Terms of Service

1. Parties & acceptance

These Terms of Service (the “Terms”) form a legally binding agreement between EmberStack LLC, a New Jersey limited liability company (“EmberStack,” “we,” “us”), and you, the individual or entity accessing or using the TariffRadar service (the “Service”).

By creating an account, accessing the Service, or paying for a subscription, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company, and references to “you” mean that company.

If you do not agree to these Terms, do not use the Service.

2. The service

TariffRadar is a web application that helps US-based importers and manufacturers analyze their bill-of-materials (BOM) tariff exposure, model pricing scenarios, and monitor publicly published US trade-policy changes that may affect their materials. The Service is informational and analytical in nature.

The Service is not legal, customs, tax, or financial advice. See our Disclaimer for a full statement of what the Service is and is not.

3. Your account

You must register an account to use the Service. You agree to:

• Provide accurate, current, and complete information at registration and keep it current;
• Keep your password confidential and not share your account with others;
• Notify us promptly of any unauthorized access to your account; and
• Be responsible for all activity that occurs under your account.

You must be at least 18 years old to use the Service. The Service is intended for business use; we do not knowingly provide it to consumers or to children.

4. Subscription, billing & refunds

The Service is offered on a recurring monthly subscription. Current pricing is published on our website at tariffradar.app.

Billing. Your subscription auto-renews each month at the then-current rate. We use Stripe, Inc. as our payment processor. By subscribing, you authorize us (through Stripe) to charge your payment method on file at the start of each billing period. Stripe’s processing of your payment information is governed by Stripe’s privacy policy and terms.

Cancellation. You may cancel your subscription at any time from your account settings or by emailing [email protected]. Cancellation stops the next renewal; you retain access through the end of the current billing period.

Refunds. Subscription fees are non-refundable except where required by applicable law. If you believe you have been billed in error, contact us within 30 days and we will work with you in good faith to resolve the issue.

Price changes. We may change pricing for future billing periods. We will give you at least 30 days’ notice by email before any price change takes effect, and you may cancel before the new price applies.

5. Acceptable use

You agree not to:

• Reverse engineer, decompile, or attempt to extract source code from the Service except as permitted by law;
• Scrape, crawl, or use automated means to access the Service in volumes that exceed normal personal use;
• Use the Service to compete with EmberStack or to build a competing product;
• Resell, sublicense, or otherwise commercialize the Service or its output without our written permission;
• Upload content that is unlawful, infringing, or that you do not have rights to upload;
• Probe, scan, or test the security of the Service, or attempt to circumvent any access controls; or
• Use the Service to violate US export controls (EAR, ITAR, OFAC sanctions) or to facilitate any other unlawful activity.

We may suspend or terminate accounts that violate these rules, with or without notice.

6. Your data & ownership

You own your data. The bill-of-materials data, supplier records, and other content you upload to the Service (“Customer Data”) remain your property. We do not claim any ownership of Customer Data.

License to operate the Service. You grant us a non-exclusive, worldwide, royalty-free license to use Customer Data solely to provide and improve the Service for you, to comply with law, and to enforce these Terms. We do not sell Customer Data and we do not use Customer Data to train AI models.

Aggregated, de-identified statistics. We may compile aggregated, de-identified statistics from usage of the Service (for example, “our users on average track N items”) and use those statistics to improve and market the Service. Aggregated statistics never identify you or any specific user.

Data deletion. You may export or delete your Customer Data at any time. On account cancellation, we delete Customer Data within 30 days, except where retention is required by law (e.g., billing records).

7. Our intellectual property

The Service, including its software, design, content, branding, and rate-table compilations, is owned by EmberStack LLC and is protected by copyright, trademark, and other US laws. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during the term of your subscription.

“TariffRadar” and the TariffRadar logo are trademarks of EmberStack LLC.

8. Disclaimer of warranties

The Service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or accurate.

Specifically, we do not warrant:

• That the tariff rates, alert texts, calendar dates, or any other information displayed in the Service are current, accurate, or applicable to your specific situation. US trade policy changes rapidly; the published rate at the time of your customs entry is what governs your duty liability, not what the Service displays.
• That heuristic outputs (vendor risk grades, supplier scorecards, drawback eligibility estimates, switch-cost analyses, scenario projections, or any other derived analytics) are correct or sufficient for any decision you make based on them.
• That the Service constitutes legal, customs, tax, or financial advice. It does not. See our Disclaimer.

