Terms of Service

"Account" means the user account created by or on behalf of the Customer to access and use the Service.

"Authorized User" means any individual who is authorized by the Customer to access and use the Service under the Customer's subscription.

"ClearanceGuard", "we", "us", or "our" refers to ClearanceGuard, registered in the Netherlands.

"Customer", "you", or "your" refers to the legal entity or natural person acting in a professional capacity that enters into an agreement with ClearanceGuard.

"Customer Data" means all data, documents, files, and content that the Customer uploads, imports, or provides to the Service, including T1 transit document data, MRN numbers, consignee information, carrier details, and reference amounts.

"Service" means the ClearanceGuard web application and all related services provided at clearanceguard.nl and app.clearanceguard.nl.

"Subscription Fee" means the recurring fee payable by the Customer for access to the Service.

ClearanceGuard provides a cloud-based T1 transit document compliance monitoring platform designed for customs brokers and logistics professionals operating in the Netherlands.

The Service enables Customers to: import and monitor T1 transit documents and their expiry dates; track NCTS statuses; send automated email reminders to carriers; generate compliance reports and audit trails; manage team access; and export data.

The Service is a monitoring and alerting tool. It does NOT constitute customs advice, legal advice, tax advice, or professional compliance consulting. The Service does not replace the professional judgment of qualified customs brokers or legal professionals.

ClearanceGuard does not guarantee any specific customs compliance outcomes. The Customer remains solely responsible for ensuring compliance with all applicable customs laws, including the Union Customs Code (Regulation (EU) No 952/2013) and the Algemene douanewet.

The Customer represents that it is a legal entity or natural person acting in a professional capacity (zakelijk gebruik), and that the individual accepting these Terms has authority to bind the Customer.

The Customer is responsible for maintaining the confidentiality of all Account credentials, all activities under the Account, and immediately notifying ClearanceGuard at info@clearanceguard.nl of any unauthorized access.

Each Authorized User must have a unique login. Account credentials may not be shared among multiple individuals.

ClearanceGuard offers a free trial period of fourteen (14) days during which the Customer may evaluate the Service without providing payment information.

During the Trial Period, the Service is provided "as is" without service level commitments. At the end of the Trial Period, access will be suspended unless the Customer subscribes. Customer Data will be retained for at least thirty (30) days following the Trial Period.

Current offer: Early Adopter subscription at the rate specified in the Order Form for the first twelve (12) months, subject to spot availability. After the Early Adopter period, Customers transition to ClearanceGuard's then-current rate card; post-launch tier ladder will be governed by a separate Order Form or the rate card in effect at the time of renewal.

Fair use applies to all subscriptions. There are no per-document tier caps on the Early Adopter subscription, but ClearanceGuard may reach out to align on capacity for sustained workloads exceeding ten thousand (10,000) T1 documents per calendar month.

Subscriptions are billed monthly in advance via Stripe. ClearanceGuard may adjust fees upon thirty (30) days' prior written notice. All fees are exclusive of applicable taxes (BTW).

If payment fails, ClearanceGuard will provide at least fourteen (14) days to resolve the issue before suspending access. Subscription Fees are non-refundable. No refunds for partial months or early termination.

The Customer shall NOT: use the Service for purposes other than professional customs compliance monitoring; upload data they have no legal right to process; attempt unauthorized access; reverse engineer the Service; send unsolicited communications; interfere with the Service; use automated tools without consent; sublicense or resell access; or violate any applicable law.

The Customer retains all right, title, and interest in Customer Data. ClearanceGuard will not sell, use for advertising, or disclose Customer Data except to provide the Service.

The Customer is solely responsible for the accuracy, completeness, and legality of all Customer Data. ClearanceGuard does not verify imported data including MRN numbers or expiry dates.

The Customer may export data at any time. Upon termination, a thirty (30) day export period is provided before deletion.

