Terms of Service
Effective Date: July 9, 2025
1. Acceptance of Terms
Welcome to BorderFlow! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BorderFlow, LLC ("BorderFlow," "Company," "we," "us," or "our"), a Florida limited liability company located at 66 W Flagler St, #929, Miami, FL, 33130.
These Terms govern your use of BorderFlow's shipping and logistics platform, website (borderflow.io), mobile applications, and all related services (collectively, the "Services").
BY ACCESSING, USING, OR REGISTERING FOR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.
2. Authority and Organization Representation
By using our Services, you represent and warrant that:
- You are at least 18 years old and have the legal capacity to enter into this agreement
- If you are registering on behalf of an organization or company, you have the full legal authority to bind that organization to these Terms
- You are authorized to act on behalf of the company or organization you registered as the "Organization" in your account
- All information you provide is accurate, current, and complete
- Your use of the Services complies with all applicable laws and regulations
3. User Responsibilities and Data Liability
3.1 Data Responsibility
You are solely responsible for all data entered into our system, including but not limited to:
- Shipping addresses, recipient information, and contact details
- Product descriptions, weights, dimensions, and declared values
- Customs documentation and declarations
- Payment information and billing details
- Any automations, preferences, or configurations you set up
- Any data generated through our automated suggestions or system recommendations
3.2 System Suggestions and Automations
While our system may provide automated suggestions, rate calculations, or shipping recommendations, you acknowledge and agree that:
- You remain fully responsible for reviewing and verifying all suggestions before accepting them
- Our automated features are provided as conveniences only and do not guarantee accuracy
- You must independently verify all shipping information, customs declarations, and compliance requirements
- BorderFlow is not liable for errors, omissions, or consequences resulting from automated suggestions or user configurations
4. Financial Responsibility and Charges
4.1 User's Financial Liability
You are responsible for all charges, fees, duties, taxes, and penalties that arise from your use of our Services or the shipping of your packages, including but not limited to:
- Shipping costs and carrier fees
- Customs duties, taxes, and government-imposed fees
- Additional charges for incorrect weight, dimensions, or package contents
- Storage fees, return fees, and handling charges
- Penalties imposed by customs authorities or carriers
- Currency conversion fees and international transaction fees
- Any additional costs resulting from regulatory non-compliance
4.2 Rate Estimates and Additional Charges
You understand and acknowledge that:
- All rates, fees, duties, and taxes shown in our system are estimates only and subject to change without notice
- Final charges may differ from initial estimates due to various factors including dimensional weight adjustments, customs inspections, or carrier surcharges
- You may receive additional invoices after shipment for charges not included in the original payment
- Additional charges can include fees imposed by carriers, government agencies, or third-party service providers
- BorderFlow cannot predict or control all potential additional charges
4.3 Subscription Plan Payment Requirements
Credit Card Required: A valid credit card on file is required for all subscription plans except our free plan. By subscribing to any paid plan, you agree that:
- You must maintain a valid payment method (credit card or other approved payment method) on file
- Subscription fees will be automatically charged to your default payment method
- If your payment method fails, you must update it promptly to maintain service
- Service may be suspended if payment cannot be processed after reasonable attempts
4.4 Additional Charges and Account Deduction Authorization
Automatic Charge Authorization: By using our Services, you acknowledge and expressly authorize BorderFlow to charge any discrepancies or additional amounts due to your account. This authorization includes:
- Types of additional charges: shipping charges, weight and size adjustments, extra fees, import duties, taxes, customs charges, carrier surcharges, and any other costs related to your shipments
- Carrier-reported adjustments: When carriers inform us of additional charges due to discrepancies between your provided shipment information (weight, size, contents, etc.) and actual shipment characteristics, we will automatically process these charges
- Payment method priority: We will first attempt to deduct additional charges from your available account funds. If your account balance is insufficient, we will automatically charge your default credit card on file
- Auto-reload system: If you have enabled auto-reload and your account balance falls below your specified threshold, we will automatically charge your default payment method to reload your account. Auto-reload charges include the standard processing fee (2.9% + $0.30) as they are new funds being added to your account
- No prior notice required: BorderFlow may process these charges without providing advance notice, though we will notify you after charges are processed
- Immediate authorization: By using the Services, you provide ongoing authorization for these charges and waive any requirement for individual transaction approval
This authorization remains in effect for the duration of your use of our Services and for any outstanding obligations that may arise after termination of your account.
