The full Terms of Service of using borderless™
These legal agreements will be effective to all borderless™ users. Last updated on October 5th, 2020.
Welcome to borderless™ !
We may amend this Agreement at any time by posting a revised version on the borderless website. The revised version will be effective at the time it is posted. You agree to the new-posted Terms by continuing your use of our Services. If you do not agree with the modified Terms, your sole remedy is to terminate your borderless account and discontinue using our Services.
These Terms provide that all disputes between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY, and your claims cannot be brought as a class action. Please review Section 5.24 for the details regarding your agreement to arbitrate any disputes with us.
1.0. Relationship for the Services
1.1. Our Role. Our relationship with you under this Agreement is as a payment service provider and borderless is an independent contractor for all purposes. borderless is not your agent or trustee. We provide accounts receivable services to collect and transfer funds from a sender on behalf of a receiver of funds. We also provide accounts payable services on behalf of a sender to make a payment to a receiver for goods and services. Except for our limited role in processing or receiving payments that you authorize, initiate and transmit, we are not involved in any underlying transaction between you, any other user, or any service providers, and you accept the sole responsibility for settling any disputes concerning any underlying transaction. We are not a bank and do not offer banking services. We do not guarantee payment on behalf of any user. We are not a selling agent in connection with any sale or purchase by you of goods or services to any person or entity. BORDERLESS SHOULD ONLY BE USED TO TRANSACT WITH ACCOUNTS YOU KNOW AND TRUST. DO NOT USE BORDERLESS TO TRANSACT WITH ACCOUNTS YOU DO NOT KNOW.
You represent that all authorizations and transactions you provide or enter into will be based upon your own judgment and that you are not relying on any communication from us as investment advice, as a recommendation to enter into a transaction or as an assurance of expected results. You acknowledge that we are not acting as a fiduciary or advisor to you with respect to any transaction.
Certain information may, from time to time, be provided to you through us. This information may be obtained from various information providers through sources believed to be reliable. We do not guarantee the timeliness, sequence, accuracy, completeness, or fitness for a particular purpose of any information provided through us. Such information may include opinions and recommendations of individuals or organizations and you understand that we do not endorse such recommendations or opinions, and that we are not providing any investment, tax, accounting or legal advice to you by including or making available such information.
1.2. Your Authorization. You authorize us to receive and disburse funds in accordance with your payment instructions. Your authorization permits us to make an electronic transfer from your bank account in the amount and currency you specify and to send money electronically to a receiver’s bank account in the designated currency. You shall furnish certain deposit and withdrawal account information, including, without limitation, bank account number and bank routing number for each electronic funds transfer, direct debit payment, pre-authorized debit payment and deposit election. You represent that all bank account information provided to us is accurate. You further represent that you possess the authority or ownership of the deposit account whose number or bank routing number is provided for the electronic funds transfer and that you possess the authority to deposit and withdraw funds from the bank account without the approval or participation of other person(s). Your authorization permits us to make such electronic transfer via an electronic funds transfer system that facilitates payments in your country. You also authorize us to direct debit your bank account for Fees (as defined in Section 3.6), and for refunded, invalidated and reversed transactions (as defined in Section 3.5). By making a payment, you warrant that the deposit account maintains sufficient funds to fully cover the value of the payment plus any applicable Fees. Once you have provided your authorization for the payment, you authorize and order us to commit your payment (less any applicable Fees, foreign exchange or other amounts we may collect under these Terms) to a receiver. A payment authorization becomes binding on you upon receipt by us and creates an obligation on you to settle the payment. You agree that you cannot recall a payment without the prior written consent of borderless. You agree to be bound by any debit instructions, whether authorized or not, issued in your name and acted upon by us, and you agree to indemnify us and hold us harmless from any losses incurred in connection with the execution of the debit instructions to have been issued by you. Any losses in connection with your failure to settle a payment are your sole responsibility. You give us the right to resubmit any electronic funds debit you authorized that is returned for insufficient or uncollected funds. You agree to allow us to recover any amounts due to us if there are insufficient funds in your bank account to cover your liability, and agree to reimburse us immediately, upon demand, through other means. You agree to reimburse us for any fees imposed on us or costs we incur as a result of the transaction within one (1) Business Day (as defined in Section 5.9). We are not liable for any fees assessed by your commercial banking institution. If you are located in the United States, you also agree to be bound by any applicable rules of the National Automated Clearing House Association (“NACHA”) and the United States Federal Reserve. You also agree to be bound by the applicable rules and regulations of the country you are located in, e.g., if you are located in the United Kingdom, you also agree to be bound by any applicable rules of the United Kingdom’s Payment Services Regulations 2017 (SI 2017/752) (as amended from time to time). If you are located in Australia, you also agree to be bound by any applicable rules of the Australian Payments Clearing Association’s direct debit system rules and banking practice codes. If you are located in Canada, you also agree to be bound by any applicable rules of the Canadian Payments Act and the rules of Payments Canada. Your authorizations will remain in full force and effect while you maintain your borderless account and for any Payment Method.
The specific transactional details of each payment will be agreed upon and after our acceptance of an authorization for a payment, we or our Processors may set out the material details of the transaction in a communication provided to you (“Confirmation”). For the avoidance of doubt, each transaction for which a Confirmation is issued will constitute an independent contract, governed by the terms of this Agreement. The Confirmation is evidence of certain material terms of the transaction. A transaction will not be invalidated if for any reason the Confirmation is not issued to you. In such circumstances, our records with respect to that transaction will constitute conclusive evidence of the terms of the transaction. If there are any discrepancies between the transaction and the Confirmation, you must notify borderless of such discrepancy within one (1) Business Day of the day that the Confirmation is sent, otherwise the Confirmation will constitute conclusive proof of and agreement by both you and us (individually, “Party” and collectively, “Parties”) of the details of the transaction. Your liability under this section extends to any of your guarantors, successors and assigns.
You are responsible for ensuring the accuracy and completeness of instructions in respect of each and every transaction. You authorize us to accept, act and rely upon any instruction, whether electronic, oral or written, that we reasonably believe to have been made by you or on your behalf. We are not liable for any losses you may suffer as a result of the misconduct of user(s) or any other person purporting to act on your behalf. Any authorization we receive from you will be acted upon on a commercially reasonable efforts basis only. There is no guarantee by us that an authorization can or will be filled or that instructions provided can or will be acted upon. We may reject any authorization if: (i) we determine, in good faith and in our sole discretion, that such authorization is unclear or was not authorized by you or a valid borderless user; (ii) we determine, in our sole discretion, that the authorization may be contrary to law, contrary to prudent business practices, outside our risk profile, or would require us to exceed trading limit, settlement limit, currency conversion exposure limit, or credit facility that we have expressly granted to you; (iii) you are insolvent or otherwise unable to pay your debts as they become due, or are subject to any proceeding, whether voluntary or involuntary, for bankruptcy, liquidation, administration or relief from creditors or in default of this Agreement; (iv) we determine, in our sole discretion, that we may not receive payment from you in the total amount, including the cost of currency acquisition and any Fees and charges, you owe to us for the related authorization; or (v) the authorization is incorrect, incomplete or unsatisfactory to us for any reason.
1.3. Intellectual Property.
- Trademarks. The trademarks, logos and service marks including, but not limited to, “borderless,” “getborderless.com,” page headers, custom graphics, button icons and scripts (collectively “Marks”) displayed throughout the Services, software and website are the exclusive property of borderless and borderless licensors. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available through our Services for commercial or public purposes without prior written consent. You may use HTML logos provided by borderless for the purpose of directing web traffic to the borderless Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes borderless or the borderless Services, or display them in any manner that implies borderless sponsorship or endorsement.
- Intellectual Property. You acknowledge and agree that: (i) all Services and associated software, website and technology, including all intellectual property rights therein, are and will remain with us, our Processors or our third party licensors; (ii) no right or interest in the software of the Services is conveyed herein; and (iii) all information, content, software, website and Services are protected by copyright and other intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available through our Services for commercial or public purposes. All rights not expressly granted in these Terms are reserved.
- License Grants, Generally. If you are using borderless software, such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our Processors or third party providers, that you have downloaded or otherwise accessed with our express permission through a borderless web or mobile platform, then we grant you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free, limited license to access and/or use borderless software in accordance with these Terms and the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease, or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying borderless Services. You will be solely responsible and liable for all resulting damages suffered by you, borderless and third parties due to non-compliance with access, use and implementation requirements. We may update or discontinue any software at any time, for any reason, in our sole discretion. While we may have (i) integrated certain third party materials and technology into any web or other application including its software, and/or (ii) accessed and used certain third party materials and technology to facilitate providing you with our Services, you have not been granted and do not otherwise retain any rights or interests in or to any of our or third party materials. You are prohibited from modifying, copying, altering, distributing, transmitting, displaying, publishing, selling, licensing, tampering with, repairing, adapting, reverse engineering, translating, disassembling or otherwise creating any derivative source code or derivative works from the Services, software or any third party materials or technology. Any other third party software application you use in connection with our Services is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that we do not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software or in connection with our Services.
- License Grants From You To borderless; Intellectual Property Warranties. We do not claim ownership of the content that you provide, upload, submit or send to us. Nor do we claim ownership of the content that you host on third-party websites or applications that use our Services. When you use our Services, provide content to us, or post content using borderless Services, you hereby grant borderless and our affiliates a worldwide, non-exclusive, irrevocable, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this Agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, services marks, logos, domain names and other designations owned, licensed to or used by you), your content and associated intellectual property and publicity rights, for the purpose of (i) identifying you as an individual or entity that uses a borderless Service; (ii) to help us improve, operate and promote our current services and develop new ones; and (iii) any other use to which you specifically consent. borderless will not compensate you for our use of your content or trademark(s). You acknowledge that our use of your content and trademark(s) will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights to the content you provide, and you agree to waive your moral rights and promise not to assert such rights against us.
1.4. Password Security and Keeping Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs) or any other codes that you use to access our Services. You are responsible for keeping your personal information, mailing address and email address up to date in your borderless account. We will not have any liability to you for any unauthorized payment or transfer made using your account that occurs before you have notified us of a possible unauthorized use and we have had a reasonable opportunity to act on that notice. Accordingly, you should regularly review your transaction history for unauthorized transactions or access.
1.5. Communications Between You and Us.
- Notices to You. You agree that we may provide you communications about your borderless account and Services electronically (as described in our Electronic Communications Delivery Policy) to the email address, by telephone to the telephone number, or by mail to the mailing address registered on your borderless account. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any communications sent to you by local postal mail will be considered received by you three (3) Business Days after we send it and any communications sent to you by international postal mail will be considered received by you five (5) Business Days after we send it. Additionally, you acknowledge and agree that the borderless Services may include certain communications from us or our partners, such as service announcements and administrative messages, and that these communications are considered part of the borderless Services and you may not be able to opt out of receiving them. You agree that it is your responsibility to access all such communications.
If we are unable to deliver any communications due to incorrect address or contact information, you are in breach of this Agreement and we will have no further obligation to seek out correct contact information to continue to attempt to deliver. We are not responsible for your failure to receive any communication if sent in accordance with the contact information as provided by you.
- Notices to Us. Notices to borderless must be sent by postal mail to:
- borderless LLC.
1229 S Shelby Street
Louisville, KY 40203, USA
- borderless LLC.
- Notices to You. You agree that we may provide you communications about your borderless account and Services electronically (as described in our Electronic Communications Delivery Policy) to the email address, by telephone to the telephone number, or by mail to the mailing address registered on your borderless account. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you. Any communications sent to you by local postal mail will be considered received by you three (3) Business Days after we send it and any communications sent to you by international postal mail will be considered received by you five (5) Business Days after we send it. Additionally, you acknowledge and agree that the borderless Services may include certain communications from us or our partners, such as service announcements and administrative messages, and that these communications are considered part of the borderless Services and you may not be able to opt out of receiving them. You agree that it is your responsibility to access all such communications.
