Current as of December 2022

Terms of Use

We want to ensure Achvah is used right.

Thank you for using Achvah! We know it is tempting to skip these Terms of Use, but it is important to establish what you can expect from us as you use our Service, and what we expect from you. Understanding these Terms is important because by using our Service you are agreeing to these Terms.

Service Provider

The Achvah Service is provided by, and you are contracted with:

Achvah

a limited liability company incorporated and existing under the laws of the Cayman Islands.

Introduction

Achvah provides a multi-tenanted SaaS (Software as a Service) solution and seeks to ensure and maintain an optimal user experience. This page contains the Terms that govern your access to Achvah (“we” or “our”) website and the use of Achvah Service that enables you to create Customs declaration (the "Service"). You may use the Service only in compliance with these Terms.

By using the Service, in any way, you acknowledge that you have read, understand, and agree to be bound by these Terms. You may use the Service only if you have the power to form a contract with Achvah and are not barred under any laws from doing so. If you are using the Service on behalf of an entity, you are agreeing to these Terms for that entity and indicating that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

These Terms may be modified at any time without notice to you. The date of the most recent revision will appear on this page, so please check back often. Your use of or continued access to the Service after any change constitutes your agreement of the changes.

Use of the Service

Achvah provides the Service for the purpose of creating Customs declarations. Achvah does not assume any responsibility or liability for any business, transactions, and activities you carry out with Customs. To use the Service to create declarations, you must have an account obtained by you completing a registration form including specifying your password. You agree and represent that the registration details you provide are accurate.

You are responsible for what you do with your account, including taking reasonable steps to safeguard the password that you use to access the Service, and you agree not to disclose your password to any third party. Any activity using your account is your responsibility, whether you authorized that activity. You agree to take all steps necessary to terminate any unauthorized use of your account. Achvah has no liability for any loss or expenses arising from any unauthorized use of your account.

You agree not to use the Service in any way that harms or may harm the reputation of Achvah, or which may interfere with or disrupt the provision, integrity, or performance of the Service or the data contained therein. We want to maintain a respectful environment for everyone, which means that you will not, and will not attempt to (directly or indirectly):

  1. upload any data that infringes or violates any intellectual property rights. Files and other content in the Service may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Achvah, will be fully responsible and liable for what you copy, share, upload, download, or otherwise use while using the Service
  2. upload any data that contains any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any data. For example, you must not upload spyware or any other malicious software to the Service such as unauthorized load testing, security testing, or any other use of the Service that causes an unreasonable load on the resources used by Achvah to provide the Service
  3. attempt to misuse the Service or use the Service in any manner or for any purpose other than as expressly permitted by these Terms. For example, access other Achvah accounts modify, tamper with or otherwise create derivative works of the Service
  4. access all or any part of the Services to build a product or service which competes with the Service. For example, reverse engineer, disassemble or decompile any component of the Service or otherwise attempt to reduce to human-perceivable form or discover any source code, underlying ideas, or algorithms contained in the Service
  5. commercially exploit, distribute, lease, sell, resell, sublicense, assign or otherwise transfer the Service to any third party. For example, by allowing a third party to access the Service using your account

We may discontinue, suspend, or modify our Service at any time without notice, and we may terminate or suspend your access to our Service at any time for any reason or no reason at all in our sole discretion, even if access continues to be allowed to others.

Termination of your use of the Service

Though we would rather you stay, you are always free to stop using our Service at any time. If you do stop using our Service, we would appreciate knowing why so that we can continue improving our Service.

