-generated outputs.
(e) Any warranty that Declarations submitted through the Platform will be accepted by HMRC.
(f) Any warranty regarding the performance, reliability, or availability of HMRC systems or APIs.
14.3. Third-Party Services. We make no warranties regarding any third-party services integrated with the Platform, including but not limited to HMRC CDS, Stripe, Google Cloud, and AI service providers. These services are subject to their own terms and availability.
14.4. Professional Advice. The Platform does not provide professional customs, tax, or legal advice. Information displayed within the Platform, including tariff rates, duty calculations, and regulatory references, is provided for informational purposes only and should not be relied upon as a substitute for professional advice.
15.1. User Indemnification. You agree to indemnify, defend, and hold harmless DutyDeclared Limited, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) Your use of the Platform and the Services.
(b) Any Declaration submitted through the Platform using your Account or Workspace, including any penalties, fines, or duty assessments imposed by HMRC or any other authority.
(c) Any breach of these Terms by you.
(d) Any violation of applicable laws or regulations, including customs laws, trade regulations, and sanctions.
(e) Any inaccurate, incomplete, or misleading data submitted by you through the Platform.
(f) Any infringement of third-party rights arising from Content you upload to the Platform.
(g) Any claims by third parties (importers, exporters, carriers, or other parties) arising from your Declarations or use of the Platform.
15.2. Notification. We will promptly notify you of any claim subject to indemnification and will reasonably cooperate with you in the defence of such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
16.1. Reasonable Efforts. We will use commercially reasonable efforts to ensure that the Platform is available and operational. However, we do not guarantee any specific level of uptime or availability unless otherwise agreed in writing under an Enterprise Plan.
16.2. Planned Maintenance. We may perform scheduled maintenance that temporarily limits or interrupts access to the Platform. We will endeavour to provide advance notice of planned maintenance where reasonably possible and to schedule maintenance during off-peak hours.
16.3. No SLA Guarantee (Standard Plans). For Passport, Pro, Business, and Ultimate Plans, there is no Service Level Agreement (SLA) and no guarantee of specific uptime percentages.
16.4. Enterprise SLA. Enterprise Plan customers may be eligible for a Service Level Agreement with defined uptime targets and service credits. Enterprise SLA terms are subject to separate written agreement.
16.5. Exclusions. The following are excluded from any availability commitment:
(a) HMRC CDS system outages or degraded performance.
(b) Third-party service outages (Stripe, cloud infrastructure, AI providers).
(c) Force Majeure events (see Section 21).
(d) Scheduled maintenance.
(e) Issues caused by your equipment, internet connection, or software.
(f) Issues arising from your misuse of the Platform or violation of these Terms.
17.1. Termination by You. You may terminate your Account at any time by:
(a) Cancelling your Subscription through the billing management section of the Platform.
(b) Requesting Account deletion by contacting us at support@dutydeclared.com.
17.2. Termination by Us. We may suspend or terminate your Account, Workspace, or access to the Platform at any time if:
(a) You breach these Terms or the Acceptable Use Policy.
(b) You fail to pay Subscription fees when due and such failure continues after notice and a reasonable cure period.
(c) We are required to do so by law or regulation.
(d) We reasonably believe your Account has been compromised or is being used fraudulently.
(e) We discontinue the Platform or any material part of the Services (in which case we will provide at least 30 days' notice).
(f) Unused Workspaces. An unused Workspace meets the following conditions for closure:
(i) Eligibility. We may close an unpaid Workspace designated for live filing if it has never made a Live Government Submission and at least 60 days have elapsed from the start date in Section 17.2(f)(ii). This paragraph (f) does not apply while the Workspace benefits from paid coverage, including a paid Subscription inherited from a parent Workspace. An agreed extension also prevents closure until it expires. Once a Workspace has made a Live Government Submission, this paragraph (f) does not apply to any later inactivity.
(ii) Start date. The 60-day period starts on the latest applicable date: the date the Workspace was created; the date this paragraph (f) took effect for that Workspace; the date its most recent paid coverage ended; or the date it most recently entered the scope described in Section 17.2(f)(i). We will notify the Workspace Owner of its designation for live filing and applicable start date. No period before that designation has been notified will count towards the 60 days.