You understand and agree that, to the extent permitted by law, borderless may, without further notice or warning, monitor, record and maintain recordings of telephone conversations and all oral communication you or anyone acting on your behalf has with us or our agents for the purposes of (i) quality control; (ii) training; (iii) our own protection, and you hereby expressly authorize and agree to the taking and maintaining of such records. You acknowledge and understand that while your communications with us may be overheard, monitored or recorded, not all telephone lines or calls may be recorded and we do not guarantee that recordings of any particular telephone call will be retained or retrievable. All audio recordings are our sole property, subject to applicable law. You agree that such recordings may be relied upon by us in the event of any dispute.
1.6. Prohibited Businesses and Activities. You may not use our Services for any services, activities or business type we have identified as prohibited and as set forth in our Acceptable Use Policy. We retain full rights over the customers and the industry types we elect to service. We may amend our Acceptable Use Policy at any time by posting a revised version on our website.
You may not use our Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”).
In connection with your use of our websites, your borderless account, our Services or in the course of your interactions with us or our third parties, you may not: (i) breach the Terms, or violate any of our policies, or encourage or promote the breach of the Terms or the violation of our policies; (ii) violate any law, statute, ordinance, or regulation (for example those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); (iii) infringe on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (iv) sell counterfeit goods; (v) act in a manner that is defamatory, trade libelous, threatening or harassing; (vi) provide false, inaccurate or misleading information; (vii) send or receive what we reasonably believe to be potentially fraudulent funds; (viii) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (ix) control an account that is linked to another account that has engaged in any of these restricted activities; (x) conduct your business or use our Services in a manner that results in or may result in: (a) complaints, (b) requests to invalidate payments made to you, (c) fees, fines, penalties or other liability or losses to borderless or other borderless customers, third parties or you; (xi) access our Services from a country not included on our Countries of Service list; (xii) take any action that imposes an unreasonable or disproportionately large load on our websites, software systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf; (xiii) facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or borderless Service; (xiv) use an anonymizing proxy; (xv) use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission, or use any device, software or routine to bypass our robot exclusion headers, or interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, any of our Services or other users’ use of any of our Services; (xvi) take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other Processors, suppliers or service providers; (xvii) circumvent any borderless policy or determination about your borderless account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including but not limited to, engaging in the following actions: (a) attempting to create new or additional borderless account(s) when an account has been restricted, suspended or otherwise limited, (b) creating new or additional borderless accounts using information that is not your own, (c) using someone else’s borderless account; (xviii) harass and / or threaten our employees, agents or other users; (xix) attempt to use another user’s account without their permission; or (xx) probe, scan, or test the vulnerability of the Services, or any related system or network.
1.7. Actions We May Take. If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, our customers and others at any time, in our sole discretion. The actions we may take include, but are not limited to: (i) terminating this Agreement and/or closing or suspending your borderless account and we may refuse our Services to you in the future; (ii) limit your access to our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, your borderless account or any of our Services; (iii) contact buyers who have purchased goods or services from you using borderless, your bank, other impacted parties, or law enforcement about your actions; (iv) update inaccurate information you provided us; (v) take legal action against you.
If you’ve violated our Acceptable Use Policy, then you are also responsible for damages to borderless caused by your violation of this policy. If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions, you acknowledge and agree that you will be liable to borderless for the amount of damages to borderless caused by your violation of the Acceptable Use Policy. You further acknowledge and agree that $5,000.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of borderless’ actual damages, considering all currently existing circumstances, including the relationship of the amount to the range of harm to borderless that could reasonably be anticipated because, due to the nature of the violation of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. You hereby authorize borderless to debit your linked Payment Method for any such damages arising from any such violation.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by borderless, any borderless customer, or a third party caused by or arising out of your breach of these Terms and/or use of our Services. You agree to reimburse borderless, any borderless customer, or any third party for any and all such liability.
1.8. Holds and Limitations. Under certain circumstances, in order to protect ourselves, comply with applicable laws, and protect the security and integrity of the network of users of our Services, we may take account-level or transaction-level actions. We retain the sole discretion to take these actions. To request information in connection with an account limitation or hold, you can contact us at firstname.lastname@example.org.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of ourselves, our customers and/or our Processors and service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your borderless account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
To restore your borderless account, you will need to resolve any issues with the account, often by providing information to us, although there may be certain situations where there is no specific action that you can take to help resolve the situation (for example if we are acting in accordance with applicable laws).
We and our representatives are not liable to you for any resulting losses whatsoever and you agree to indemnify us and our representatives to the extent that we or our representatives incur any losses in connection with placing a hold or limitation on your account.
borderless is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any third party service providers in connection with any of the Services.
2.0. Your borderless Account
We offer three types of accounts: business accounts, personal accounts and one-time checkout accounts. To send and receive payments using our Services, you must register for a borderless account pursuant to these Terms. We may terminate your use of our Services at any time, for any reason, whatsoever.
2.1. Eligibility. For an individual to use our Services, you must be at least eighteen (18) years old, or the age of majority in your state of residence, and have a bank account in one of the countries on our Countries of Service list. For a business to use our Services, you must be organized in, operating in, or a resident of and have a bank account in the United States or one of the countries on our Countries of Service list. For a list of accepted currencies, please see our Currencies of Service list. You represent and warrant that you are acting as a principal and have legal title to all funds used in connection with the transactions you authorize, and that any transaction is being undertaken in accordance with applicable law.
2.2. Business Accounts. We recommend business accounts for people, organizations and entities that use borderless to receive payments for the sale of goods or services. Business accounts may be subject to Fees that differ from the Fees that apply to personal accounts and quick checkout accounts (also referred to as one-time checkout). You may use the borderless business account Services only to receive or make payments for goods and services. To register for a borderless business account, you or the person or persons registering for a borderless account (your “Representative”) must provide us with your business and/or trade name, business address, email address, phone number, tax identification number, business website or URL, the nature of your business activities, valid bank account information, and certain other information about you that we require. You consent to us accessing your personal and/or business credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your borderless account. We may also collect personal information (including full-name, birthdate, and government-issued identification number) about you, your beneficial owners, principals, and your Representatives. You agree to provide us with accurate and verifiable information about you and your business. Federal law requires that we verify some of your information. Until you have submitted, and we have reviewed and approved all required information, your borderless account will be available to you on a preliminary, restricted basis only, and we may close, suspend, or limit access to your borderless account and/or the Services in the event that we are unable to obtain or verify your information for any reason. You must provide accurate and complete information in response to our questions, and keep that information current. You confirm you are authorized to conduct business by the jurisdiction in which you operate and that you and your Representative are an authorized signatory for the business you represent.
- (b) No Surcharges. You agree that you will not impose a surcharge or any other fee for accepting borderless as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-borderless transactions.
- (c) Presentation of borderless. You agree to provide equal treatment to borderless vis-à-vis other payment methods or marks you offer at your points of sale (including websites or mobile applications). This includes at least equal or substantially similar: (i) logo placement; (ii) position within any point of sale; and (iii) treatment in terms of payment flow, terms, conditions, restrictions, or fees, in each case as compared to other marks and payment methods at your points of sale.
In representations to your customers or in public communications, you agree not to mischaracterize borderless or exhibit a preference for other payment methods over borderless. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using borderless or encourage the customer to use an alternate payment method. If you enable your customers to pay you with borderless, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the borderless payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.
- (d) Business Representative. You and your Representative individually affirm to us that you and your Representative are authorized to provide the information described in these Terms on your behalf and to bind you to these Terms. We may require you or your Representative to provide additional information or documentation demonstrating you or your Representative’s authority. Neither you nor your Representative may register or attempt to register for a borderless account on behalf of a user previously terminated from the use of our Services without our express written consent. If you are a sole proprietor, you and your Representative also affirm that you and your Representative are each personally responsible and liable for your use of our Services and your obligations under these Terms.
2.3. Personal Accounts. We recommend personal accounts for people who need to make purchases. You may use the borderless personal account Services only to make payments for goods and services. To register for a personal borderless account, you must provide your personal information including your name, address, birthdate, phone number, valid bank account information, government issued ID and certain other information that we require. You consent to us accessing your bank account transaction and balance history, and personal credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your borderless account. You agree to provide us with accurate and verifiable information. Federal law requires that we verify some of your information. Until you have submitted, and we have reviewed and approved all required information, your borderless account will be available to you on a preliminary, restricted basis only, and we may close, suspend, or limit access to your borderless account and/or the Services in the event that we are unable to obtain or verify your information for any reason. You must provide accurate and complete information in response to our questions, and keep that information current.
- (a) Joint Account. Where more than one natural person enters into this Agreement with us, each natural person is jointly and severally responsible for the performance of all obligations under this Agreement and any payment. Each natural person is liable to us in the event of failure to perform any of the terms of this Agreement.
- (b) Buying Goods or Services. You can buy something from a seller who accepts borderless, in any currency that the seller accepts and that borderless supports, using any Payment Method (as defined in section 3 of this Agreement) linked to your borderless account. This includes, for example: (i) buying something at an online retailer’s website and selecting borderless as your payment method at checkout; or (ii) sending money to a seller for goods or services. We supply our services to you for domestic and private use. If you use our services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in each case whether direct or indirect.
- (c) Not a U.S. Person. If you are not a U.S. person as defined under applicable U.S. laws and regulations, you agree to promptly notify borderless if you become a U.S. person. borderless and its representatives are not liable to you for any regulatory reporting obligations that are not known to borderless or its representatives.
2.4. Quick Checkout. You may use the borderless quick checkout account Services only to make limited payments for goods & services in the United States and Canada. To register for a quick checkout account, you must provide your personal information including your name, address, birthdate, valid bank account information, and certain other information that we require. You consent to us accessing your bank account transaction and balance history, and personal credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your borderless account. You agree to provide us with accurate and verifiable information. Federal law requires that we verify some of your information. Until you have submitted, and we have reviewed and approved all required information, your borderless account will be available to you on a preliminary, restricted basis only. We may close, suspend, or limit access to your borderless account and/or the Services in the event that we are unable to obtain or verify your information for any reason. You must provide accurate and complete information in response to our questions, and keep that information current. With a quick checkout account you will not have access to a borderless dashboard; you may make any and all changes and inquiries by contacting borderless. You will be required to register for a borderless personal account as your use of the Services increases.
(a) Joint Account. Where more than one natural person enters into this Agreement with us, each natural person is jointly and severally responsible for the performance of all obligations under this Agreement and any payment. Each natural person is liable to us in the event of failure to perform any of the terms of this Agreement.
(b) Buying Goods or Services. You can buy something from a seller who accepts borderless, in any currency that the seller accepts and that borderless supports, using any Payment Method (as defined in section 3 of this Agreement) linked to your borderless account. This includes, for example: (i) buying something at an online retailer’s website and selecting borderless as your payment method at checkout; or (ii) sending money to a seller for goods or services. We supply our services to you for domestic and private use. If you use our services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in each case whether direct or indirect.
(c) Not a U.S. Person. If you are not a U.S. person as defined under applicable U.S. laws and regulations, you agree to promptly notify borderless if you become a U.S. person. borderless and its representatives are not liable to you for any regulatory reporting obligations that are not known to borderless or its representatives.
2.5. Converting Accounts. You can convert your quick checkout account to a personal account at any time. To convert a quick checkout account to a personal account, you may register for a borderless personal account using the same information provided on your quick checkout account. If the information is unable to be verified or deemed to be inaccurate for any reason, all of your accounts may be suspended. You cannot convert a business account to a personal account or vice versa. To change your account type, please close your account and open a new one or contact support.
2.6. Identity Authentication. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity, your information, the identity of your company and your company’s information. This may include asking you for further information, requiring you to provide a taxpayer identification number, and other information that will allow us to reasonably identify you, take steps to confirm the ownership of your email address or valid bank account, ordering a credit report, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. borderless reserves the right to close, suspend, or limit access to your borderless account and/or our Services in the event we are unable to obtain or verify this information for any reason.