We reserve the right to suspend or end your access to the Service at any time, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use if:

  1. you are not complying with these Terms
  2. we are required to do so to comply with a legal requirement or a court order
  3. we reasonably believe that you use the Service in any way that would cause us liability or disrupt others’ use of the Service. For example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that does not belong to you

These Terms are valid unless and until terminated with twenty-eight (28) days advance written notice to the non-terminating party in accordance with the following:

  1. any Service subject to fees may be terminated by you by informing Achvah of such termination in writing at least three (3) days prior to the end of the current billing period provided that if you terminate the Service without cause, any amounts owed to Achvah before termination will become immediately due and payable
  2. If Achvah terminates this agreement, for convenience, in the middle of a subscription period for which you have paid advance fees, or if you terminate this agreement due to change(s) made unilaterally by Achvah, then we shall refund you any fees actually paid for the Service in respect of such period during which you cannot use the Service due to the termination, prorated to the number of days remaining after termination. Payment of refund shall be made upon your request only and if you furnish us with your account number and other such information as is required to make the refund
  3. Upon the termination of this agreement for any reason, your right to use the Service shall cease immediately. Achvah will allow you to access, without the right to modify, enhance or add to your data for fifteen (15) days after termination. After that fifteen (15) day period, Achvah has no further obligation to maintain your data and will delete your data, unless legally prohibited. In case of trials, Achvah has no further obligation to maintain your data after the trial is completed and will delete your data at the end of the trial period

Any termination shall not limit any other rights or remedies which Achvah may hold, all of which are hereby reserved.

Availability of the Service

Achvah will use its reasonable commercial efforts to keep the Service available 24/7 targeting availability of 99.5% uptime or higher. Achvah does not warrant that the Service will be uninterrupted, timely or free from defects or that its operation will be entirely error free. When calculating availability, any downtime of the Service shall not be considered if it is caused by:

  1. factors outside of our reasonable control. For example, any reason attributable to any third party used in provision or in connection to providing the Service such as payment gateway, hosting provider
  2. any actions or inactions by you
  3. planned maintenance

We reserve the right, in our sole discretion, to change, update, or enhance the Service as well as support for the Service at any time including to add or remove functions from the Service. Achvah assumes no liability with regards to any downtime of the Service.

Ownership

By using our Service, you provide us with data and acknowledge that you have the rights or permission needed to comply with these Terms. You retain full ownership to this data provided, transmitted, processed through, or stored by us. You hereby grant us the limited rights to such data as needed solely:

  1. to provide the Service to you
  2. to comply with the request from a government or regulatory body, as required by law
  3. for statistical use (provided that such data is anonymized and is not personally identifiable)
  4. to improve the Service

You may choose to use third-party services (such as payment services) offered to you in connection with the Service. Such third-party services shall be solely subject to their third-party Terms of Use.

All rights to the Service remain the sole and exclusive property of Achvah or third parties. Subject to any fees agreed to be paid for the Service, you are granted, for the duration of this agreement, a non-exclusive, limited, non-transferable, non-sublicensable right to use the Service for the sole purpose of creating your Customs declarations.

Although we give you permission to use our Service, we retain any intellectual property rights we have in the Service. You acknowledge and agree that Achvah retains all rights and interest in and to:

  1. the Service, proprietary content, hardware, and software used by Achvah or provided to you in connection with the Service
  2. any feedback, such as suggestions to improve our services, or other information provided by and or learned because of your use of the Service
  3. all transactional and performance data related to the use of the Service, including for purpose of machine learning and Service optimization, provided that such use does not reveal your identity, or any other confidential information that belongs to you

Achvah may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. All rights not expressly granted herein are reserved. Unless Achvah has granted you licenses to our intellectual property in these Terms, providing you with the Service does not give you any license to our intellectual property.

Payment

Fees may be applicable to the use of the Service. You agree to pay the fees and charges incurred for the Service. You will pay in the currency quoted (USD) using a valid credit/debit card.

Fees chargeable for the use of the Service shall be based on the Pricing Plan of Achvah set forth on our website as in force from time to time. You may choose to create an account which will then require you to sign up for a subscription. We do not store your credit/debit card details and will not automatically renew your subscription.