(iii) Notice and review. Before closure, we will give the Workspace Owner at least 14 days' notice. The notice will identify the Workspace, the reason, the start date, the proposed closure date, the export rights under Section 18 and how to request a review or extension at support@dutydeclared.com. The proposed closure date will be no earlier than the end of both the 60-day period and the 14-day notice period. We will send the notice to the email address associated with the Workspace Owner's Account and display it within the Workspace. The 14-day period will not start unless we have reliable evidence that the email was delivered to the recipient’s mailbox; evidence that an email was merely sent is insufficient. We do not require proof that the recipient opened or read it. If delivery cannot be confirmed, we will seek another notice method agreed with the recipient and will not close the Workspace until at least 14 days after notice is delivered by that method.
We will pause closure while a review or extension request received before actual closure remains unresolved. A member of our team authorised to cancel or defer closure will consider the request fairly, including onboarding delays, Platform or government-system outages, and other reasonable circumstances. If we decide to proceed, we will explain the decision and give at least 14 days from delivery of that decision before closure. A repeat request raising no new relevant information does not reopen a review already decided. This does not limit any statutory complaint, data-protection or legal rights.
(iv) Checks before closure. An authorised member of our team will make the decision to close each Workspace after considering its circumstances and checking its submission history, authority responses, paid coverage, extensions and unresolved review requests. That person may cancel or defer closure. We will recheck those conditions immediately before carrying out the decision. We will not close it under this paragraph (f) if those checks do not establish that it is eligible. Missing or uncertain submission records alone are not proof that no Live Government Submission occurred. We will hold closure while a pending live filing or uncertainty about its receipt remains unresolved.
(v) Avoiding closure. A Live Government Submission received before actual closure removes the Workspace from this rule, even if received after the 60-day period or proposed closure date. Paid coverage in place before actual closure also prevents closure while it applies. You must not make a fictitious, false, misleading or unnecessary filing to keep a Workspace open. You may instead request a review or extension, export your data or allow the Workspace to close.
(vi) Scope and records. Closure ends operational access only to the identified Workspace. It does not close other Workspaces or remove access to other Declarations or paid Services. Closing a parent Workspace will not, by itself, close its Sub-workspaces or remove their separate access or entitlements. Closure does not delete records immediately, withdraw a filing, or end your responsibilities to any government authority. The export and retention provisions in Sections 11 and 18 continue to apply.
(vii) Related Account closure. After closing a Workspace under this paragraph (f), we may also close an Account associated with that Workspace only if it is unused for any other Service and has no remaining Workspace membership, Declaration-level access or paid entitlement. An authorised member of our team will decide whether to close that Account after checking each of those Account-specific conditions and its circumstances, and may cancel or defer closure. We will recheck those conditions immediately before carrying out the decision. An individual's failure to make a filing is not, by itself, a reason to close their Account. We will give the Account holder a separate notice identifying the reason, proposed closure date, export rights and review route at support@dutydeclared.com. The delivery, minimum 14-day notice, pause and review safeguards in Section 17.2(f)(iii) apply to that Account closure, with references to the Workspace and Workspace Owner read as references to the Account and Account holder. Closure will not shorten an existing export period or prevent access to review, export or data-protection request procedures. We will preserve the restricted access or assistance needed to exercise those rights.
The absence of a Live Government Submission, or inactivity alone, is not a breach of these Terms. Closure for the reason described in Section 17.2(f) must follow that provision; we will not use another ground under Section 17.2 or Section 9.3 to bypass its conditions or safeguards. This does not prevent action on a separate ground under this Section 17.2 or Section 9.3, such as an actual breach, non-payment after the required notice and cure period, a legal requirement or reasonable grounds to believe an Account is compromised or being used fraudulently.
17.3. Effect of Termination. Upon termination:
(a) Your right to use the affected Account, Workspace or Services ceases on termination (or at the end of your billing period, if applicable), except for the restricted access or assistance needed to exercise the export rights in Section 18 and any applicable review or data-protection rights. Termination of one Workspace does not, by itself, terminate your Account or your rights in other Workspaces, Declarations or Services.
(b) You will have 90 days following termination of your Account or closure of a Workspace by us to exercise the export and assistance rights set out in Section 18, subject to the data-controller choices and lawful retention provisions in that section. Owner-requested Workspace deletion follows Section 17.4. A later Account closure will not shorten an export period that has already begun.
