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Terms and Conditions

Last updated: Effective as of the date posted in our documentation. ExChek, Inc. (“ExChek,” “we,” “us,” “our”) is a Delaware corporation with a principal place of business in Dover, DE.

These Terms and Conditions (“Terms”) govern your access to and use of the ExChek skill, application programming interface (“API”), documentation, websites, and any related services (collectively, the “Service”). Use of the Service and of any repository materials (e.g., skills, templates) is also subject to the repository LICENSE (ExChek, Inc. Proprietary—see the LICENSE file in the exchekskills or exchekinc repository). By accessing or using the Service, you (“you,” “User”) agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Definitions

  • “Agent” means any AI assistant, chatbot, or automated system you use to interact with or invoke the ExChek skill or API, including but not limited to Anthropic Claude (Claude Code, Claude desktop, Claude web, Claude CoWork), OpenAI ChatGPT, or any other third-party AI or agent platform.
  • ”Skill” means any of the ExChek skills (currently twenty, including classification, license determination, jurisdiction, CSL screening, country risk, red-flag assessment, deemed export, encryption, recordkeeping, ECP generation, partner compliance, risk triage, compliance report, audit lookback, export documentation, Word document generation, and the engine-shell skills onboarding, analytics, orchestration, and setup) consisting of instructions, prompts, templates, and references that may be installed or used within an Agent to perform export compliance assistance.
  • ”API” means the ExChek application programming interface made available at api.exchek.us or related URLs, including all endpoints serving regulatory data for the supported CFR parts (the current list is published at api.exchek.us/api/ecfr/meta), as well as search and meta endpoints.
  • ”Materials” means all skill definitions, prompt text, templates, report formats, regulatory mappings, API specifications, documentation, and any other content provided as part of or in connection with the Service.
  • ”Output” means any classification, report, recommendation, or other content generated by or with the assistance of the Service, including content produced by an Agent using the Skill or API.

2. Acceptance and Incorporation

By using the Service—whether directly or through any Agent (e.g., Claude, ChatGPT, or another platform)—you agree to these Terms. You also acknowledge that you have read and agree to our Use of AI Disclaimer and Privacy Policy, which are incorporated by reference. If you do not agree, you must not use the Service or permit any Agent to use it on your behalf.

3. Use Through Multiple Agents and Platforms

The Service may be used in conjunction with various Agents and platforms, including Anthropic Claude (Claude Code, Claude desktop, Claude web, Claude CoWork), OpenAI ChatGPT, or other AI or agent environments. ExChek does not control and is not responsible for the availability, performance, or terms of those third-party platforms. Your use of the Service through any Agent is subject to both these Terms and the terms and policies of the platform or provider of that Agent. You are responsible for ensuring that your use of the Service via any Agent complies with applicable law and with the policies of the platform you use.

4. Description of the Service

The Service provides (a) the ExChek Skills (currently twenty) that instruct an Agent how to obtain regulatory data across the supported CFR parts (the current list is published at api.exchek.us/api/ecfr/meta), apply order-of-review logic, perform screening, license determination, jurisdiction analysis, and produce draft compliance memoranda and reports; (b) an API that serves regulatory snapshot data, search, and meta endpoints; and (c) documentation. The Service is offered in free and paid tiers. The free tier provides core compliance assistance; paid tiers (including enterprise) provide additional features, higher rate limits, and priority support. Tier availability and pricing are described separately in our documentation. The Service is for informational and assistive purposes only and does not constitute legal, compliance, or regulatory advice.

5. Eligibility and Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to violate any law, infringe any third-party rights, or transmit harmful or unlawful content. You may not attempt to gain unauthorized access to the Service, other users’ data, or any system or network. You are solely responsible for the inputs you (or your Agent) provide and for all decisions and actions you take based on any Output.