Duties and Taxes Rebilling
Import duties and taxes are calculated estimates based on the information you provide. When actual duties and taxes assessed by customs authorities exceed our original calculations, you authorize us to automatically charge the difference to your account using the same payment priority system described above (account funds first, then default payment method).
Processing Fees on Additional Charges
Processing fees apply only to new funds collected via credit card. When we process additional charges (carrier adjustments, duties/taxes rebilling, etc.):
- Wallet funds are used first - No additional processing fees apply to funds deducted from your wallet balance, as processing fees were already paid when those funds were originally added
- Credit card charges include processing fees - Any remaining amount charged to your credit card will include the standard processing fee (2.9% + $0.30)
- Example: If you owe $20 in additional charges and have $5 in your wallet, we will deduct $5 from your wallet (no fees) and charge $15.75 to your credit card ($15 adjustment + $0.75 processing fee)
Auto-Reload Processing Fees
Auto-reload transactions always include processing fees. When your wallet balance falls below your configured threshold and triggers an auto-reload:
- The total charge to your credit card will be your reload amount plus the processing fee (2.9% + $0.30)
- Example: A $100 auto-reload will charge $103.20 to your card ($100 + $3.20 processing fee)
- Only the net amount ($100) will be credited to your wallet
4.5 Payment Processing with Stripe
Third-Party Payment Processor: BorderFlow uses Stripe, Inc. to securely process all credit card, debit card, and ACH transactions. We never store your full card details on our servers—those are handled and encrypted by Stripe under PCI Level-1 compliance.
Stripe Processing Fees: The following fees are charged by Stripe and will be added to your transaction amounts:
| Payment Method | Fee |
|---|---|
| US Domestic credit & debit cards | 2.9% + $0.30 per successful transaction |
| Keyed-in (manual) card entry | + 0.5% (i.e. 3.4% + $0.30) for MOTO/terminal transactions |
| International cards | + 1.5% surcharge (on top of the domestic rate) when the card is issued outside the U.S. |
| Currency conversion | + 1% surcharge when you charge in a currency different from the card's billing currency |
| ACH Direct Debit (US bank debit) | 0.8% per transaction, capped at $5.00 |
| Buy-Now-Pay-Later (e.g. Klarna "Pay in 4") | 5.99% + $0.30 per successful transaction (U.S. & Canada) |
These fees are set by Stripe and may be updated from time to time. For the most current fee information, please visit Stripe's pricing page.
4.6 Subscription Changes and Proration
Subscription Plan Changes: You may upgrade or downgrade your subscription plan at any time through your account dashboard. When you make changes to your subscription plan, the following proration policies apply:
Plan Upgrades
Immediate Effect with Proration: When you upgrade to a higher-tier subscription plan:
- The upgrade takes effect immediately upon confirmation
- You will be charged a prorated amount for the upgraded plan covering the remainder of your current billing period
- The prorated charge is calculated based on the price difference between your current plan and the new plan, multiplied by the remaining days in your billing cycle
- Your next regular billing date remains the same, and subsequent charges will be at the new plan rate
- Any increased usage limits or features become available immediately
Plan Downgrades
End-of-Period Effect with No Proration: When you downgrade to a lower-tier subscription plan:
- The downgrade will take effect at the end of your current billing period
- You will continue to have access to your current plan's features and limits until the end of the billing period
- No refund or credit will be issued for the difference in plan prices
- Starting with your next billing cycle, you will be charged at the new lower rate
- Any reduced usage limits will be enforced beginning with the new billing period
Free Plan Changes
Cancellation to Free Plan: If you cancel your paid subscription or switch to our free plan:
- The change takes effect immediately
- A prorated refund may be issued to your account balance for the unused portion of your billing period
- Your account will immediately be subject to free plan limitations
- Access to paid plan features will be discontinued immediately
Proration Calculation Examples
Example 1 - Upgrade: If you upgrade from a $29/month plan to a $99/month plan with 15 days remaining in your billing cycle:
- Price difference: $99 - $29 = $70
- Prorated charge: ($70 ÷ 30 days) × 15 days = $35
- You will be charged $35 immediately, and $99 on your next billing date
Example 2 - Downgrade: If you downgrade from a $99/month plan to a $29/month plan with 15 days remaining:
- No immediate charge or refund
- You keep $99/month features for the remaining 15 days
- On your next billing date, you will be charged $29/month
Trial Period Proration
Trial Conversions: When converting from a trial period to a paid subscription:
- No proration applies - you will be charged the full monthly amount
- Your billing cycle begins immediately upon trial conversion
- If you upgrade during a trial, the upgrade takes effect immediately with trial benefits ending
Payment Processing for Prorated Charges
Proration Payment Methods: Prorated charges for upgrades will be processed using:
- Your available account balance first (if sufficient funds are available)
- Your default payment method on file for any remaining amount
- Standard processing fees apply to credit card charges as outlined in Section 4.5
4.7 Refund Policies
Label Voiding Policy
Prepaid Labels: All shipping labels purchased through BorderFlow are prepaid at the time of purchase. If you do not use a shipping label, you may submit a void request through our platform or by contacting customer support.