2.7. Continuing Validation. At any time during your use of our Services, we may require additional information from you to verify beneficial ownership or control of your business or Payment Method(s), validate information you provided, verify you or your Representative’s identity, and assess the risk associated with your business and your borderless account. This additional information may include, but is not limited to, business invoices, copies of government-issued identification, incorporation documents, business licenses, copies of bank statements, or other information related to you, your business, your Representative(s), your business’s beneficial owners or principals. Your failure to provide this information for whatever reason may result in suspension or termination of your borderless account, or a hold placed on any transactions.
2.8. Changes to Your Information. You agree to keep the information in your borderless account current. You must promptly update your borderless account with any changes affecting you, the nature of your business, the nature of your payment activities, your Representative(s), beneficial owners, principals, or any other pertinent information. In the event that you close the deposit account used for electronic funds debits, you shall provide borderless with immediate written notice. We may suspend or terminate your borderless account or place a hold on your transaction if you fail to keep this information current, accurate and complete.
2.9. borderless Account Activity. You may view your borderless account activity at any time by logging into your borderless dashboard or reviewing the Confirmations provided to you. You are fully responsible for all activity that occurs under your borderless account, including any actions taken by a Representative or other persons to whom you have granted access to your borderless account. You have the right to receive an account statement showing your borderless account activity. You may view your borderless account statement by logging into your borderless account or by requesting an account statement from borderless.
2.10. borderless Account Suspension, Limitation or Termination. You can deactivate your account in your account profile or by contacting borderless. When you deactivate your borderless account, we will cancel any scheduled or incomplete transactions. You will still be liable for all obligations related to your borderless account, even after the borderless account is closed. We may suspend, limit or terminate your borderless account and access to our Services without notice at any time, for any reason whatsoever. Any termination of these Terms does not relieve you of obligations to pay Fees (as defined in section 3 of this Agreement) or costs accrued prior to the termination and any other amounts owed to us as provided in these Terms. We will not be liable to you for any losses that you incur in connection with our closure or suspension of your account.
In certain cases, you may not close your borderless account, including: (i) to evade an investigation; or (ii) if you have a pending transaction or an open dispute or claim.
2.11. Dormant Accounts. If you do not log in or use your borderless account for one (1) year or more, borderless may deactivate your borderless account.
2.12. Security. You are at all times solely responsible for the confidentiality and security of your borderless account. You agree and acknowledges that: (i) there are inherent risks of using online financial services such as your borderless account; (ii) you will make reasonable efforts to, (a) take appropriate security measures to protect your devices and computer systems, (b) protect your username, password, personal details and other confidential data, (c) use unique usernames and passwords for different websites, applications or services and you agree and acknowledge that your username and password should not be based on common or typical passwords or password routines, and / or personal information, and (d) implement security protocols and policies, and install or acquire security products and protections including up‐to‐date anti‐virus, anti‐spyware, firewall software and operating systems on devices and computers, removal of file and print sharing options, regular and frequent back-up of critical data, encryption technology, terminating online sessions when complete, clearance of browser cache after each log in, prohibition of software and programs of unknown origin, prohibition on using websites that have not been reviewed for security and veracity, and prohibition of use of a computer or device which is not owned or authorized for use by the user or which is on a public network to access our Services; (iii) we may modify, or discontinue, our secure Internet or cloud-based electronic system, which allows users to access our Services through an interface or protocol or application program interface, including any proprietary borderless application program interface product and service related to such proprietary application program interface at any time or change its domain, without prior notice and without your consent; and (iv) we shall not be liable in any circumstance to you for any losses or unrealized profits resulting from the unavailability or suboptimal functioning of our Services.
3.0. Sending and Receiving Payments
3.1. Payment Purpose. You warrant and represent that your use of our Services is solely to receive and make payments as permitted under these Terms.
3.2. Linking a Bank Account. You can link or unlink a valid bank account to your borderless account as a (“Payment Method”). You must keep at least one (1) valid Payment Method linked to your account at all times. Please keep your valid bank account information current. If this information changes, we may update it as directed by your bank without any action on your part.
- (a) Making a Payment. To buy a permitted good or service, per the Acceptable Use Policy, using your borderless account, you may use the Payment Methods linked to your borderless account to fund transactions you make using your borderless account.
- (b) Receiving a Payment. If you receive a payment to your borderless account, borderless delivers the funds to the preferred Payment Method linked to your borderless account.
- (c) Selecting a Preferred Payment Method. If you have more than one linked Payment Method, you are required to select a preferred Payment Method. You can choose any of the Payment Methods linked to your borderless account as your preferred Payment Method. You can select or change a preferred Payment Method by logging in to your borderless account or contacting borderless. If you change your preferred Payment Method, it may take up to five (5) Business Days to take effect. If you have a preferred Payment Method, it will be shown as the primary method of payment when making a purchase and the only delivery point for any received payments through your borderless account.
There may be times when your preferred Payment Method cannot be used. Also, the availability of certain Payment Methods may be limited based on the particular seller or third party website you are using to complete the transaction.
If you have not selected a preferred Payment Method, or your preferred Payment Method is unavailable, we may show you multiple available Payment Methods, including the Payment Method you used most often or most recently, at the time of the transaction.
3.3. Payment Limits. We may, at our discretion, impose limits on the amount of money you can send or receive based on a risk assessment of your borderless account. For questions, please contact Customer Service at email@example.com.
3.4. Payment Review. You understand, acknowledge and agree that all transactions, wherever originated, may be processed by us or entities which may be located outside your country. As such, all transactions, wherever originated, will be processed in accordance with the laws and regulations of the jurisdiction where the transaction is being processed, including but not limited to, those laws and regulations relating to anti‐money laundering, anti‐terrorism financing and foreign asset control. We review and monitor payment transactions for risk, fraud, money laundering and terrorist financing activity. If we determine, in our sole discretion, that a transaction is high-risk, we will place a hold on the payment, provide notice to the sending and receiving parties, conduct a review, may contact you for additional information, and either clear or cancel the payment. If the payment is cleared, we will notify both parties; otherwise, we will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other actions. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, refuse to process a payment, or deactivate or freeze your borderless account. Freezing or deactivating can arise as a result of the account monitoring that we conduct as required by relevant laws or where the name of a sender or beneficiary of a payment matches a name on a relevant government list of prohibited persons or where the payment is being sent to a country that has been subjected to relevant government asset control or sanctions. If this occurs, borderless and its representatives are not liable to you for any resulting losses whatsoever and you agree to indemnify borderless and its representatives to the extent that borderless and its representatives incur any losses in connection with freezing or deactivating your account. If we have reason to suspect that you are using our Services to violate local, state or federal laws, we may share information about you with law enforcement agencies, or take other actions as required by law.
3.5. Refunded, Insufficient Funds, Invalidated, Disputed and Reversed Transactions.
(a) Refunded Transactions. You agree that you cannot recall or reverse a payment. “Refund” means an instruction initiated by a borderless business account to return funds to a customer for an existing transaction.
When you buy a permitted good or service using borderless and the transaction is ultimately refunded, the money will be refunded to the original Payment Method you used for the transaction once the initial payment clears the bank. If we are unable to do so, the money will be waiting for you to claim by contacting firstname.lastname@example.org. If borderless performed a currency conversion for your transaction and a refund is issued, borderless’ transaction exchange rate (including a currency conversion spread) on the date of the refund will apply. Money will be refunded: (i) in the currency you paid; or (ii) if we are unable to refund in the currency you paid, in your primary holding currency; or (iii) if we are unable to refund in your primary holding currency, then in U.S. dollars.
You are immediately responsible to us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if: (i) you are the subject of Bankruptcy Proceedings; or (ii) where we otherwise believe that there is a risk that you will not meet your liabilities under these Terms (including with respect to the transaction that is the subject of the Refund instruction).
You are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. borderless does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate buyer but is a fraudster, you will be responsible for any resulting costs, including Disputes, even if you do not recover the fraudulently purchased product.
(b) Insufficient Funds, Invalidated and Reversed Transactions. We may invalidate and reverse payments to you for any reason including if: (i) you do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery per our Proof of Shipment and Delivery Policy when required; (ii) third parties decide against you under their money back guarantee program (and you haven’t opted out); (iii) our investigation of a bank reversal (sometimes known as an electronic fund transfer return) made by a buyer or the buyer’s bank finds that the transaction was fraudulent; (iv) borderless sent the payment to you in error; (v) the payment was unauthorized; (vi) the sender has insufficient funds; (vii) you received the payment for activities that violate the Terms or any other agreement between you and borderless.
When you receive a payment, you are liable to borderless for the full amount of the payment sent to you plus any Fees if the payment is later invalidated or reversed for any reason. This means that, in addition to any other liability, you will be responsible to borderless for the amount of the payment, plus the applicable Fees if there is a reversal of the payment. You agree to allow us to recover any amounts due to us by debiting your Payment Method. If there are insufficient funds in your bank account to cover your liability, you agree to reimburse us immediately, upon demand, through other means. You agree to reimburse us for any fees imposed on us or costs we incur as a result of the transaction. Your failure to fully pay amounts that you owe us on demand will be considered a breach of these Terms. You are liable for any of our costs associated with collection in addition to any amounts owed, including attorneys’ fees and expenses, collection agency fees, and any applicable interest. Your liability under this Section extends to any of your guarantors, successors and assigns.
(b) Disputed Transactions. “Dispute” means an instruction initiated by a customer for the return of funds for an existing transaction (including disputes on the Automated Clearinghouse (“ACH”) network). Any Disputes or unauthorized transactions using the ACH network may result in you becoming unable to accept ACH payments. High Dispute rates (typically those exceeding 1%) may result in your inability to use our Services. Failure to timely and effectively manage Disputes with your customers may ultimately result in your inability to use our Services.
In certain circumstances, we may require you to place funds in reserve or to impose conditions on the release of funds (each a “Reserve”). We may impose a Reserve on you for any reason if we determine that the risk of loss to borderless, borderless customers, or others associated with your borderless account is higher than normal. For example, we may hold a Reserve if: (i) your or your Customers’ activities increase the risk of loss to us or to your customers, (ii) you have violated or are likely to violate this Agreement, or (iii) your borderless Account has an elevated or abnormally high number of Disputes. If we impose a Reserve, we will establish the terms of the Reserve and provide you notice of the amount, timing, and conditions upon which the funds in the Reserve will be released to you. In many cases, the Reserve amount will be the entire amount of transactions processed using the Services. We may change or condition the terms of the Reserve based on our continuous assessment and understanding of the risks associated with your borderless account. We may fund the Reserve with funds processed through your use of our Services, by debiting your Preferred Payment Method or another bank account associated with your borderless account, or by requesting funds directly from you.
To the extent possible, we prefer to identify the necessity for a Reserve in advance of establishing one. If you are concerned that we will impose a Reserve on you due to the nature of your business activities, please contact us before using the Services.
3.6. Pricing. We will provide our Services to you at the rates and for the fees described in the Service Plan Table (the “Fee(s)”), and incorporated into these Terms by reference. We may offer special pricing or custom pricing for some businesses. We reserve the right to change our Fees at any time, for any reason. You agree and acknowledge that you have agreed to the relevant Fees for the Services before making or receiving a payment. All Fees payable under this Agreement are exclusive of any legally applicable value added tax or similar sales or turnover tax in any relevant jurisdiction.
- (a) Currency Conversion. Some uses of your borderless account require a currency conversion. Examples of situations where a currency conversion is required include, but are not limited to: (i) purchasing goods from a seller who accepts payments only in a specific currency which you do not hold in your linked Payment Method; (ii) receiving money from a buyer in a currency that your Payment Method is not configured to accept; (iii) if you sold something and the transaction must be reversed and you do not have the correct currency configured in your Payment Method. The exchange rate (“Rate”) visible on the screen at the time of the payment submission is the Rate applicable to the transaction. Once you submit a payment, you are deemed responsible for the transaction.
