Terms of Service

Agreement and parties

These Terms of Service form a binding agreement between ATAHSKIA BUSINESS SOLUTIONS PRIVATE LIMITED (CIN U69200TS2026PTC212241), a private limited company incorporated in India ("ATAHSKIA", "we"), and the company or other legal entity that creates an account or signs an order form ("Customer", "you"). The person accepting these terms confirms they have authority to bind that entity.

If you and ATAHSKIA sign a separate master subscription agreement or order form, its terms control where they conflict with these. The Data Processing Addendum at /legal/dpa and the Regulatory Disclaimer at /legal/regulatory-disclaimer are incorporated by reference.

The service

ATAHSKIA provides software that audits detention, demurrage and per diem invoices issued by ocean common carriers (VOCCs and NVOCCs) and marine terminal operators against the minimum information in 46 CFR § 541.6 and the issuance timing in § 541.7, reconciles billed days against carrier and terminal milestones, generates dispute and relief-request packets, compiles charge complaint dossiers under 46 U.S.C. § 41310, and ranks billing parties in your book by compliance and responsiveness.

ATAHSKIA is audit and dispute-preparation software. We are not a law firm, we do not give legal advice, and we do not represent you before the Federal Maritime Commission, any court or any billing party. You decide whether to send a dispute or submit a complaint, and every submission is made under your authorization and direction.

Free retrospective audit and trial

The free 12-month retrospective D&D audit reviews invoices you supply and delivers a findings report, normally within 48 hours of receiving complete data. There is no fee for the audit and no obligation to subscribe. Findings older than the § 541.8 request window may not support a relief request but remain useful for carrier scorecards and contract negotiation.

The 14-day free production trial gives full platform access. At the end of the trial your account converts to the plan you selected only if you have confirmed a payment method; otherwise access pauses and your data is held for 30 days.

Fees, success fees and the break-even guarantee

Platform fees are billed monthly in advance in US dollars. Success fees apply on plans that include them (18% on Recovery Starter, 12% on Enterprise BCO; 0% on High-Volume Fleet) and are calculated on amounts a billing party credits, refunds or waives as a result of a dispute or complaint prepared on the platform, as confirmed by a credit note, revised invoice, refund or written waiver. Success fees are invoiced monthly in arrears.

Break-even guarantee: if validated disputes in a calendar month do not reach three times your monthly platform fee, the following month's platform fee is waived. A dispute is validated when the platform has confirmed at least one Part 541 or milestone finding and the packet has been sent to the billing party. The guarantee requires that you upload all D&D invoices received during the month within 10 days of receipt.

• Prices exclude taxes; you are responsible for applicable sales, use, GST or withholding taxes other than taxes on our income.
• Undisputed invoices unpaid 30 days after the due date may result in suspension after 10 days' written notice.
• Annual commitments may be billed annually at the rates on your order form.

Your responsibilities

You are responsible for the accuracy and completeness of the invoices, contracts, tariffs and milestone data you upload or connect, for reviewing every dispute packet and complaint dossier before it is sent, and for meeting deadlines that depend on your own action. Platform deadline alerts are a tool, not a guarantee that a billing party or the FMC will treat a submission as timely.

You will keep credentials confidential, enable MFA or SSO for all users with write access, and notify security@atahskia.si promptly of any suspected unauthorised access.

Acceptable use

You may use the platform only for your own D&D audit and dispute work or, on the NVOCC / Forwarder plan, for the shippers on whose behalf you are the billed or billing party.

• Do not upload data you have no right to share, or submit disputes you know to be unfounded.
• Do not probe, scan or test the security of the service without written permission from security@atahskia.si.
• Do not reverse engineer, resell, or build a competing product from the platform or its rule library.
• Do not use the platform to send unsolicited messages or impersonate another party.

Data ownership and confidentiality

You own your customer content, including invoices, evidence files, dispute correspondence and results. You grant us a limited licence to process it solely to provide and support the service. We do not share, resell or use your invoices or trade data to train models for any other customer. We may use aggregated, de-identified platform metrics (such as overall Part 541 failure rates) that cannot identify you, your shippers or your carriers.

Each party will protect the other's confidential information with at least reasonable care and use it only to perform this agreement.

Warranties and disclaimers

We warrant that the platform will perform materially as described in its documentation and that we will maintain the security controls described at /security. Your exclusive remedy for breach of this warranty is correction of the nonconformity or, if we cannot correct it within 30 days, termination and a refund of prepaid fees for the remaining term.

Outcomes depend on billing parties, evidence and regulators outside our control. We do not warrant that any dispute will succeed, that any amount will be recovered, or that the FMC will accept or rule on any complaint. Except as stated in this section, the service is provided without other warranties, express or implied.

Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue, even if advised of the possibility. Each party's total liability arising from this agreement is limited to the fees paid or payable by Customer in the 12 months before the event giving rise to the claim.

These limits do not apply to a party's indemnification obligations, breach of confidentiality, Customer's payment obligations, or liability that cannot be limited by law.

Term, termination and governing law

Monthly subscriptions renew automatically until cancelled from the billing page or by notice to support@atahskia.si before the next billing date. Either party may terminate for material breach not cured within 30 days of written notice. Success fees on recoveries from disputes sent before termination remain payable when the recovery is confirmed.

This agreement is governed by the laws of India, without regard to conflict of law rules, and the courts at Hyderabad, Telangana have exclusive jurisdiction. Notices to ATAHSKIA go to legal@atahskia.si with a copy by post to our Hyderabad headquarters.