Terms of Service
These Terms of Service ("Terms") are a binding agreement between eFile CPSC ("we", "us") and you and the company you represent ("you", "Customer"). They govern your use of the eFile CPSC website and service (the "Service"). By creating an account, accepting an invitation, or using the Service, you agree to these Terms and represent that you have authority to bind your company. If you do not agree, do not use the Service.
1. The Service
eFile CPSC reads lab test reports you upload, helps prepare Children's Product Certificates (CPCs), files them to the U.S. Consumer Product Safety Commission's eFiling system using API credentials your company provides, and can transmit filed-certificate reference data to the customs broker you designate. The Service is a workflow tool — filings and transmissions are made at your direction and under your company's CPSC account. We act solely as your service provider; we do not certify products, and we are not the importer of record, certifier, or filer of record for any product.
2. Eligibility and business use
The Service is offered solely for business use by companies subject to CPSC certification requirements and their authorized personnel. You must be at least 18 years old. The Service is not offered to consumers, and consumer-protection rights that apply only to consumer transactions do not apply to it.
3. Your responsibilities
- Review before filing. Data extracted from your documents is provided for your review and may contain errors. You are solely responsible for reviewing and approving everything before it is filed, and for the accuracy, completeness, and lawfulness of everything filed under your CPSC account. Filing without review is at your own risk and is a breach of these Terms.
- You confirm you are authorized to use the CPSC credentials you connect, to designate any customs broker recipient, and to act for the company you represent.
- You are responsible for the conduct of every user on your company's account and for keeping passwords, two-factor devices, and backup codes secure. Notify us promptly of any suspected unauthorized access.
- You will not misuse the Service, attempt to access another company's data, reverse engineer, scrape, resell, or sublicense the Service, probe or disrupt its security, upload malicious code, or use it for unlawful purposes.
- You are responsible for maintaining your own copies of source documents. The Service is not a system of record or an archival/backup service.
4. Not legal or compliance advice
The Service does not provide legal, regulatory, or compliance advice, and no output of the Service (including extracted data, suggested citations, or filing status) is advice or a guarantee of compliance. Determining which products require certification, which rules and citations apply, whether testing is sufficient, and whether a filing satisfies your legal obligations remains solely your responsibility. eFile CPSC is an independent service and is not affiliated with, endorsed by, or acting on behalf of the CPSC, U.S. Customs and Border Protection, or any government agency.
5. Your data; license to us
You retain all rights to the data you put into the Service ("Customer Data"). You grant us a limited, non-exclusive license to host, process, and transmit Customer Data solely to provide the Service as described in our Privacy Policy and at your direction. You represent that you have all rights necessary to upload Customer Data. Your CPSC credentials are encrypted at rest and used only for your company's filings.
6. Our intellectual property
We own the Service, including its software, design, parsing logic, and documentation. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your company's internal business purposes during your subscription. No other rights are granted. Feedback you provide may be used by us without restriction or obligation.
7. Availability and beta features
We work to keep the Service available and accurate, but downtime, maintenance, and errors can occur. Unless your company has a signed agreement with an express uptime commitment (SLA), no uptime commitment applies. Parts of the Service may be designated beta, which are provided without any commitment. Filing outcomes also depend on CPSC's systems, broker systems, email providers, and other third parties outside our control; we are not responsible for their availability, errors, or changes. See our Security & Trust page for how the Service is protected.
8. Fees
If your use of the Service is subject to fees, they will be set out in a separate agreement or order form with your company. Except as stated there, fees are non-refundable. We will give at least 30 days' notice before any price change, which takes effect at your next renewal. We may suspend access for non-payment after notice.
9. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT EXTRACTED DATA WILL BE ACCURATE OR COMPLETE, OR THAT ANY FILING WILL BE ACCEPTED BY THE CPSC OR SATISFY YOUR LEGAL OBLIGATIONS.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA; (b) WE WILL NOT BE LIABLE FOR GOVERNMENT FINES, PENALTIES, OR ENFORCEMENT ACTIONS, REJECTED OR LATE FILINGS, CUSTOMS DELAYS, DETAINED OR REFUSED SHIPMENTS, PRODUCT RECALLS, OR ANY COMPLIANCE OUTCOME, ALL OF WHICH REMAIN YOUR SOLE RESPONSIBILITY; AND (c) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOUR COMPANY PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE FIRST CLAIM AROSE (OR $100 IF YOU HAVE PAID NOTHING). THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY CLAIM MUST BE BROUGHT WITHIN ONE YEAR AFTER IT ARISES.
11. Indemnification
You will defend, indemnify, and hold harmless eFile CPSC and its owners, employees, and agents from and against any claims, fines, penalties, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data or the products it concerns; (b) filings made under your CPSC account; (c) your breach of these Terms or violation of law; or (d) your designation of a customs broker or other recipient of your data.
12. Termination
You may stop using the Service at any time and request deletion of your company's data. For non-material breaches that can be cured, we will give you notice and a reasonable opportunity (at least 10 days) to cure before suspending or terminating. We may suspend or terminate access immediately for material breach of these Terms, suspected unauthorized use or a security threat, non-payment after notice, or where necessary to protect the Service or other customers, and otherwise on reasonable notice. Sections 4–6 and 9–15 survive termination.
13. Governing law; arbitration; class-action waiver
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service that the parties cannot resolve informally will be finally resolved by binding arbitration in Florida administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, with judgment on the award enforceable in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in the state or federal courts located in Florida for misuse of the Service, infringement of intellectual property, or breach of confidentiality. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING — AND EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
14. Force majeure
We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of government, CPSC or third-party system outages, internet or infrastructure failures, labor disputes, and natural disasters.
15. General
These Terms, together with our Privacy Policy and any signed order form (which controls if it conflicts), are the entire agreement between us regarding the Service. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Notices to us must be sent via the contact page; notices to you may be sent to your account email.
16. Changes
We may update these Terms from time to time. If we make material changes, we will update this page and the date above; continued use of the Service after changes take effect constitutes acceptance.
Contact
Questions about these Terms? Contact us.