- (b) Refund and Reversal Currencies. All refunds and reversals will be made in the same currency as the original transaction. If your transaction must be refunded or reversed and you do not have the correct currency available in your Payment Method, a currency conversion will be performed. If borderless performed a currency conversion for your transaction and a refund or reversal is issued, the borderless transaction exchange rate (including a currency conversion spread) on the date of the refund or reversal will apply.
3.7. Payment Processing Delays. We will use commercially reasonable efforts to process and facilitate your payment in accordance with these Terms and applicable law. When you send a payment to a receiver, the payment is treated as authorization to process your payment and complete the transaction. We are not liable for any losses resulting from a delayed payment.
3.8. Errors Regarding Payments. It is your responsibility to review all payment transactions initiated through our Services. Your payment transaction information is maintained in your borderless account and included in the Confirmations we provide you. You may not assert any claim against us or our representatives in connection with any errors, discrepancies or irregularities if you did not exercise reasonable care in examining any such communication which reflected such errors, discrepancies or irregularities, or if you did not notify borderless in writing and in a reasonably prompt manner (for avoidance of doubt, a reasonably prompt time frame shall be considered to be within 24 hours of delivery, as defined in section 1.5) that you dispute any information contained in, or missing from, any communication. All questions about transactions made through our Services must be directed to us in writing to email@example.com. Notify us as soon as you think your statement or Confirmation is incorrect or if you need more information about a transfer listed on the statement or Confirmation. We must hear from you no later than twenty-four (24) hours after we sent the FIRST Confirmation on which the problem or error appeared. Tell us: (i) your name; (ii) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; (iii) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within one (1) Business Day. You must provide us with all information necessary for us to investigate the error, discrepancy or irregularity.
- (a) Errors. An error means: (i) money is taken or placed incorrectly through our Services or when a transaction is missing, not properly identified or incorrectly recorded in your borderless account or your borderless account statement; (ii) you send a payment and we debit the incorrect amount; (iii) we make a computational or mathematical error related to your borderless account; (iv) you request additional information or clarification concerning a transfer to or from your borderless account, including a request you make to determine whether an error has occurred; (v) you inquire about the status of a pending transaction; (vi) you request documentation or other information, unless the request is for a duplicate copy for tax or other record-keeping purposes. An error is not: (i) if you give someone access to your borderless account (e.g., by giving them your login information) and they use your borderless account without your knowledge or permission (you are responsible for transactions made in this situation); (ii) invalidation and reversal of a payment as pursuant to Section 3.5. of this Agreement; (iii) routine inquiries about your borderless account; (iv) requests for duplicate documentation or other information for tax or other recordkeeping purposes.
- (b) Error Resolution. We will rectify any of our processing errors that we discover. If the error results in a receiver’s receipt of less than the correct amount to which a receiver is entitled, we will credit their account for the difference. If the error results in their receipt of more than the correct amount to which a receiver is entitled, we will debit the extra funds from their account.
- (c) Conclusive Evidence. For avoidance of doubt, we shall be entitled to rely on our own records of any information or data relating to you as conclusive evidence of the fact against you for all purposes save for manifest error.
3.9. Unauthorized Transactions. An Unauthorized Transaction is a type of error that occurs when payment is sent that the sender did not authorize and that did not benefit the sender. An Unauthorized Transaction is NOT: (i) if you give someone access to your borderless account (e.g., by giving them your login credentials) and they use your borderless account without your knowledge or permission (you are solely responsible for transactions made in this situation); (ii) invalidation and reversal of payments as a result of actions described under Section 3.5. of this Agreement.
You are responsible for the security of your borderless account. To protect yourself from Unauthorized Transactions, you should regularly review the account activity to ensure that there has not been an Unauthorized Transaction or other error. A Confirmation may also be provided for each transaction. You should also review these transaction Confirmations to ensure that each transaction was authorized and is accurate.
If you believe your borderless login information has been lost or stolen, write to firstname.lastname@example.org. Contact us IMMEDIATELY if you believe your borderless login information has been lost or stolen, or if you believe a transaction has been made without your permission using your login information. If your borderless account statement shows transactions that you did not make, including those made with your borderless login information or by other means, tell us immediately.
When an Unauthorized Transaction occurs, we will work with you to provide information necessary for you to seek remedies that may be available to you through your financial institution and we will work with you to address the issue; however, you and your users are solely responsible for all activity on your borderless account. We will have no responsibility for any losses incurred by reason of any use, whether authorized or unauthorized. You agree to hold us harmless from any losses we may incur by reason of the use of your borderless account. Unauthorized Transactions that result from our processing error will be addressed as set forth in section 3.8. of this Agreement.
3.10. Cancelled Transactions. Once we accept a payment, you may not cancel the payment and you are liable for all amounts owed as a result. As set out above, you may correct payment details if the Confirmation does not reflect the payment details agreed upon.
3.11 No Advice. You represent that each transaction entered into by you will be based upon your own judgment and that you are not relying on any communication of borderless or its representatives as investment advice, as a recommendation to enter into a transaction or as an assurance of expected results. You acknowledge that we are not acting as a fiduciary or advisor to you in respect of any transaction or any other Services. For the avoidance of doubt, you will obtain any necessary independent legal, tax, financial and other advice in relation to any transaction and before accepting the Terms. We make no representation, warranty or guarantee as to the performance, returns, loss or risks in connection with any transaction. No representative of borderless may waive or vary any of borderless’ rights as set out in the Terms nor may they accept any liability on borderless’ behalf.
4.0. Changes to the Service
We will occasionally provide automatic updates to our Services and its functionality to improve your experience. These updates may not be consistent across all platforms and devices. You agree to take no action to interfere with these updates and changes to our Service. We have the right, at any time and for any reason, to change, modify, add to, discontinue or retire any aspect or feature of the Services including, but not limited to: (i) the hours of availability; (ii) equipment needed for access or use; (iii) maximum or minimum settlement amounts; (iv) the availability of our Services on any particular device or platform. We have no obligation, but will make a reasonable effort, to provide you with notice of any such changes on our website. Unless explicitly stated otherwise, any new features, changes, or modifications that augment or enhance the Services, including any new service, are subject to the Terms.
5.0. General Provisions
5.1. Indemnity. You must indemnify us for actions related to your borderless account and your use of our Services. Notwithstanding the foregoing or anything to the contrary in these Terms, you agree to defend, indemnify, and hold us harmless, and our respective employees, directors, agents, affiliates and our Processors (collectively, “borderless Parties”) from and against any claim, suit, demand, loss, liability, damage, action, proceeding, or expense (including reasonable attorneys’ fees) made or incurred by any third party, arising out of or relating to: (i) your breach of any provision of these Terms; (ii) your use of our Services; (iii) your obligation to pay for any Fees or other amounts owing to us, or third parties; (iv) negligence or willful misconduct by you, your employees, contractors, agents or Representatives; (v) your violation of any law or the rights of a third party; and (vi) the actions or inactions of any third party to whom you grant permission to use your borderless account, or access our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, or any of our Services on your behalf.
In addition, you will indemnify, defend and hold the borderless Parties harmless from and against any and all claims, costs, losses, damages, judgments, Taxes, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through our Services (including the accuracy of any content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you).
You shall indemnify us and our representatives and hold us and our representatives harmless from and against any and all losses resulting from our non‐compliance with applicable privacy laws which are a direct consequence of your actions or omissions.
5.2. Limitation of Liability. Our liability is limited with respect to your borderless account and your use of our Services. In no event will borderless Parties be liable for any lost profits, lost revenue, lost business opportunity, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to these Terms (however arising, including negligence), our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, or our Services, including without limitation the use of, inability to use, or unavailability of our Services. Under no circumstances will any of the borderless Parties be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of our Services or your borderless account or the data contained therein, or your failure to use or implement security, controls or processes that are appropriate for your business or person.
In addition, borderless Parties assume no liability or responsibility for any damages or losses (including, but not limited to, personal injury or property damage, loss of money, goodwill, reputation, profits or other intangible losses, or any special, indirect, or consequential damages) of any nature whatsoever, resulting directly or indirectly from: (i) your access to or use of, or your inability to use, our websites, software, systems (including any networks or servers used to provide any of our Services) operated by us or on our behalf, or any of our Services; (ii) delays, interruptions, cessations of transmission to or from our Services, or disruptions in our websites, software, systems (including any networks or servers used to provide any of our Services) operated by us or on our behalf, or any of our Services; (iii) any misuse of our Services or data; (iv) any software bugs, viruses, or other harmful or malicious code and software that may be transmitted or obtained through or by accessing our websites, software, systems (including any networks or servers used to provide any of our Services) operated by us or on our behalf, or any website or service linked to our websites or software, or any of our Services; (v) any errors, glitches, bugs, inaccuracies, or omissions in our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf, data, any of our Services or the information and graphics obtained from them; (vi) the content, actions, inactions, defamatory, offensive or illegal conduct of any third party; (vii) a suspension or other action taken with respect to your borderless account; or (viii) your need to modify your practices, content or behavior, or your loss of or inability to do business, as a result of the changes to this Agreement or our policies.
Without limiting anything to the contrary, the borderless Parties’ cumulative liability to you is limited to direct damages and in all events will not exceed in the aggregate amounts actually received by us (including any Fees paid to us) for providing our Services to you during the three (3) month period immediately preceding the event that gives rise to the claim for liability.
Both Parties agree that this limitation represents a reasonable allocation of risk, without which we would not have entered into this Agreement. This limitation of liability section applies regardless of the legal theory that the claim is based on, including, without limitation, contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if we have been advised of the possibility of such damage. The foregoing will apply to the fullest extent permitted by law.
5.3. No Warranty; Disclaimer. OUR SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. BORDERLESS, OUR AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF BORDERLESS, OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not have any control over the products or services that are purchased through our Services, and we cannot ensure that a payment sender or receiver you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of our websites, software, or systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system, of the U.S. or international mail service. Certain Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
5.4. Release of borderless. If you have a dispute with any other borderless account holder, you release borderless and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
5.5. Entire Agreement, Severability.
- (a) Entire Agreement. These Terms and all policies and procedures that are incorporated by reference constitute the entire agreement between you and us for the provision and use of our Services. Except where expressly stated otherwise in writing executed between you and us, these Terms will prevail over any conflicting policy or agreement for the provision or use of our Services. These Terms set forth your exclusive remedies with respect to our Services. If any provision or portion of these Terms is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
- (b) Severability. In the event that any provision contained herein shall for any reason be held invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, to such extent such provision shall be deemed null and void and severed from these Terms, the remainder hereof shall remain in full force and effect and enforceable.
5.6. No Waiver. Our failure to act with respect to a breach of any of your obligations under this Agreement by you or others does not waive our right to act with respect to any subsequent breach of the same or any other provision, or similar breaches, nor shall a delay or omission to avail ourselves of any right, power or privilege that we have or may have hereunder operate as a waiver of any right, power or privilege.
5.7. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in these Terms, the laws of the State of Kentucky, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and us.
5.8. Disputes with borderless. In the event that you have a dispute with borderless, the relevant provisions (including arbitration requirements) of these Terms shall govern the dispute.
5.9. Assignment. You may not transfer or assign any rights or obligations you have under these Terms without the prior written consent of borderless. Any purported transfer or assignment in violation of the foregoing will be invalid. We reserve the right to transfer or assign these Terms or any right or obligation under these Terms at any time. These Terms shall inure to the benefit of all permitted successors and assigns.
5.10. Business Days. References in this Agreement to “Business Day(s)” mean(s) a day on which commercial banks are open for ordinary banking business in both the jurisdiction in which a payment is initiated and the one in which such a payment is executed. For example, in the U.S., this means Monday through Friday, excluding holidays when our offices are not considered open for business. U.S. Holidays include New Year’s Day (January 1), Martin Luther King Jr’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November), Black Friday (the fourth Friday in November), and Christmas Day (December 25). If a holiday falls on a Saturday, borderless observes the holiday on the prior Friday. If the holiday falls on a Sunday, borderless observes the holiday on the following Monday.