Void Request Process: When you submit a void request, BorderFlow will attempt to void the label with the respective carrier on your behalf. However, you acknowledge and understand that:
- Each carrier has its own specific voiding policies, timeframes, and restrictions
- You should familiarize yourself with these carrier-specific policies before purchasing shipping labels
- BorderFlow cannot guarantee that a void request will be accepted by the carrier
- Some carriers may not allow voiding after certain time periods or conditions
- Void request approval is solely at the discretion of the individual carrier
Timeframe and Success: Void requests should be submitted as soon as possible after label purchase for the best chance of approval. While we will make every effort to process your void request promptly, the final decision rests with the carrier, and we cannot guarantee successful voiding of any label.
Unused Shipping Labels Refunds
If you have unused or voided shipping labels, you may request a refund by emailing refund@borderflow.io within 14 calendar days of label purchase. Refund processing is subject to the individual carrier's policies and may take anywhere from 30 to 180 days to complete. Submission of a refund request does not guarantee approval or payment by the carrier.
Unused Account Balance Refunds
To request a refund of any remaining BorderFlow account balance, please email refund@borderflow.io. All refund requests will be reviewed, and, if approved, refunds will be issued via the original payment method within 4 to 8 weeks. BorderFlow reserves the right to verify account activity and to approve or deny any refund request in our sole discretion.
5. BorderFlow's Role and Limitations of Liability
5.1 Facilitation Service
BorderFlow acts solely as a facilitator of transactions between you and shipping carriers. We provide a platform that connects you with various shipping services but do not directly provide shipping or transportation services ourselves.
5.2 No Responsibility for Orders or Damages
BorderFlow takes no responsibility for:
- The contents, condition, or value of your shipments
- Any damages, loss, or theft of your packages during transit
- Delays in pickup, transit, or delivery
- Carrier performance, service quality, or handling of your shipments
- Customs delays, inspections, or seizures
- Refused deliveries or returned packages
- Return shipment availability or processing (return shipments are not always available)
- Any consequential, indirect, or special damages arising from shipping issues
5.3 Undeliverable Shipments and Delivery Failures
BorderFlow is not liable for any shipments that cannot be delivered or fail to reach their intended destination for any reason, including but not limited to:
- Address Issues: Incorrect, incomplete, invalid, or undeliverable addresses provided by you or your customers
- Recipient Actions: Recipient not available for delivery, recipient refusing to accept the package, recipient failing to claim the package from pickup locations
- Customs and Regulatory Issues: Shipments rejected, held, or seized by customs authorities; packages not authorized for clearance by government agencies; regulatory compliance failures
- Payment and Documentation Issues: Unpaid duties and taxes; missing or incorrect customs documentation; invalid or incomplete commercial invoices
- Carrier and Logistics Issues: Packages lost, damaged, or misplaced during transit; carrier operational failures or service disruptions; sorting facility errors or misrouting
- Natural and External Factors: Weather-related delays or cancellations; natural disasters affecting delivery routes; acts of God or force majeure events
- Security and Safety Issues: Packages damaged during security inspections; shipments flagged for security concerns; dangerous goods violations or safety compliance issues
- Timing and Availability Issues: Delivery attempts outside recipient availability; missed delivery windows due to carrier scheduling; business closures or holiday delivery restrictions
- International Shipping Complications: Export/import license requirements; prohibited or restricted items; country-specific shipping limitations or embargoes
- Package Condition Issues: Inadequate packaging leading to damage or loss; weight or dimension discrepancies; package integrity failures during transit
Important Disclaimers Regarding Undeliverable Shipments:
- No Insurance Coverage: Shipping insurance, when purchased, does not cover delivery failures, refused deliveries, undeliverable addresses, unpaid duties/taxes, or regulatory compliance issues
- No Refund Eligibility: Undeliverable shipments due to the reasons listed above are not eligible for refunds from BorderFlow, regardless of the underlying cause
- Limited Assistance: While BorderFlow may attempt to assist you in coordinating with carriers when requested, we are not obligated to provide such assistance and cannot guarantee any specific outcome or resolution
- No Recovery Guarantee: We cannot confirm or guarantee that you will recover shipping costs, package value, or any associated expenses for undeliverable shipments