Without limiting the foregoing, you shall not:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of any Skill, API, or Materials for the purpose of building a competing product or service or reconstructing ExChek's non-public logic (including by analyzing API request/response patterns to reconstruct non-public backend logic). Nothing in this bullet restricts good-faith development, debugging, testing, documentation, or monitoring of your own integration with the Service;
  • Scrape, crawl, mirror, or systematically bulk download the Service or Materials, or build a bulk copy or competing dataset, beyond what is necessary for ordinary permitted use (storing or retaining your own Outputs and records is permitted — see Sections 7 and 8);
  • Circumvent, bypass, or attempt to circumvent rate limits, authentication mechanisms, or payment mechanisms;
  • Conduct any DDoS attack, penetration testing, vulnerability scanning, injection attack, cross-site scripting (XSS), cross-site request forgery (CSRF), brute-force attack, or any other security testing against the Service without prior written authorization from ExChek;
  • Deploy agentic systems, bot loops, or automated processes in a manner that is abusive or excessive, that exceeds published rate limits, that circumvents intended use, or that builds derivative datasets or competing services. Bona fide agent-native and automated use within published rate limits is expressly permitted;
  • Access paid features, tiers, or functionality without a valid subscription or payment.

6. License and Restrictions

Subject to these Terms, ExChek grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business use in connection with export compliance assistance. This expressly includes (a) service use — using the Service to provide export-compliance assistance to your own clients or customers (for example, as a customs broker, freight forwarder, consultant, or compliance service provider), including running the Skills and API on their behalf; (b) authorized integration — distributing a product, agent, or service that installs and invokes the free community ExChek engine from ExChek's public repository, provided you prominently and accurately attribute ExChek (e.g., "Powered by the ExChek compliance engine"), do not white-label or rebrand, do not remove ExChek branding or notices, and do not Compete with ExChek; and (c) agent-native and automated use within published rate limits. You may not:

  • Resell, sublicense, or transfer the license itself to a third party, or commercially exploit the Service or any Output in a manner that suggests ExChek endorses or is responsible for your determinations;
  • Remove or alter any proprietary notices;
  • Use the Service, Materials, or any Output to build a product or service that Competes with ExChek. For purposes of these Terms, "Competes" means any product, service, or offering that provides export compliance classification, screening, license determination, or regulatory data retrieval substantially similar to ExChek. For the avoidance of doubt, an attribution-preserving authorized integration or service use described above does not, by itself, Compete;
  • White-label, rebrand, or present the Service, Materials, or any Output as your own product or the product of any third party;
  • Bundle, embed, or integrate the Service or Materials into any third-party product, platform, or offering distributed to third parties, except as permitted by the authorized-integration and service-use rights above or with ExChek's prior written consent;
  • Use the API in a manner that exceeds reasonable request volume or disrupts the Service.

7. API Terms of Use

The following additional terms apply to your use of the ExChek API:

  • Rate limits are set at ExChek's sole discretion and may be changed at any time without notice.
  • API access is provided for your internal compliance use only. You may not resell, proxy, or otherwise make API access available to third parties.
  • You must respect all HTTP status codes and rate-limit headers returned by the API. Automated retry logic must implement exponential backoff.
  • ExChek may suspend or terminate your API access at any time, for any reason, with or without notice.
  • You may not redistribute or resell API responses in bulk to third parties. You may cache responses consistent with Cache-Control headers, and you may store and retain Outputs and API responses within your own systems and compliance records — including as necessary to satisfy legal recordkeeping obligations such as the five-year retention required under 15 CFR § 762.6(a). ExChek does not claim ownership of the underlying U.S. Government regulatory text contained in API responses (see Section 8);
  • ExChek may introduce or modify authentication requirements, including API keys, at any time. You must comply with any such requirements promptly.

8. Intellectual Property and Trade Secrets

The Service builds upon U.S. Government regulatory texts — including the Code of Federal Regulations and eCFR, the Commerce Control List, the U.S. Munitions List, and the Consolidated Screening List. Such U.S. Government works are in the public domain (17 U.S.C. § 105), and ExChek claims no ownership of, and asserts no proprietary right in, that underlying government text. ExChek's proprietary rights extend to its own original contributions — its selection, arrangement, formatting, annotations, regulatory mappings, skill logic, prompts, workflow design, report templates, software, and API implementation.

The Materials include both (i) components ExChek has published in its public repository, which are licensed under and protected by copyright and these Terms; and (ii) non-public trade secrets and proprietary information of ExChek, Inc. — including its non-public backend and API architecture, server-side data-processing methods, and unpublished mappings, prompts, and workflow design. ExChek asserts trade-secret protection over its non-public information; published components are licensed, not secret. You acknowledge that unauthorized use, disclosure, reproduction, or distribution of ExChek's non-public trade secrets, or breach of these Terms, would cause irreparable harm to ExChek for which monetary damages would be an inadequate remedy. In the event of any breach or threatened breach of this Section, ExChek shall be entitled to seek injunctive relief (including temporary restraining orders, preliminary injunctions, and permanent injunctions) without the requirement of posting a bond or other security, in addition to all other remedies available at law or in equity.