5.11. Consumer Fraud Warning. We are always looking for ways to help keep you even more secure. Stay alert and vigilant for some of these common scams: (i) spoofing – a scammer sends forged or faked electronic documents or emails falsely claiming to be borderless or coming from borderless but asks you to send money outside your borderless account; (ii) lottery or prize – a scammer informs you that you’ve won a lottery or prize and must send money in order to claim it; (iii) debt collection – a scammer impersonates a debt collector and induces you to send money using threats or intimidation; (iv) employment related – a scammer instructs you to send money in connection with a fraudulent offer of employment.
Always use common sense. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by writing us at email@example.com.
By accepting the Terms contained within this Agreement, including its annexes, you acknowledge represent and warrant that you shall comply with all applicable laws, including but not limited to data protection and privacy laws, and that you shall indemnify borderless and its affiliates against any third party claims related to violation of such applicable laws in the use of the Service.
The data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of our Services described in these Terms. If you process personal data from Europe pursuant to this Agreement, you must comply with the EU Directive 95/46/EC or the General Data Protection Regulation (EU) 2016/679 (GDPR).
In complying with all such laws, you will: (i) implement and maintain all appropriate security measures for the processing of User Information or personal data; (ii) not knowingly do anything or permit anything to be done which might lead to a breach of any data protection laws by borderless.
5.14. Force Majeure. Neither we, nor our representatives, will be liable for: (i) any direct, indirect, special, incidental or consequential damages (including but not limited to loss of profits or expenses); (ii) delays in processing; or (iii) other nonperformance caused by telecommunications, utility failures, or equipment failures, electronic failures, mechanical failure, legal process, labor strike, riots, other civil disturbances, wars, government acts, acts of terrorism, cyber crimes, non-performance of our vendors, suppliers or Processors, fires or acts of nature, or any other event over which we have no reasonable control. Nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, reversals, or returns under this Agreement.
5.15. Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for determining any and all Taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of our Services. You also are solely responsible for assessing, collecting, withholding, reporting, and remitting the correct Taxes to the appropriate authority. We are not obligated to, nor will we determine whether any Taxes apply to your transaction, or calculate, collect, report or remit any Taxes arising from any transaction. We specifically disclaim any liability for Taxes.
You acknowledge and agree that we are required to report certain transactions to certain regulators under any applicable laws, rules, regulations, instruments, orders or directives and any requirements of a regulatory or supervisory organization that mandate reporting and/or retention of transaction and similar information. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process.
5.16. Transaction Processing. You understand, acknowledge and agree that all transactions, wherever originated, may be processed by a Processor, which may be located outside of your country. All transactions, wherever originated, will be processed in accordance with the laws and regulations of the jurisdiction where the transaction is being processed, including but not limited to, those laws and regulations relating to anti‐money laundering, anti‐terrorism financing and foreign asset control.
5.17. Court Orders, Regulatory Requirements or Other Legal Processes. If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including placing a limitation on your borderless account. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your borderless account or our Services. When we implement a limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the limitation may remain in place longer than one-hundred and eighty (180) days.
5.18. Insolvency. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of these Terms.
5.19. Independent Contractor. Our relationship with you under these Terms is as a payment service provider and we are an independent contractor for all purposes. We are not your agent or trustee. Except as otherwise provided herein, neither we nor you have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on each other’s behalf, or to bind each other in any matter.
(a) Confidential Information Defined. Confidential Information means all information that we provide to you under these Terms, including but not limited to: (i) User Information or personal data of a borderless user; (ii) all information you access or receive through the Services; (iii) all developer tools, access IDs, and passwords; (iv) the terms of this Agreement; (v) the integration requirements; (vi) information relating to our systems, technology, processes, and financial information; (vii) information relating to security all information which if disclosed in a tangible form is marked using a legend such as “Confidential” or “Proprietary;” (v) all information which if disclosed orally or visually is declared to be confidential; and (vi) any other information that by its very nature or context of disclosure, you understand or would reasonably be expected to understand, as our confidential information, regardless of whether marked “Confidential.”
(b) Confidentiality Obligations. You must maintain our Confidential Information in strict confidence and must not disclose such Confidential Information to any third party nor use the Confidential Information for any purpose other than as necessary and required to perform your obligations under this Agreement. In the event that Confidential Information is required to be disclosed by a court, government agency, law enforcement agency, regulatory requirement or similar disclosure requirement, you shall immediately notify borderless and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Upon termination or expiration of this Agreement, you shall immediately return to borderless all manifestations of the Confidential Information or shall destroy such Confidential Information as we may designate. Your obligation to maintain the confidentiality of information disclosed hereunder shall survive the expiration or termination of this Agreement.
(c) Protection of Confidential Information. You acknowledge that monetary damages may not be sufficient remedy for unauthorized use or disclosure of Confidential Information and that we will be entitled to (without waiving any other rights or remedies) injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.
5.21. Term, Termination, Suspension. We may, in our sole discretion, suspend or terminate this Agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of our Services) operated by us or on our behalf or some or all of our Services for any reason and at any time upon the occurrence of a Termination Event without further notice to you or in all other circumstances with notice to you. A Termination Event means: if you (i) fail to deliver good funds for a transaction, or communicate to us an intent not to provide us with the foregoing in relation to any payment; (ii) dispute the validity or existence of a payment; (iii) default, or communicate your intent to default, on any of your obligations described in this Agreement including any of the representations or warranties set out in this Agreement or elsewhere; (iv) are or are reasonably likely in our sole opinion to become insolvent or otherwise unable to pay your debts as they become due, or are subject to any proceeding, whether voluntary or involuntary, for bankruptcy, liquidation, administration or relief from creditors (collectively, “Insolvent”); (v) cease or threaten to cease to carry on business or sell all, or substantially all of the assets of your business; (vi) receive notice of, or become subject to a regulatory or enforcement action or investigation which, in our reasonable judgment, will materially impair the terms of this Agreement, the expected economic value of this Agreement, or our business reputation; (vii) breaches this Agreement or any terms of a transaction; (viii) make or receive a payment that we reasonably deem to represent a regulatory, compliance or business risk; or (ix) are, or are suspected of, regulatory non‐compliance or breach of any laws or regulations.
5.22. Survival. The following shall survive the termination of these Terms: (i) all liabilities accrued under these Terms prior to the effective date of termination; (ii) all provisions that give rise to a Party’s ongoing obligation; (iii) all provisions of Sections 1.2, 1.3, 2.7, 2.12, 3.5, and 5.1 through 5.27 of these Terms; and (iv) any other terms which by their nature should survive.
5.23. Your Representations and Warranties. You represent, warrant and covenant that: (i) all statements contained in this Agreement, and any other information contained in the documentation submitted in support of this Agreement, are true and correct and that you will notify borderless immediately if any of such information is no longer true; (ii) you are responsible for ensuring the accuracy and completeness of instructions in respect of each and every transaction; (iii) you have initiated each payment solely based on your analysis and / or third party advice and have not received or relied upon any advice from borderless with respect to the suitability or appropriateness of such payment; (iv) you will maintain security systems, procedures and controls to prevent and detect: (a) the theft of funds, (b) forged, fraudulent and unauthorized instructions and electronic transfer of funds by anyone who is unauthorized, (c) losses due to fraud or unauthorized access to the service by anyone who is not authorized; (v) you will make your own arrangements to provide the equipment and software you need to meet your desired levels of service, security and reliability (equipment includes computer systems and telecommunication devices; all equipment and software must meet our requirements and specifications for the Service; all purchase, installation and maintenance costs will be at your sole expense; we may, if we so choose, specify security procedures for a Service, which you are required to follow); (vi) you will keep any keys, access codes, security devices and verification procedures safe and confidential, and change them at least as often as the Service materials specify (we may establish a routine to verify the source and authenticity of payment instructions you provide and may verify an instruction before acting on it; we may act on instructions that contain the verification routine without checking authority).
If you are located in a jurisdiction with privacy and data protection laws (e.g., the European Economic Area (EEA) or California) or have any visitors from such jurisdictions, you represent and warrant that you will use the Service in accordance with the GDPR, including that: (i) you will clearly describe in writing how you plan on using any data processed, including for your use of our Services; (ii) you have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply; (iii) you have processed all data relating to any individual in compliance with all data protection laws and regulations; and (iv) you agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
- (a) Limitation on Services. You represent that the Services are being used for personal, business or commercial purposes only and in the course of effecting genuine transactions and not for the purpose of speculation and/or investment. You further represent, warrant and confirm that all payments will be made pursuant to and in accordance with these Terms. You agree not to use our Services to make payments for any illegal purpose. In addition, you certify that you will not use our Services to make any payments relating to online gambling, pornography, firearms and other purposes, as outlined in our Acceptable Use Policy. You acknowledge that any payment accepted by us will be binding upon and enforceable against you and does not violate the terms of any other agreement to which you are bound.
- (b) Your Funds. You represent and warrant that you are acting as a principal and have legal title to all funds used in connection with the payments, and that any payment is being undertaken in accordance with applicable law.
- (c) Compliance with Laws. You represent and warrant that you will comply (and will cause your employees, agents, and representatives to comply) with all applicable laws to you, your business and your use of our Services. Use of our Services is subject to all applicable laws and regulations regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of our Services will comply with such laws and regulations, including, without limitation, the sanctions programs administered by the Office of Foreign Assets Control of the United States Department of the Treasury.
5.24. Dispute Resolution and Arbitration.
(a) Generally. In the interest of resolving disputes between you and borderless in the most expedient and cost-effective manner, you agree and understand that every controversy, claim, or dispute arising out of, or in connection with, these Terms or the performance, validity or enforceability of it, or the breach thereof, that is not resolved through normal internal discussion, will be resolved solely and exclusively by binding arbitration held in Louisville, Kentucky, and conducted in English. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of whether a claim arises during or after the termination of these Terms. You expressly agree that any dispute about the scope of this Agreement to arbitrate and/or the arbitrability of any particular dispute shall be resolved in arbitration in accordance with these Terms. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court. You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. You agree to keep any arbitration strictly confidential. You agree that all such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You understand and agree that this Agreement restricts you from seeking emergency relief from any court, including without limitation temporary restraining orders and/or preliminary injunctions, and you agree that, to the extent you breach this Agreement by seeking such relief from a court, you shall be responsible for paying our attorneys’ fees in opposing such relief, and the arbitrator shall render an award of such attorneys’ fees at the earliest possible time after such fees are incurred. You agree and understand that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of any such matters contained herein. A printed version of these Terms shall be admissible in judicial or administrative proceedings.
(b) Exceptions. Notwithstanding the foregoing obligation to settle disputes through arbitration, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit the right of either Party to: (i) bring an individual action in small claims court in the United States; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) file suit in a court of law to address an intellectual property infringement claim. You agree that this section shall not prevent us or our Processors from seeking payment for unsettled Fees, whether through the use of a collection agency duly registered in the relevant province or territory, or by other means. You agree that you or we may, without inconsistency with this arbitration provision, apply to any court for an order enforcing the arbitral award. You irrevocably and unconditionally agree to waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding relating to enforcement of the arbitral award in federal or state courts located in the State of Kentucky.
(c) Arbitrator. You agree that any such arbitration between you and borderless shall be conducted in accordance with the then prevailing Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure (the “Rules”) with the following exceptions to such Rules if in conflict: (i) any arbitration must be commenced within one (1) year after the claim or cause of action arises; (ii) the arbitration shall be conducted by one (1) neutral arbitrator; (iii) you agree that service of a demand for arbitration via Notice constitutes sufficient written notice of the demand for arbitration; (iv) arbitration may proceed in the absence of any party if that party has been given Notice of the arbitration; and (v) each side agrees to bear its own attorney’s fees, costs and expenses. You agree that we will seek to appoint a fair representation of diverse arbitrators (considering gender, ethnicity, and sexual orientation), and will request to include a fair representation of diverse candidates on rosters and lists of potential arbitrators. You agree that the arbitrator shall have the authority to order any remedies, legal or equitable, which a Party could obtain from a court of competent jurisdiction based on the claims asserted, and nothing more. The arbitrator shall not award punitive or exemplary damages to either party. During arbitration, the amount of any settlement offer made by you or borderless must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. You expressly agree to abide by all decisions and awards rendered in such proceedings and you agree that such decisions and awards rendered by the arbitrator shall be final, binding, and conclusive.