ClearanceGuard retains all rights to the Service, including software, interface, design, trademarks, and documentation. These Terms grant only a limited right to use the Service during an active Subscription.

If the Customer provides feedback or suggestions, ClearanceGuard may freely use and incorporate such feedback without obligation.

Monitoring Tool Disclaimer. The Service is a monitoring and alerting tool only. ClearanceGuard is NOT a customs broker, customs advisor, or compliance consultant.

No Liability for Customs Outcomes. ClearanceGuard shall NOT be liable for: fines, penalties, or sanctions imposed by customs authorities; losses from missed deadlines or expired transit documents; losses from non-delivery of automated alerts; losses from inaccurate data imported by the Customer; or losses from reliance on the Service as a sole compliance tool.

Exclusion of Indirect Damages. ClearanceGuard shall NOT be liable for indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, or business; loss of data (except from ClearanceGuard's breach of security obligations); or cost of substitute services.

Liability Cap. Total aggregate liability shall not exceed the Subscription Fees paid during the three (3) months immediately preceding the event giving rise to the claim.

Exceptions. These limitations do NOT apply to intentional misconduct (opzet) or gross negligence (grove schuld); breach of data protection obligations; death or personal injury; or any liability that cannot be excluded under Dutch law.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. ClearanceGuard does not warrant that the Service will be uninterrupted, error-free, or compatible with all third-party systems. The Customer acknowledges it has conducted its own evaluation of the Service.

The Customer agrees to indemnify and hold harmless ClearanceGuard from claims arising from: the Customer's use of the Service; breach of these Terms; violation of applicable law; third-party claims related to Customer Data; failure to comply with customs laws; or inaccuracy in Customer Data.

ClearanceGuard uses commercially reasonable efforts to maintain availability. No formal SLA with guaranteed uptime is currently offered. Planned maintenance will be performed during off-peak hours where practicable.

Support is provided via email at info@clearanceguard.nl Monday through Friday, 09:00–17:00 Europe/Amsterdam. Initial acknowledgement typically within one business day.

By Customer: Cancel any time via Account settings or email. Takes effect at end of current billing period.

By ClearanceGuard: Immediately for acceptable use violations; 14 days for payment defaults; 30 days for other material breaches; 90 days if discontinuing the Service entirely.

Effect: 30-day data export period after termination. Outstanding fees remain due. Sections on data ownership, IP, liability, and indemnification survive termination.

Audit log data is retained for seven (7) years from the end of the relevant financial year, in accordance with Dutch customs law (Article 1:32 Algemene douanewet). Operational data is deleted within 30 days after the export period. Account data may be retained up to 12 months for reactivation or dispute resolution.

Deletion requests: contact info@clearanceguard.nl. Compliance within 30 days, subject to legal retention obligations.

Neither party is liable for delays caused by circumstances beyond reasonable control, including: natural disasters, war, government orders, internet/infrastructure failure, third-party service outages, cyberattacks, or labor disputes.

If a Force Majeure Event continues for more than sixty (60) days, either party may terminate.

ClearanceGuard may modify these Terms with thirty (30) days' notice for material changes, via email or prominent notice on the website. Continued use constitutes acceptance. Non-material changes may be made without notice.

These Terms are governed by the laws of the Netherlands (Nederlands recht). Disputes shall be submitted to the competent court in Amsterdam. Parties agree to attempt good-faith negotiation for at least thirty (30) days before legal proceedings.

If any provision is found invalid, it shall be modified to the minimum extent necessary or severed, without affecting the remaining provisions.

Entire Agreement. These Terms, the Privacy Policy, and any Data Processing Agreement constitute the entire agreement.

Assignment. Customer may not assign without consent. ClearanceGuard may assign in connection with a merger or acquisition.

Language. These Terms are drafted in English. In case of conflict with any translation, the English version prevails.

ClearanceGuard, registered in the Netherlands

Email: info@clearanceguard.nl

Website: clearanceguard.nl