- Carrier Policies Apply: All undeliverable shipment matters are subject to the individual carrier's terms, conditions, and policies, which may vary significantly
- Customer Responsibility: You acknowledge that ensuring deliverability is primarily your responsibility, including address validation, recipient communication, and compliance with all applicable regulations
By using BorderFlow's services, you acknowledge and agree that you assume all risks associated with undeliverable shipments and waive any claims against BorderFlow for losses resulting from delivery failures of any kind.
5.4 Transit Time Disclaimers
BorderFlow makes no claims, warranties, or guarantees regarding the validity, accuracy, or reliability of estimated transit times. All transit time estimates are provided by carriers and are subject to delays due to weather, customs processing, carrier capacity, holidays, and other factors beyond our control.
5.5 Order Risk Analysis Disclaimer
Risk Analysis Information: When we display order risk analysis information, this data is based solely on information provided by the related sales channel or e-commerce platform. You acknowledge and agree that:
- BorderFlow does not conduct independent risk analysis or fraud detection
- We make no claims, warranties, or guarantees about the accuracy or reliability of risk analysis information
- Risk analysis data is provided for informational purposes only
- You are solely responsible for conducting your own comprehensive fraud analysis, including but not limited to verifying customer identity, payment method authenticity, shipping address validity, order pattern analysis, and compliance with your organization's risk management policies
- BorderFlow shall not be liable for any losses, chargebacks, or damages resulting from fraudulent orders or inadequate risk assessment
5.6 Address and Customer Data Validation Disclaimer
Data Validation: Address information, customer details, phone numbers, email addresses, tax identification numbers, and all other recipient data displayed in our system is captured exactly as provided by the sales channel or third-party integration. You acknowledge and agree that:
- BorderFlow does not validate, verify, or correct address information or customer data
- We do not guarantee the accuracy, completeness, or deliverability of any address or contact information
- It is your responsibility to verify and validate all shipping addresses, customer information, phone numbers, email addresses, and tax identification data before shipping
- You should implement your own address validation processes and use appropriate third-party validation services when necessary
- BorderFlow is not liable for delivery failures, returned packages, additional charges, or delays resulting from invalid, incomplete, or incorrect address or customer information
- Any costs associated with address corrections, delivery attempts to invalid addresses, or return shipments are your sole responsibility
5.7 Direct Carrier Relationship
By using our Services, you acknowledge and agree that:
- You are entering into a direct agreement with the carrier you select
- The carrier's terms and conditions apply to your shipment
- You waive all rights to make claims against BorderFlow for carrier-related issues
- Any disputes regarding lost, damaged, or delayed shipments must be resolved directly with the carrier
- BorderFlow is not liable for carrier policies, limitations, or exclusions
6. User Indemnification and Hold Harmless Provision
6.1 Hold Harmless Agreement
You agree to hold BorderFlow harmless and indemnify us against any and all claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:
- Your use of our Services
- Your shipments and their contents
- Any violations of these Terms
- Any violations of applicable laws or regulations
- Any third-party claims related to your shipments
- Any delays, damages, or issues caused by carriers
- Any problems with government agencies or customs authorities
6.2 No Claims for External Issues
You acknowledge and agree that the following circumstances do not warrant claims against BorderFlow or entitle you to refunds:
- Delays or issues caused by government agencies or customs authorities
- Carrier delays, mishandling, or service failures
- Inconsistent or incorrect data provided by carriers or third parties
- Refused deliveries or undeliverable packages
- Discrepancies in charges, duties, or taxes imposed by external entities
- Currency fluctuations or exchange rate changes
- Natural disasters, force majeure events, or circumstances beyond BorderFlow's control
- Changes in carrier rates, services, or policies
7. Service Description and Limitations
BorderFlow provides an international shipping and logistics platform that enables users to:
- Compare shipping rates from multiple carriers
- Generate shipping labels and documentation
- Track shipments and manage logistics
- Access customs and compliance tools
- Manage shipping addresses and preferences
- Access automated shipping suggestions and recommendations
- Use AI-powered product classification tools
All Services are provided "as is" without warranties of any kind. We do not guarantee uninterrupted service, accuracy of rates, or successful delivery of shipments.