(d) Notice. To initiate the arbitration, either Party may promptly submit to the other Party a written notice of the dispute via certified U.S. Mail or by Federal Express (signature required) or, only if such other Party has not provided a current physical address, then by electronic mail (“Notice”). The borderless address for all Notice is: borderless LLC, 1229 S. Shelby Street, Louisville, Kentucky, 40203. A copy of the Notice should be sent to CEDR. The Notice will be deemed to be received in accordance with Section 1.5 of this Agreement. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The general provisions of this Agreement shall apply equally to the documents referred to in this section. The Parties will make good faith efforts to resolve the claim directly, but if the Parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or borderless may commence an arbitration proceeding.
(e) No Class Action. You agree to arbitrate solely on an individual basis, and agree and understand that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative class or proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then you agree and understand that the remaining portions of these arbitration provisions in this Agreement will remain in full force and effect.
(f) Enforceability. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR FOR ANY OTHER REASON LITIGATION PROCEEDS IN COURT THEN YOU AGREE THAT YOU AND WE: (i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OTHER MATTER INVOLVING US HERETO, AND (ii) SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE DESCRIBED IN THESE TERMS. YOU EXPLICITLY AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
5.25. Third Parties. This Agreement is not intended to, and shall not, confer upon anyone other than the Parties and their lawful successors or assigns any legal or equitable rights, benefits, claims or remedies of any nature.
5.26. Interpretation. The section headings in this Agreement are for convenience only and have no legal or contractual effect. For purposes of this Agreement: (i) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation;”; (ii) the words “such as,” “for example,” “e.g.,” and any derivatives of those words will mean “by way of example” and the items that follow these words will not be deemed an exhaustive list; (iii) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive; and (iv) the singular includes the plural and vice versa. No ambiguity will be construed against any party based on a claim that the party drafted the language.
5.27. Contacting Us. If you have questions concerning these Terms, you may contact us at firstname.lastname@example.org.
Appendix A: 1. Yodlee Terms of Service
A1.1 Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
A1.2 Proprietary Rights. You are permitted to use information, data or other materials delivered to you through the Yodlee Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this information, data or other materials. Further, you agree not to reverse engineer or reverse compile any of the Yodlee Service technology, including but not limited to, any Java applets associated with the Yodlee Service .
A1.3 Content You Provide. You are licensing to borderless and Yodlee, Inc. (“Yodlee”), any data, passwords or other information (collectively, “Content”) you provide through or to the Yodlee Service. borderless and Yodlee may use, modify, display, distribute and create new material using such Content only to provide the Yodlee Service and the Service to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, borderless and Yodlee may use the Content for the purposes set out above.
A1.4 Third Party Accounts. By using the Yodlee Service, you authorize borderless and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant borderless and Yodlee a limited power of attorney, and you hereby appoint borderless and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party Internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person, only as required to provide you the Service. You acknowledge and agree that when borderless or Yodlee accesses and retrieves information from third party sites, borderless and Yodlee are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Yodlee Service is not endorsed or sponsored by any third party account providers accessible through the Yodlee Service .
A1.5 Disclaimer of Warranties. You expressly understand and agree that:
your use of the Yodlee Service and all information, products and other content (including that of third parties) included in or accessible from the Yodlee Service is at your sole risk. The Yodlee Service is provided on an “as is” and “as available” basis. borderless and Yodlee expressly disclaim all warranties of any kind as to the Yodlee Service and all information, products and other content (including that of third parties) included in or accessible from the Yodlee Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
borderless and Yodlee make no warranty that: (i) the Yodlee Service will meet your requirements; (ii) the Yodlee Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Yodlee Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Yodlee Service will meet your expectations; or (v) any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of the Yodlee Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from borderless or Yodlee through or from the Yodlee Service will create any warranty not expressly stated in these Terms.
A1.6 Limitation of Liability. You agree that neither borderless or Yodlee nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if borderless or Yodlee has been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the Yodlee Service; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Yodlee Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the Yodlee Service; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Yodlee Service.
A1.7 Indemnification. You agree to indemnify borderless and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms, and/or your infringement of any intellectual property or other right of anyone.
A1.8 Yodlee. You agree that Yodlee is a third party beneficiary of the above provisions, with all the rights to enforce such provisions as if Yodlee were a party to this Agreement.
Appendix B:1. Processor: AFEX Terms of Service
B.1.1 United States of America.
Business Account Terms can be accessed here: Business Terms https://www.afex.com/docs/unitedstates/us_business_account_tcs.pdf
Personal Account Terms can be accessed here: Personal Terms https://www.afex.com/docs/unitedstates/us_personal_account_tcs.pdf
Business Account Term, can be accessed here: Business Terms https://www.afex.com/docs/australia/au_business_account_tcs.pdf
Personal Account Terms can be accessed here: Personal Terms
Business Account Terms can be accessed here: Business Terms
Business Account Terms in French can be accessed here: https://sf-asset-manager.s3.amazonaws.com/95763/16157/1835.pdf
Personal Account Terms can be accessed here: Personal Terms
Personal Account Terms in French can be accessed here:
“Cookies” means any cookies and other tracking technologies. Cookies are small data files that are stored on your hard drive or in your Device memory when you visit a website or view a message, used to collect standard internet log information and visitor behavior information. For further information, visit https://www.allaboutcookies.org/ .
“Device” means any computer or mobile device.
“Device Information” means any data that can be automatically collected from any Device used to access our website or Services. Such information may include, but is not limited to, your Device type, your Device’s network connections; your Device’s name; your Device’s IP address; information about your Device’s web browser and the internet connection being used to access our website or Services; Geolocation Information; information about apps downloaded to your Device; and biometric data (e.g., Touch ID / Fingerprint to verify your identity).
“Geolocation Information” means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some Services require this information to provide a specific Service. Our Services may not function properly without this information.
“Guest Transaction” means a person’s use of our Services without logging into and / or establishing a borderless™ account.
“Personal Information” is any information relating to an identified or identifiable natural person.
“Process” or “Processing” means any operation that we perform on Personal Information.
“Technical Usage Data” means information we collect from your phone, computer or other Device that you use to access our website or Services. Technical Usage Data tells us how you use our website and Services, such as what you have searched for and viewed on our website and the way you use our Services, including, but not limited to: (i) your IP address; (ii) statistics regarding how pages are loaded or viewed; (iii) the websites you visited before coming to our website and other usage and browsing information collected through Cookies.
“Web Beacons” are electronic images that may be used in our Services or emails.
Scope and Consent
borderless™ complies with the EU-U.S. Privacy Shield Framework (the “Privacy Shield Principles”) as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Union to the United States. See Privacy Shield Notice section for additional information.
By applying to, signing up for or using a borderless™ account, you authorize and consent to our obtaining from, and disclosing to, third parties, from time to time, any information about you in connection with the Processing of any credit investigation, identity or account verification, fraud detection, or collection procedure, or as may otherwise be required by applicable law. This includes, where lawful, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau.
Collection of Personal Information
We collect Personal Information about you when you visit our website, apply or sign up for a borderless™ account, or use our Services and when you provide information as part of our identity or account verification process. Some of the information we collect is for compliance with laws and regulations, including anti-money laundering and anti-terrorist financing laws.
Information You Provide Directly to Us
We may collect information about you, including but not limited to:
Registration Information. When you register to use our Services by establishing a borderless™ account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with information to establish a borderless™ account. This may include, but is not limited to: (i) your full name; (ii) postal address; (iii) email address; (iv) telephone number; (v) photograph; (vi) birthdate; (vii) passport; (viii) driver’s license; (ix) Social Security, Taxpayer Identification, or other government-issued number; (x) tax information, including withholding allowances and tax filing status; (xi) financial information, including bank account information; and (xii) other historical, contact, demographic and identification information. We may require you to provide us with additional Personal Data as you use our Services.
Uploaded, Transaction and Sent Information. When you use our Services or access our websites, for example to make purchases from merchants or to process payments, we collect information about the transaction, as well as other information associated with the transaction such as: (i) information about the products and services you purchase or sell; (ii) information you provide about you or your authorized users, representatives, or beneficial owners; (iii) information you provide to counterparties using our Services (for example, invoice information); (iv) amount sent, received or requested; (v) amount paid for products or services; and (vi) merchant information.
Participant Information. When you use our Services or access our website, we collect Personal Data you provide us about the other participants associated with the transaction. We collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and the account number of the bill you intend to pay or request to be paid.
Information about your Friends and Contacts. It may be easier for us to help you transact with your friends and contacts if you provide Personal Data such as name, email address and telephone number about your friends and contacts while using our Services or if you connect your contact list information on your device with your borderless™ account. We collect your contact list or friend list information to improve your experience when you use our Services.
Information to Obtain Additional Services or Assistance. If you request or participate in an optional Service or feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We may collect Personal Information from you, such as (i) email address; (ii) phone number; or (iii) mailing address when you contact us to request information about our Services, register for a newsletter that we may offer, request to receive customer or technical support, or otherwise communicate with us.
Public Information. Information you post in comments on our website will be visible to the public.
Other Information. We may collect additional information from or about you when you communicate with us, contact our customer support teams, or respond to a survey.
Information We Collect From Your Use of Our Services
We collect information about you when you use our Services, including but not limited to:
Device Information. We may collect specific information about the computer or mobile device used when you access our Services, including: (i) your hardware model; (ii) operating system and version; (iii) unique Device identifier; (iv) internet service provider; (v) mobile network information; and (vi) information about the Device’s interaction with our Services. We may also identify other software running on the Device for anti-fraud and malware-prevention purposes, but we will not collect any content from such software.
Geolocation Information. Through our applications, we may collect information about the location of your Device.
Technical Usage Data Information. We collect Technical Usage Data and information about how you use our Services, including your access date and time, browser type and language, and Internet Protocol (“IP”) address.
Transaction Information. When you use our Services to make, accept, request, or record payments or money transfers, we may collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the Devices and Payment Methods used to complete the transactions.
Information Collected by Cookies and Web Beacons. We use various technologies to collect information when you use our Services, including sending Cookies to your Device and using Web Beacons. Among other things, Cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. For more information and to learn how to block or delete Cookies used in our Services, please see “Your Choices” section below. We may also collect information using Web Beacons. We may use Web Beacons to deliver Cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Personal Information Collected During Guest Transactions
Certain limited Services are available without being required to log in or establish a borderless™ account.
Personal Information We Collect from Other Sources
We may also collect information about you from third parties, including third-party verification services, credit bureaus, mailing list providers, merchants, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
Third-Party Websites, Social Media Platforms, and Software Development Kits
Our website may contain links to other websites that may reference or link to our website or other Services. These other domains and websites are not controlled by us, and we do not endorse or make any representations or warranties about third-party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Our website and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your Device when using our website or other Services. You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform, or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services, you assume the risk that the information provided by you may be viewed and used by third parties for any number of purposes.
Use of Your Personal Information
We acquire, retain, use, and Process Personal Information about you for a variety of legitimate business interests, including to provide products, Services, or requested information.
Processing Personal Information. We may Process your information to provide, maintain and improve our products or Services, or information, including the following:
Website and Services. We may Process your Personal Information to operate our website and provide you our Services including, but not limited to: processing or recording payment transactions; authenticating your access to a borderless account; initiating a payment or paying a bill; displaying historical transaction information; accessing certain areas, functionalities and features of our Services; delivering the information and support you request; to communicate with you about your borderless™ account, our website, our Services, or borderless; create a connection between your borderless™ account and a third-party account or platform; perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes; and to keep your borderless™ account and financial information up to date.