9. Security and Responsible Disclosure

You may not conduct any unauthorized security testing against the Service, including but not limited to penetration testing, vulnerability scanning, or any form of security assessment, without ExChek's prior written authorization. If you discover a potential security vulnerability, you must report it promptly and confidentially to matt@exchek.us. ExChek reserves all legal remedies, including but not limited to claims under the Computer Fraud and Abuse Act (18 U.S.C. 1030), for any unauthorized security testing.

10. No Professional Advice

The Service and any Output are not a substitute for legal advice, compliance advice, or formal regulatory determinations. Export control classification can have significant legal and regulatory consequences. You are responsible for obtaining advice from qualified counsel or a qualified export compliance professional when appropriate. ExChek does not guarantee the accuracy, completeness, timeliness, or suitability of any Output for your specific situation, jurisdiction, or transaction. Reliance on any Output is at your sole risk.

11. Disclaimers

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EXCHEK DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCHEK DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, OR ERROR-FREE. USE OF THE SERVICE THROUGH ANY AGENT (INCLUDING CLAUDE, CHATGPT, OR OTHERS) IS AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCHEK, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, YOUR USE OF ANY AGENT IN CONNECTION WITH THE SERVICE, OR ANY OUTPUT. IN NO EVENT SHALL EXCHEK’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EXCHEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ALL RISK OF USE.

13. Indemnification

You agree to indemnify, defend, and hold harmless ExChek, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to (a) your use of the Service or any Agent in connection with the Service, (b) your reliance on any Output, (c) your violation of these Terms or any law, (d) any dispute between you and a third party (including a platform provider) relating to the Service or an Agent, (e) any agentic systems, bots, or automated processes deployed by you or on your behalf that interact with the Service, or (f) any unauthorized access to the Service facilitated by you, your systems, or your credentials.

14. Enforcement and Monitoring

ExChek may monitor API usage and access patterns to verify compliance with these Terms. ExChek employs automated detection of abusive patterns, including but not limited to excessive request volume, scraping behavior, and unauthorized access attempts. ExChek may suspend or terminate access without prior notice upon detection of any violation of these Terms or any activity that ExChek reasonably believes may compromise the integrity, security, or availability of the Service.

15. Termination

ExChek may suspend or terminate your access to the Service without cause on thirty (30) days' notice. Notwithstanding the foregoing, ExChek may suspend or terminate access immediately, and without prior notice, upon any violation of these Terms or where immediate action is reasonably necessary to address security, legal, abuse, or infringement concerns. Upon termination, your right to use the Service ceases, and you must promptly cease use of and delete all copies of the Materials in your possession or control. You may, however, retain your own Outputs and any records (including API responses reflecting the regulatory basis of your compliance decisions) that you are required to retain by law or that you maintain in your own compliance records — see Sections 7 and 8. Upon ExChek's request, you shall certify in writing that deletion of the Materials has been completed. Sections 6 (License and Restrictions), 7 (API Terms of Use), 8 (Intellectual Property and Trade Secrets), 9 (Security and Responsible Disclosure), 10 (No Professional Advice), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Enforcement and Monitoring), 16 (Governing Law and Dispute Resolution), and 18 (General) shall survive any termination or expiration of these Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

17. Changes to the Terms

We may update these Terms from time to time. The current version will be posted in our documentation with an effective or “last updated” date. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to updated Terms, you must stop using the Service.

18. General

These Terms, together with the Use of AI Disclaimer and Privacy Policy, constitute the entire agreement between you and ExChek regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. ExChek’s failure to enforce any right or provision at any time shall not constitute a waiver of that right or provision or of any other right or provision. You may not assign or transfer these Terms or any rights or obligations hereunder without ExChek’s prior written consent; any attempted assignment without such consent shall be void. Section headings are for convenience only and shall not affect the interpretation of these Terms.

19. Contact

ExChek, Inc., Dover, DE. Questions about these Terms: matt@exchek.us.

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