7.1 AI Product Classifier and Automation Features Disclaimer
IMPORTANT: BorderFlow provides an AI Product Classifier and various automation features as convenience tools. You acknowledge and agree that:
- NO WARRANTY OF ACCURACY: We make no claims, warranties, or guarantees regarding the accuracy or reliability of AI-generated HS code classifications or any automated suggestions
- USER VERIFICATION REQUIRED: You must independently verify all AI-generated classifications and automated suggestions before purchasing shipping labels or submitting customs declarations
- NO LIABILITY: BorderFlow shall not be held liable for any errors, misclassifications, penalties, delays, or damages resulting from the use of our AI Product Classifier or automation features
- COMPLIANCE RESPONSIBILITY: You remain solely responsible for ensuring all product classifications comply with applicable customs regulations and laws
- AUTOMATION LIMITATIONS: All automation features, including but not limited to address validation, rate calculations, customs form generation, and shipping recommendations, are provided for convenience only and may contain errors
- CONTINUOUS VERIFICATION: You must review and verify all automated outputs before finalizing any shipping transaction
By using our AI Product Classifier or any automation features, you expressly acknowledge that these tools are provided as-is, without any guarantee of accuracy, and you assume all risks associated with their use.
8. User Accounts and Security
To use our Services, you must create an account and provide accurate, complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use
- Ensuring your account information remains current and accurate
- Compliance with all applicable laws when using your account
9. Data Accuracy and Information Validity
You acknowledge and warrant that any information provided by you or through your integrated sales channels, APIs, or third-party systems is 100% true, accurate, and complete. This includes but is not limited to:
- Product descriptions, weights, dimensions, and declared values
- Shipping and billing addresses
- Customs declarations and restricted item classifications
- Order information imported from e-commerce platforms
- Customer data and contact information
- Financial information and payment details
You understand that providing false, inaccurate, or misleading information may result in additional fees, delays, legal penalties, account suspension, or termination of services.
10. Intellectual Property and Content Rights
10.1 BorderFlow's Intellectual Property
You may not copy, reproduce, distribute, republish, download, display, post, or transmit any content from our website or Services in any form or by any means without our prior written consent. All content on our platform, including but not limited to:
- Text, graphics, logos, icons, images, and software
- Design elements, user interface, and functionality
- Rate calculators, shipping tools, and automated features
- Documentation, guides, and help content
- Trademarks, service marks, and trade names
is protected by copyright, trademark, and other intellectual property laws and is the exclusive property of BorderFlow or its licensors.
10.2 User Content and Information Rights
By entering information into our Services, you grant BorderFlow a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and display such information. You acknowledge and agree that:
- You hold no ownership rights to information entered into our system
- BorderFlow may use your information to improve our Services
- Your information may be aggregated with other user data for analytics
- BorderFlow may share necessary information with carriers and service providers
- You waive any moral rights or attribution rights to information provided
11. Prohibited Uses
You may not use our Services to ship or facilitate the shipping of:
- Illegal, hazardous, or prohibited items
- Items that violate any applicable laws or regulations
- Counterfeit or stolen goods
- Items subject to export/import restrictions
- Weapons, explosives, or dangerous materials
- Drugs, controlled substances, or illegal pharmaceuticals
12. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to our data practices as described in the Privacy Policy.