Research and Development. We may use Personal Information about you to improve, personalize and facilitate your use of our Services. We also may use Personal Information about you to perform research about how you use our Services; measure, customize, and enhance our Services, including the design, content and functionality of our applications and website; or to track and analyze trends and usage in connection with our Services.
Protection and Security. We may use Personal Information to manage risk and protect our website and Services and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of our website or Services. We may also use your Personal Information to protect our rights or property, or the security or integrity of our Services; or to investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities.
Marketing. We may use Personal Information about you to deliver marketing materials about borderless™ products and Services and the products and services of unaffiliated businesses. We may also send you news and information or conduct surveys and collect feedback about our Services. We may communicate with you about products, services, contests, promotions, discounts, incentives and rewards offered by us and select partners, based on your communication preferences and applicable law. We may also Process your Personal Information to tailor certain Services or website experiences to better match our understanding of your interests.
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send. You will then be removed from the marketing email list; however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You cannot opt out of service-related emails. If you do not wish to receive service related emails, your sole remedy is to terminate your borderless™ account and discontinue using our Services
Sharing Content with Your Contacts. We may use your Personal Information to connect you with people you already know. For example, you may upload contact information from an existing source and we will use that information to help make transactions easier to initiate or fulfill. We may also use your Personal Information to suggest connections between you and people you may know. These features vary by Service.
Location-specific Functions. If you share your Geolocation Information through our Services, we may use this information to enhance the security of our website and Services and may provide you with location-based Services, such as advertising, search results, and other personalized content.
Other Purposes. We may use your Personal Information to contact you to resolve disputes, collect fees, and provide assistance for problems with our Services or your borderless™ account. We may also use your Personal Information to respond to your requests, for example to contact you about a question you submitted to our customer service team; or for any other purpose disclosed to you in connection with our Services.
Sharing of Information
With our group companies and other affiliates. We may share your Personal Information with members of the borderless™ family of entities, group companies and other affiliates to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of the borderless™ products, Services and communications; and for the purposes outlined above.
With other companies that provide services to us. We may share Personal Information with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, transaction processing assistance, marketing services, customer support and fee collection services).
With financial institutions. We may share Personal Information with financial institutions, payment networks, payment card associations, and other entities in connection with the payment or money transfer process, as well as to keep your financial information up to date.
With other parties to borderless™ transactions. We may share information with other users (including merchants or their service providers) of our Services with whom you interact through your own use of our Services. For example, we may share information when you make or accept a payment using our Services. This information includes: (i) Personal Information necessary to facilitate the transaction; (ii) Personal Information to help facilitate future transactions; (iii) information to improve the borderless experience; (iv) information to help other participant(s) resolve disputes and detect and prevent fraud; and (v) aggregated data and performance analytics to help merchants better understand borderless™ users and to help merchants enhance our users’ experiences.
During negotiations. We may share Personal Information about you in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our businesses.
With your consent. We also will share your Personal Information and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform.
In addition, we may provide aggregated statistical data to third parties, including other businesses and members of the public, about how, when, and why borderless™ users visit our website and use our Services. This data will not personally identify you or provide information about your individual use of our website or Services.
Onward Transfer and Liability. We do not sell, trade, share or rent your personal information to unaffiliated third parties. Affiliated third parties may receive your data in fulfillment of our service. We maintain specific contract agreements with these companies to ensure that they use the data only for intended purposes and protect the data as we would. If this practice were to change, we would specifically provide you with the opportunity to choose to “opt in” or “opt out” of the sharing of your data. We may be required to release personal information to third parties in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
International Data Transfers
You agree that all Personal Information collected via or by borderless™ may be transferred, Processed, and stored anywhere in the world, including but not limited to, in the cloud, or on the servers of our service providers. Your Personal Information that we collect may be transferred to countries that have different data protection rules than in your country. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to borderless, you explicitly consent to the storage of your Personal Information in these locations.
Your Choices and Rights
Although we will make good faith efforts upon your request to provide you with access to your information, there may be circumstances in which we are unable to provide access, including but not limited to: (i) where the information contains legal privilege; (ii) would compromise others’ privacy or legitimate rights; (iii) where the burden or expense of providing access would be disproportionate to the risks to your privacy; or (iv) where it is commercially proprietary.
If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
Choices Relating to Personal Information We Collect. (i) You may decline to provide Personal Information when it is requested by borderless, but certain Services or all of our Services may be unavailable to you; (ii) the Device you use to access our website or Services may collect information about you, including Geolocation Information and Technical Usage Data that borderless may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available on the Device.
Choices Relating to Our Use of Your Personal Data. (i) We work with partners and third party service providers to serve you advertising using ad-related Cookies and Web Beacons. You can opt out of third party advertising related Cookies and Web Beacons, in which case our advertising would not be targeted to you. You will continue to see our advertising on third party websites. For more information on third party advertising related Cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit http://optout.aboutads.info/?c=2&lang=EN . (ii) You may opt out of tracking and receiving tailored advertisements on your Device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices . (iii) If available, you may manage your preferences for finding and connecting with others from your borderless™ account.
Choices Relating to Cookies. When you access your borderless account, our website, or use our Services, to help make your experience simpler, our web server may send a Cookie to your Device. We may use a Web Beacon to deliver such Cookies. We may collect information from you automatically through Cookies or similar technology. Certain Cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other Cookies are used to remember you when you return to use our Services and, as such, will last longer.
We may share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through Cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your use of our Services.
Some of the Cookies used in our Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile Device browsers are set to automatically accept Cookies by default. However, you can change your browser settings to prevent automatic acceptance of Cookies, or to notify you each time a Cookie is set.
You may have options available to manage your Cookies preferences. For example, your browser or internet Device may allow you to delete, disable, or block certain Cookies and other tracking technologies. You can learn more by visiting AboutCookies.org or allaboutcookies.org, which include additional useful information on Cookies and how to block Cookies on different types of browsers and mobile Devices. You may choose to enable these options, but doing so may prevent you from using many or all of the features and functions available on our website or through our Services.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics.
To be clear, these Cookie-based opt-outs must be performed on each Device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each Device.
Your Choices Relating to Communication. We may send you marketing content about our website, Services, products, products we offer jointly with third parties, as well as the products and services of unaffiliated third parties via various communications. You may opt out of these communications by following the instructions in the marketing communications you receive. For messages sent via push notifications, you may manage your preferences in your Device. We will process your request within a reasonable time after receipt.
We will send communications to you that are required or necessary to send to users of our Services (such as digital receipts and messages about your account or our ongoing business relations), notifications that contain important information, and other communications that you request from us. You may not opt out of receiving this non-promotional communication.
Other Rights. In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right: (i) to request access and obtain a copy of your personal information (we may charge you a small fee for this service); (ii) to request rectification for any information that is inaccurate or incomplete; (iii) erasure under certain conditions; (iv) to restrict the processing of your Personal Information under certain conditions; and (v) if applicable, to data portability under certain conditions. In certain circumstances, you may also have the right to object to the processing of your Personal Information. If you make a request, we have thirty (30) days to respond to you after receipt of notification. To make such a request, please use the contact details provided in the Contact section, below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to Process your Personal Information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the Processing before its withdrawal.
Protecting Your Information
While we are dedicated to securing our systems and Services, you are solely responsible for securing and maintaining the privacy of your password(s) and borderless™ account and profile registration information and verifying that the Personal Information we maintain about you is accurate and current.
We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. If information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.
We are not responsible for protecting any Personal Information that we share with a third party based on an account connection that you have authorized.
Our website and Services are not directed to children under the age of thirteen (13). We do not knowingly collect or store information, including Personal Information, from children or other individuals who are not legally able to use our website and Services. If you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com . If we obtain actual knowledge that we have collected Personal Information from a child under the age of thirteen (13) (and in certain jurisdictions under the age of sixteen (16)), we will promptly take steps to delete such information and terminate the child’s account, unless we are legally obligated to retain such data.
California Privacy Rights
See section Privacy Notice For California Residents for supplemental information, which applies solely to users, clients, and others who reside in the State of California
You shall indemnify us and our representatives and hold us and our representatives harmless from and against any and all losses resulting from our non‐compliance with applicable privacy laws which are a direct consequence of your actions or omissions.
Our Data Protection Office is responsible for overseeing what we do with your information and monitoring our compliance with data protection laws.
borderless™ Data Protection Officer
1229 S. Shelby Street
Louisville, KY 40203
Privacy Notice For California Residents
Effective Date: January 1, 2020
borderless™ adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this notice.
Information borderless™ Collects
borderless™ collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“personal information”). Specifically, borderless™ has collected the following categories of personal information from consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA).
borderless™ obtains the categories of personal information listed above from the following categories of sources:
Directly from its clients. For example, from documents that clients provide to borderless™ related to the Services for which they engage.
Indirectly from its clients. For example, through information borderless™ collects from clients in the course of providing Services to them.
Directly and indirectly from activity on borderless’ website, www.getborderless.com. For example, from activity through borderless’ website portal.
From third-parties that interact with borderless™ in connection with the Services it performs.
Use of Personal Information
borderless™ may use or disclose the personal information it collects for one or more of the following business purposes:
To fulfill or meet the reason for which the information is provided. For example, if you provide borderless™ with personal information in order to carry out a transaction or receive Services, borderless™ will use that information to initiate the transaction or provide the Services.
To provide you with information, products or Services that you request from borderless™.
To provide you with email alerts, event registrations, and other notices concerning borderless’ products or Services, or events or news, that may be of interest to you.
To carry out obligations and enforce any rights arising from any contracts entered into between you and borderless™.
To improve borderless’ website and present its contents to you.
For testing, research, analysis and product development.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of borderless’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held is among the assets transferred.
borderless™ will not collect additional categories of personal information or use the personal information collected for materially different, unrelated, or incompatible purposes without first providing you notice.
Sharing Personal Information
borderless™ may disclose personal information to a third party for a business purpose. When borderless™ discloses personal information for a business purpose, it enters a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, borderless™ has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
borderless™ discloses your personal information for a business purpose to the following categories of third parties:
borderless’ affiliates and subsidiaries.
Third parties to whom you authorize us to disclose your personal information in connection with products or services borderless provides to you.
In the preceding twelve (12) months, borderless™ has not sold any personal information.
Your Rights and Choices
The CCPA provides California consumers with specific rights regarding their personal information. This section describes rights available under the CCPA and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that borderless™ disclose certain information to you about its collection and use of your personal information over the past 12 months. Once borderless™ receives and confirms your verifiable request, it will disclose to you:
The categories of personal information borderless™ collected about you.
The categories of sources for the personal information borderless collected about you.
borderless’ business or commercial purpose for collecting that personal information.
The categories of third parties with whom borderless™ shared that personal information.
The specific pieces of personal information borderless™ collected about you.
If borderless™ sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that borderless™ delete any of your personal information that it collected from you and retained, subject to certain exceptions. Once borderless™ receives and confirms your verifiable consumer request, it will delete, and direct its service providers to delete, your personal information from its records, unless an exception applies.
borderless™ may deny your deletion request if retaining the information is necessary for borderless™ or its service providers to:
Complete the transaction for which borderless™ collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of the ongoing business relationship with you, or otherwise perform a contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to borderless™ by emailing firstname.lastname@example.org.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows borderless™ to reasonably verify you are the person about whom it collected personal information or an authorized representative.
Describe your request with sufficient detail that allows borderless to properly understand, evaluate, and respond to it.
borderless™ cannot respond to your request or provide you with personal information if it cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to establish an account with borderless™. borderless™ will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
borderless™ makes reasonable efforts to respond to a verifiable consumer request within forty-five (45) days of its receipt. If borderless™ requires more time, but in no event more than ninety (90) days, it will inform you of the reason and extension period in writing. borderless™ will deliver its written response by mail or electronically. Any disclosures borderless provides will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response borderless™ provides will also explain the reason(s) it cannot comply with a request, if applicable. For data portability requests, borderless™ will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
borderless™ does not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If borderless™ determines that the request warrants a fee, it will tell you why it made that decision and provide you with a cost estimate before completing your request.
borderless™ will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, borderless™ will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to the Privacy Notice for California Residents
borderless™ reserves the right to amend this notice at its discretion and at any time. When borderless™ makes changes to this notice, it will notify you by email or through a notice on its website, www.getborderless.com.