(c) Any outstanding Subscription fees remain due and payable.
(d) Declarations and other filings already submitted to a government authority are not withdrawn or cancelled by termination of your Account or closure of a Workspace. You remain responsible for those filings and for meeting any applicable record-keeping obligations.
(e) Sections of these Terms that by their nature should survive termination will continue to apply, including but not limited to Sections 10, 11, 13, 14, 15, 20, and 23.
17.4. Workspace Deletion. Workspace Owners may delete their Workspace at any time. Deleting a Workspace will permanently remove all associated data, including Declarations, Goods Items, Documents, and member associations. This action is irreversible. A 30-day grace period applies before permanent deletion, during which data can be recovered on request.
This is the process for deletion requested by a Workspace Owner. It does not apply to closure by us under Section 17.2(f), which is subject to the 90-day export period in Section 18. This section remains subject to Section 11.4(g), applicable data-protection rights and any retention required by law. Deletion from the Platform does not delete records held by a government authority.
18.1. Export Capability. The Platform provides functionality to export your Declaration data. Currently available export formats include:
(a) XLSX (Excel) export of Declaration data.
(b) Download of uploaded documents from cloud storage.
18.2. Planned Enhancements. We intend to expand data export capabilities in the future, including comprehensive data export of all Workspace data.
18.3. Export Period. Following termination of your Account, whether by you or by us, or closure of a Workspace by us, you will have 90 days from that termination or closure to export the affected Declaration data in XLSX format and download uploaded documents as described in Section 18.1, using the available features or by contacting us at support@dutydeclared.com. Comprehensive export of all Workspace data remains a planned enhancement under Section 18.2; that limitation does not reduce a controller's separate right to require return or deletion of all personal data processed on its behalf under Section 11.4(g). We will preserve restricted access or provide assistance sufficient to exercise this right, subject to reasonable identity and authority checks. A Workspace Owner or other person validly authorised to receive the relevant data may obtain assistance without an active login. A later Account closure will not shorten an existing export period. Access to data in other Workspaces remains subject to your existing permissions. This default export period does not override a controller's valid choice to have personal data returned or deleted under Section 11.4(g), applicable data-protection rights or retention required by law. Owner-requested Workspace deletion follows Section 17.4.
18.4. Assistance. If you require assistance with data export beyond the Platform's self-service capabilities, you may contact support@dutydeclared.com. We will use reasonable efforts to assist. We will not charge for assistance needed solely because closure under Section 17.2(f) has removed access to the Platform's otherwise available export features. We may charge a reasonable fee for extensive additional export work, agreed with you in advance, where permitted by law. This does not limit any data-protection right or any obligation that we must fulfil without charge.
18.5. Data Deletion. After the applicable export period, affected personal data will be deleted in accordance with Section 11.10, including its requirements for remaining processor-held copies, subject to a controller's valid return or deletion instructions and retention required by law. Other affected Content may also be deleted after that period. Data that must be retained remains protected and will be used only for the purpose justifying its retention. Closure or deletion within the Platform does not withdraw filings or erase records held by a government authority.
19.1. Updates. We may publish updated Terms at any time and will identify the version by its “Last updated” date. For existing contracts, we may make changes under this section to reflect changes in law or regulatory requirements; changes to government filing systems or third-party integrations on which the Services depend; measures needed to protect the security or integrity of the Platform; technical changes needed to maintain compatibility or reliable operation; or corrections, clarifications and improvements that do not materially disadvantage you. Changes must be proportionate to their stated reason. Other changes may be offered for your agreement or for a new contract or renewal, subject to applicable law and any existing contractual commitments. Publication alone does not make a change binding where notice, agreement or another step is required.
19.2. Immediate Changes. Subject to Section 19.3, changes that do not materially disadvantage you may take effect on publication without advance notice where applicable law and the contract already binding on you permit this. This includes corrections that do not change the substance of your rights or obligations and changes solely for your benefit. Changes needed to meet a legal requirement or address an unforeseen and imminent security threat may take effect immediately only to the extent that the applicable law permits or requires this and any existing contractual obligations allow it. We will provide any information or notice required by law, using the required method and timing.