9. Limitation of liability

To the maximum extent permitted by law:

• EmberStack LLC’s total cumulative liability to you for any and all claims arising out of or related to the Service or these Terms is limited to the amount you have paid to EmberStack LLC in the twelve (12) months immediately preceding the event giving rise to the claim.
• Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

These limitations apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and EmberStack LLC. The Service is priced on the assumption that these limits apply; without them, the Service could not be offered at the listed price.

Carve-outs. The limitations in this Section 9 do not apply to:

• EmberStack LLC’s gross negligence, fraud, or willful misconduct;
• Either party’s indemnification obligations under Section 10;
• Either party’s breach of confidentiality obligations;
• Liability that cannot be excluded or limited under applicable law (including, where applicable, certain consumer-protection statutes).

For all other claims, including without limitation any claim arising from a tariff rate displayed in the Service that differs from the rate ultimately assessed by U.S. Customs and Border Protection at the time of entry, the cap above is the exclusive financial remedy.

Independent verification expected. The Service is a planning tool. You acknowledge and agree that you are responsible for independently verifying any tariff rate, HS classification, alert text, drawback estimate, or other output before relying on it for a business decision. Convenient verification links to the official US source (e.g., the U.S. International Trade Commission HTS Search at hts.usitc.gov) are provided in the Service alongside displayed rates; you agree to use them. Failure to independently verify before acting on Service output is a factor in apportioning responsibility for any resulting loss.

10. Indemnification

You will indemnify and hold harmless EmberStack LLC and its officers, employees, and contractors from any third-party claim, damage, loss, or expense (including reasonable attorneys’ fees) arising from: (a) your use of the Service in breach of these Terms; (b) your violation of any law or third-party right; (c) Customer Data you upload to the Service; or (d) your customs entries, business decisions, or commercial commitments made in reliance on output from the Service.

11. Termination

By you. You may terminate your subscription at any time as described in Section 4.

By us. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees when due, or use the Service in a manner that creates legal or operational risk for EmberStack LLC. We may also discontinue the Service entirely on at least 30 days’ notice, in which case we will refund the unused, prepaid portion of your subscription.

Sections that by their nature should survive termination (including ownership, disclaimer of warranties, limitation of liability, indemnification, governing law, and general provisions) survive termination.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect, and we may require you to re-accept the updated Terms at next sign-in before continuing to use the Service. Your continued use after the effective date (or your re-acceptance, if prompted) constitutes acceptance of the updated Terms. If you do not agree to a material change, your remedy is to cancel your subscription before the change takes effect or before re-accepting.

For the avoidance of doubt, “material changes” include changes to: the Limitation of liability, the Disclaimer of warranties, the Governing law and venue, the Subprocessors list in the Privacy Policy, or the categories of personal data we collect.

13. Governing law & venue

These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.

This is a business-to-business service, and you waive any right to a class action or class-arbitration proceeding against EmberStack LLC.

13.1 Notice and opportunity to cure. Before initiating any legal action arising from this Service, you agree to first notify EmberStack LLC in writing at [email protected] describing the alleged breach or grievance with reasonable specificity, and to allow EmberStack LLC at least thirty (30) days to investigate, respond, and cure or resolve the issue before filing suit. This requirement is intended to give both parties an opportunity to resolve disputes informally and is a condition precedent to litigation.

13.2 Prevailing-party fees. In any dispute arising from these Terms or the Service, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party, in addition to any other relief awarded.

13.3 Force majeure and regulatory change. EmberStack LLC is not liable for any delay, failure, or output discrepancy resulting from causes beyond its reasonable control, including without limitation: regulatory action, court ruling, or government clarification that retroactively changes the applicable tariff treatment; changes to underlying US government data sources; outages of third-party providers (Cloudflare, Firebase, Stripe, Resend, USITC, Federal Register, USTR, CBP); acts of God; war; civil unrest; labor disputes; or pandemic. The displayed rate at any moment in the Service reflects EmberStack LLC’s reasonable interpretation of the most-recently-published US government source available at that moment; subsequent regulatory or judicial changes are not the basis for a claim against EmberStack LLC.

14. General

Entire agreement. These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and EmberStack LLC regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all our assets.

Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including acts of god, war, terrorism, government action, internet or hosting provider failures, or labor disputes.

Independent contractors. The relationship between the parties is that of independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.

15. Contact

EmberStack LLC
A New Jersey limited liability company
Contact: [email protected]