Subscriptions are plans that let you create an unlimited number of Customs declarations. An annual subscription offers a saving compared to our standard rates and is great if you create a lot of declarations. The subscription fee is prepaid for the period selected. Payment will be required at the start of the billing period and at the start of each renewal period. In addition to the subscription fee, you will be billed on an as-quoted basis for each declaration that you create. If we bill you, then all fees will be due and payable upon receipt. We may suspend your access to the Service or cancel the Service if your account is past due over thirty (30) days. All payment obligations are non-cancellable, and all amounts paid are non-refundable.

If you upgrade or expand consumption of the Service (for example, to obtain additional features or functionality), additional fees may be due at the then-current pricing. If additional fees are due, those fees will be immediately due and will apply for the entire month in which the upgrade occurred.

Achvah reserves the right to change its price lists. We will notify you in advance, either through a posting on our website or by email to the address you have most recently provided to us if we increase fees or institute new charges or fees. Any increase in fees will take effect at the beginning of the next renewal subscription term. For example, if you pay annually, your use of the Service will be charged at the new price when the Service is renewed in the year that follows the notice.

In addition to any other rights Achvah may have, Achvah reserves the right to suspend or terminate your access to the Service if payment for fees is not paid to Achvah. If you or Achvah initiate the termination of this agreement, you will be obligated to pay the balance due on your account. You agree and acknowledge that Achvah has no obligation to retain your data and that such data may be irretrievably deleted if your account is thirty (30) days or more delinquent.

Limitation of Liability

Use of the Service is at your sole risk. Achvah will in no event be liable to you or any person or entity claiming through you for any special, direct, indirect, exemplary, consequential, incidental, or other damages under any theory of law for any errors in or the use of or inability to use the Service including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised Achvah of the possibility of such damages.

Indemnity

You agree to defend, indemnify, and hold harmless Achvah, its respective officers, directors, employees, agents, and representatives from all claims arising out of your breach of any of these Terms, and any of your activities conducted in connection with the Service.

Disclaimer of Warranty

Achvah provides the Service “as is” and “as available” without representations or warranties of any kind. Achvah disclaims any and all warranties, express or implied, by operation of law or otherwise, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or any implied warranties arising out of a course of performance, course of dealing, title and non-infringement, and your ability or inability to use the Service.

General Provisions

Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Cayman Islands. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Force Majeure

Neither party will be liable to the other for any delay or failure to perform its obligations under these Terms (excluding payment obligations) if the delay or failure arises from any cause beyond that party’s reasonable control.

Assignment

You may not assign these Terms or your rights and obligations under them, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Achvah may assign these Terms and all rights and/or obligations hereunder these Terms to a third party at any time without notice and for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger, or sale of substantially all our assets to another entity. You hereby consent to such assignment. In this regard, we may assign the rights and obligations under these Terms in connection with a sale of all or a substantial part of its business to which such rights and obligations pertain. You must continue making all required payments to us in accordance with your billing statement unless notified otherwise.

Entire Agreement

These Terms, including our fees specified, constitute the entire agreement between you and Achvah with respect to the Service and supersedes and replace any other prior or contemporaneous agreements, proposals, oral or written, all previous negotiations, or terms and conditions with respect to the Service. These Terms create no third-party beneficiary rights. Third-party terms and conditions may be applicable to the Service or parts thereof if such third-party services are used by you as a part of the Service. In such case, any third-party terms and conditions shall be solely applicable to such third-party services.

Independent Contractors

Nothing in this agreement shall be construed as creating a partnership, agency, joint venture, or any business collaboration between Achvah and you. Achvah is not acting as your representative or agent with respect to the Service. You agree that Achvah is providing these Services as an independent contractor. You may not make any commitments on behalf of Achvah.

Notification of Change

Achvah reserves the right to change these Terms or fees relating to the Service at any time, effective upon posting the change on our website. Should you not wish to continue the use of the Service under the updated agreement, you can terminate this agreement to end on the date on which the changes would take effect by informing Achvah of the termination before such date. You are responsible for regularly reviewing this agreement. By continuing to use the Service following such change, you consent to such change.

Severability

Achvah’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. This Agreement may not be changed or modified without the written consent of Achvah.