19.3. Notice and Existing Contracts. We will give any advance notice, obtain any agreement and provide any cancellation, refund or other rights required by applicable law or the contract already binding on you. This includes any reasonable notice or minimum notice period required for a change that materially disadvantages you. Where notice is required, it will explain the change, the reason, when it will take effect and your available options, and will be sent using the method required by applicable law and the contract already binding on you or, where neither specifies a method, by email or another legally permitted method, in a form you can retain where required. A notice within the Platform may supplement that notice. We do not promise a single fixed notice period for every future change. This section does not cancel a notice period or other protection in an earlier contract until that protection has itself been validly changed. This section does not override any separate notice period, procedure or protection for price changes, suspension, termination, Workspace closure, data export or Enterprise agreements set out elsewhere in these Terms or in an applicable separate agreement. Mandatory legal protections cannot be waived by this section.
19.4. Acceptance and Other Rights. We will obtain your express agreement where required. Continued use after the stated effective date will amount to acceptance only where that is a legally valid way of agreeing the change and all applicable notice and other requirements have been met. Silence, failure to log in, or use solely to export data, request a review or exercise a data-protection right will not, by itself, constitute acceptance. If you do not accept a proposed change, you may exercise any available termination or other rights under your existing contract and applicable law; we will explain any such rights in a required notice. A change will not retrospectively remove an accrued right or remedy. For an existing Workspace, the 60-day period in Section 17.2(f) will not begin before that provision has validly taken effect for that Workspace. We will not rely on that provision where a separate agreement gives you a conflicting right to continue the relevant Services.
20.1. Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
20.2. Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
20.3. Consumer Rights. If you are a consumer (as defined by the Consumer Rights Act 2015), nothing in these Terms affects your statutory rights. You may also have the right to bring proceedings in the courts of the country where you are domiciled.
21.1. Definition. Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the reasonable control of that party ("Force Majeure Event").
21.2. Force Majeure Events. Force Majeure Events include, but are not limited to:
(a) Natural disasters (flood, earthquake, storm, epidemic, pandemic).
(b) War, terrorism, civil unrest, or armed conflict.
(c) Government actions, sanctions, embargoes, or regulatory changes.
(d) HMRC system outages, CDS API failures, or changes to HMRC systems or requirements that are outside DutyDeclared's control.
(e) Failure of third-party infrastructure providers, including cloud hosting, internet service providers, and telecommunications networks.
(f) Power outages or utility failures.
(g) Cyberattacks, including distributed denial-of-service (DDoS) attacks, provided that we have taken reasonable precautions.
(h) Labour disputes or industrial action (excluding those involving our own employees).
(i) Changes to applicable laws or regulations that materially affect the provision of the Services.
21.3. Obligations. A party affected by a Force Majeure Event shall:
(a) Promptly notify the other party of the nature and expected duration of the event.
(b) Use reasonable efforts to mitigate the effects of the event.
(c) Resume performance as soon as reasonably practicable after the event ceases.
21.4. Extended Force Majeure. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate these Terms by giving written notice to the other party.
22.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
22.2. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be deemed severed from these Terms.
23.1. These Terms, together with the Privacy Policy at https://dutydeclared.com/privacy, and any applicable Enterprise agreement, constitute the entire agreement between you and DutyDeclared Limited with respect to the use of the Platform and the Services. The data processing terms in Section 11 satisfy the Article 28 UK GDPR requirement for a written data processing agreement.
23.2. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter of these Terms.
23.3. Waiver. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party. A failure to enforce any provision shall not constitute a waiver of that provision.
23.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided that the assignee agrees to be bound by these Terms.
23.5. Third-Party Rights. These Terms do not confer any rights on any person or party other than the parties to these Terms and their permitted successors and assigns. No third party shall have any right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.
23.6. Notices. All notices to DutyDeclared under these Terms should be sent to support@dutydeclared.com or to our registered address. Notices to you will be sent to the email address associated with your Account.
If you have any questions about these Terms, please contact us:
DutyDeclared Limited Email: support@dutydeclared.com Website: https://dutydeclared.com Registered Address: 167-169 Great Portland Street, 5th Floor, London W1W 5PF, United Kingdom Company Registration Number: 16188124
For urgent matters relating to Account security or HMRC integration issues, please email support@dutydeclared.com with "URGENT" in the subject line.