For questions about our privacy practices, please contact us at privacy@borderflow.io.
13. Amazon Services API Compliance
When using BorderFlow's Amazon integration services, you acknowledge and agree to additional terms that ensure compliance with Amazon's Data Protection Policy and Acceptable Use Policy.
13.1 Amazon Data Processing Authorization
By connecting your Amazon seller account to BorderFlow, you authorize us to:
- Access Amazon customer information solely for shipping label creation and order fulfillment
- Process personally identifiable information (PII) in accordance with Amazon's Data Protection Policy
- Retain customer data for a maximum of 30 days post-delivery as required by shipping carriers
- Share necessary shipping information with authorized carriers (USPS, UPS, FedEx, DHL)
- Update tracking information back to Amazon for customer visibility
13.2 Security and Data Protection Commitments
BorderFlow maintains enterprise-grade security measures including:
- AES-256 encryption for all Amazon data at rest
- TLS 1.3 encryption for all data in transit
- Multi-factor authentication and role-based access controls
- Regular security audits and penetration testing
- 24-hour incident response notification to Amazon (security@amazon.com)
- Automated data purging according to retention schedules
13.3 Incident Response Plan
In the event of security incidents affecting Amazon data, BorderFlow implements the following response procedures:
Database Hack Response
- Immediate database isolation and access revocation
- Forensic analysis using immutable audit logs
- Database integrity verification and secure restoration
- SQL injection and privilege escalation assessment
- Amazon notification within 24 hours
Unauthorized Access Response
- Real-time intrusion detection and immediate alerting
- Credential revocation and system lockdown
- User account audit and privilege review
- Multi-factor authentication verification
- Access pattern analysis and anomaly detection
Data Leak Procedures
- Data Loss Prevention (DLP) system activation
- Network traffic analysis and containment
- Affected data scope assessment and cataloging
- Evidence preservation and chain of custody maintenance
- Coordinated notification to Amazon and affected parties
Response Timeline: Detection and containment (0-1 hours), impact assessment (1-4 hours), Amazon notification (within 24 hours), full analysis and remediation (24-72 hours), with post-incident documentation and preventive measures implementation.
13.4 Compliance and User Responsibilities
You represent and warrant that:
- You are an authorized Amazon seller in good standing
- You have necessary permissions to share Amazon customer data for shipping purposes
- You will not use BorderFlow to circumvent Amazon's policies or rate limits
- You will promptly notify us of any changes to your Amazon seller authorization
- You will cooperate with any Amazon audits or compliance reviews
13.5 Data Deletion and Termination
Upon termination of Amazon integration or upon Amazon's request:
- All Amazon customer data will be securely deleted within 30 days
- Deletion will follow NIST 800-88 sanitization standards
- Certificates of destruction will be provided upon request
- All system backups and archives will be purged
- Access to Amazon APIs will be immediately revoked
14. Disclaimers and Limitation of Liability
14.1 Service Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
14.2 Limitation of Liability
IN NO EVENT SHALL BORDERFLOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
15. Dispute Resolution and Arbitration
15.1 Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration rather than in court. This includes claims arising before these Terms took effect.
15.2 Arbitration Procedures
Arbitration will be conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). All arbitration proceedings will be held in Miami-Dade County, Florida, USA.
15.3 Class Action Waiver
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. Claims must be brought individually and not as part of any collective action.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by sending you an email notification. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.
17. Termination
Either party may terminate this agreement at any time. We may suspend or terminate your access to our Services immediately if you violate these Terms. Upon termination, your right to use our Services will cease, but these Terms will remain in effect to the extent necessary to resolve any disputes or claims.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved in the state or federal courts located in Miami-Dade County, Florida.
19. Contact Information
If you have any questions about these Terms, please contact us:
BorderFlow, LLC
66 W Flagler St, #929
Miami, FL 33130
Email: legal@borderflow.io
Last updated: July 9, 2025
These Terms are effective as of the date shown above and supersede all previous versions.