Mail: borderless LLC
Attn: Data Protection Officer
1229 S Shelby Street
borderless™ Acceptable Use Policy
You are independently responsible for complying with all applicable laws in all of your actions related to your use of our Services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
A. Prohibited Business Types and Activities
You may not use our Services and we do not provide Services to customers engaged in activities that:
violate any law, statute, ordinance or regulation;
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety; (b) drugs or drug paraphernalia; (c) tobacco products; (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity; (e) stolen goods, including digital and virtual goods; (f) the promotion of hate, violence, racial, or other forms of intolerance that are discriminatory or the financial exploitation of a crime; (g) items that are considered obscene; (h) illegal downloads or any other items, goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right of any third party under the laws of any jurisdiction; (i) certain sexually oriented materials or services; (j) ammunition, firearms, or certain firearm parts or accessories; (k) certain weapons or knives regulated under applicable law; (l) beastiality; (m) rape / violence; (n) any payment for sexual services; (o) illegal or stolen goods or services; (p) counterfeit goods; (q) resale of social media activity; (r) malware, spyware; (s) phone unlocking services;
relate to transactions that (a) show the personal information of third parties in violation of applicable law; (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” or money-making schemes or certain multi-level marketing programs; (c) are associated with purchases of annuities contracts, layaway systems, off-shore banking; (d) are for the sale of certain items before the seller has control or possession of the item; (e) involve offering or receiving payments for the purpose of bribery or corruption; (f) gambling; (g) involve certain credit repair, debt settlement services, credit transactions or insurance activities; (h) any other activity with an entry fee and a prize, including, but not limited to casino games, poker chips, sports betting, horse or greyhound racing, fantasy sports, and other ventures that facilitate gambling, games of skill and sweepstakes;
involve the sale of products or services identified by government agencies to have a high likelihood of being fraudulent.
B. Cautionary Business Types and Activities
borderless™ requires enhanced review and pre-approval for certain activities and services as detailed below:
buyer clubs/membership clubs; credit counseling/credit repair services; credit protection/identity theft protection; direct marketing-subscription merchants; infomercial merchants; outbound telemarketers; rebate-based businesses; upselling merchants; travel, tickets, & events; e-books;
alcohol; auction/bid; movies and music; unlock software / services; streaming; registry cleaners; PC technical support; financial recommendations; astrology/tarot card;
online marketplaces; file sharing services or access to newsgroups; MSBs; foreign exchange; selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; providing escrow services; acting as a money transmitter or selling stored value cards;
dating services; file-sharing; file-hosting services; medical/therapy services; gold, diamonds, precious metals, stones, jewelry; insurance; charities or non-profits;
internet pharmacies; internet pharmacy referral sites; nutraceuticals; pharmaceutical inhalants; synthetic drugs; prescription drugs;
bride catalogs; escort services; pawn shops; paper mills; payday loans; communications jammers; load balancing;
airlines and scheduled or non-scheduled charters / jets / air taxi operators; collecting.
C. Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to borderless™ immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email borderless™’ Compliance Department at: email@example.com.
borderless™ Countries of Service
borderless™ for Business and Personal use is currently available for individuals and companies registered with a physical presence in the United States, Canada, and Australia.
If you have any questions or concerns regarding our Countries of Service Policy, please contact us at firstname.lastname@example.org.
We will be expanding outside of these countries soon. Feel free to register your interest by clicking here and we’ll notify you when our services are available in your country.
borderless™ Currencies of Service
Here is a list of the currencies supported by borderless™ today for Business and Personal use for individuals and companies:
AUD, Australian Dollars
CAD, Canadian Dollars
USD, US Dollars
If you have any questions or concerns regarding our Currencies of Service list, please contact us at email@example.com.
If you do not see your currency, feel free to register your interest by clicking here and we’ll notify you when our services are available in your currency.
borderless™ Electronic Communications Delivery Policy
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your borderless account (“Account”) and your use of our Services. We will provide these Communications to you by posting them on our website or your borderless account and / or by emailing them to you at the primary email address listed in your Account profile. Communications include, but are not limited to:
transaction receipts or Confirmations;
Account statements and history;
federal and state tax statements we are required to make available to you;
any other Account or transaction information.
You agree that any such Communications that we send you electronically will satisfy any legal communication requirements. You may print or save a copy of these Communications as they may not be available online at a later date.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
a computer with an internet connection;
a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 9.0 and above, Firefox version 4.0 and above, Chrome version 4.0 and above, or Safari 5.0 and above) with cookies enabled;
Adobe Acrobat Reader version 10.0 and above to open documents in .pdf format;
a valid email address (your primary email address on file with borderless);
sufficient storage space to save past Communications or an installed printer to print them.
Withdrawal From Electronic Delivery
You agree and consent to receive all Communications electronically as set forth in this Electronic Communications Delivery Policy. If you do not consent, your sole remedy is to deactivate your borderless™ account and discontinue using our Services.
IT IS YOUR RESPONSIBILITY TO KEEP YOUR PRIMARY EMAIL ADDRESS UP TO DATE SO THAT WE CAN COMMUNICATE WITH YOU ELECTRONICALLY. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add borderless™ to your email address book so that you will be able to receive the Communications we send to you.
Updating Your Contact Information
You can update your primary email address at any time by logging into your borderless™ account and updating your profile settings. If your email address becomes invalid such that electronic Communications sent to you by us are returned, we may deem your Account to be inactive, and you will not be able to transact any activity using your Account until we receive a valid, working primary email address from you.
If you have any questions or concerns regarding our Electronic Communications Delivery Policy, please contact us at firstname.lastname@example.org.
borderless™ Proof of Shipment and Proof of Delivery Policy
This Proof of Shipment and Proof of Delivery Policy will be effective as to all borderless™ users on January 1, 2020.
Establishing Proof of Shipment. Proof of Shipment means online or physical documentation from a shipping company that includes: (i) date of shipment; (ii) an address for the recipient that matches the shipping address on the valid receipt of purchase; and (iii) an address for the recipient that shows city / state, city / country, and zip / postal code (or international equivalent).
Establishing Proof of Delivery. Proof of Delivery means online or physical documentation from a shipping company that includes: (i) date of delivery and “delivered” status; (ii) an address for the recipient that matches the shipping address on the valid receipt of purchase; (iii) an address for the recipient that shows city / state, city / country, and zip / postal code (or international equivalent); and (iv) Signature Confirmation if the full amount of the payment (including shipping and taxes) exceeds $500 USD or the equivalent based on the borderless™ Rate at the time of purchase.
Valid Receipt means a written acknowledgment, issued by the seller on the date of purchase, of the recipient having received or taken into possession, a specified amount of physical goods.
Signature Confirmation means online or physical documentation that can be viewable at the shipping company’s website or produced by the shipping company at our request indicating that the good was signed for.
We may invalidate and reverse payments to you for any reason including if you do not fulfill the transaction as promised. If you cannot provide Proof of Shipment and Proof of Delivery when requested as defined in this Proof of Shipment and Proof of Delivery Policy, the transaction will be deemed to be unfulfilled and the payment to you for the disputed goods will be reversed.
Your choice of carrier and shipment options with that carrier can have a significant impact on your ability to meet the Proof of Delivery requirements. Please ensure, especially when shipping goods internationally, that your carrier can provide “delivered” status and Signature Confirmation (if required) at the correct address or your payment may be reversed.
If you have any questions or concerns regarding our Proof of Shipment and Proof of Delivery Policy, please contact us at email@example.com.
Anti-Money Laundering and Anti-Terrorist Financing Policy
(a) Money Laundering is generally defined as engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the proceeds appear to have derived from legitimate origins or constitute legitimate assets.
(b) Terrorist Financing may not involve the proceeds of criminal conduct, but rather an attempt to conceal either the origin of the funds or their intended use, which could be for criminal purposes.
Borderless has robust policies and procedures to detect, prevent and report suspicious activity. In support of our AML and Anti-Terrorist Financing policy and procedures, borderless:
(a) Identifies our Customers. borderless has established a Know-Your-Customers (“KYC”) policy to ensure that the identities of all new and existing clients are verified to a reasonable level of certainty. Customer information is collected during registration and during transactions. In verifying customer information, borderless will perform enhanced due diligence for those customers presenting higher risk and may require additional information, such as photo identification. We may request that you provide us with documentation to help prove your identity or for business verification purposes.
(b) Monitors Transactions and Activities. borderless conducts ongoing monitoring of business relationships with customers, to ensure that the documents, date or information held evidencing the customer’s identity are kept up to date. borderless will also monitor customer activities to detect fraud, terrorist financing or money laundering activities, including but not limited to: (i) placement; (ii) layering; and (iii) integration of funds.
(c) Screens our Accounts. borderless is prohibited from transacting with individuals, companies and countries that are on prescribed Sanctions lists. We will screen all users against European Union, US Office of Foreign Assets Control (OFAC), government watch lists and other global sanctions lists in all jurisdictions in which we operate.
(d) Reports Suspicious Activity. borderless will actively search for suspicious activity and if found, has procedures in place for reporting suspicious activity internally and to the relevant law enforcement authorities, the financial intelligence unit in the respective country as appropriate, as well as make recommendation as to whether a Suspicious Activity Report (“SAR”) should be filed.
Our AML policies, procedures and internal controls are designed to ensure compliance with all applicable BSA regulations and Financial Industry Regulatory Authority (“FINRA”) rules, and will be reviewed and updated on a regular basis to ensure appropriate policies, procedures and internal controls are in place to account for both changes in regulations and changes in our business.
What This Means For You
As part of our AML procedures, we collect information from you to satisfy our KYC requirements. We may request information from you due to a specific identification requirement or as a result of our watch list screening process. We may ask you for documentation to help confirm your identity or provide additional information regarding your business. We may also request that you seek pre-approval for utilizing our Services if your account falls within a high risk category, as listed in our Acceptable Use Policy.
We may ask for this information during account opening or as part of our account review process, which we periodically conduct on our existing customers.
Terms and conditions for payment processing promotional credits
borderless is offering to select partner members fee-free processing volume, enhanced support, and early access to new borderless products. Valid for up to 90 days from date applied to an activated borderless account. Available to first time business account users only.
- The promotional credit represents the payment volume that the business account receives using borderless. The promotional credit is non-transferable and may not be sold or bartered.
- Business accounts are eligible for promotional credit if they are new to borderless and signed up using our promotional code.
- Business accounts will be charged for all payments processing that exceeds the promotional credit. Accounts will not be notified once the promotional credit is exhausted.
- Offer subject to account approval, valid registration, and acceptance of the borderless Terms and Conditions.
- After entering the promotional code, business accounts must at least collect $2,000 using borderless within 60 days. Business accounts may be required to accrue a higher minimum amount of processing before the credit is reimbursed.
- After 60 days, business accounts will be reimbursed only for the processing fees of the payment volume processed incurred during the promotion up to the promotional credit.
- The credit is applied as a reimbursement after 60 days from account creation. The account holder will contact borderless to claim the reimbursement. The reimbursement will be issued typically within 10 business days using borderless. The customer will pay the processing fee of the reimbursement.
- Offer may be revoked at any time for any reason by borderless.
- Business accounts are responsible for the payment of any taxes incurred.
- One promotional credit per business account.
- If you create your borderless account in a different currency than the one in which your promotional credit has been awarded, the actual amount of the promotional credit may be subject to foreign currency fluctuations.
- Offer valid only for business accounts with billing address in the United States, Canada and Australia.
- Offer expires 2 months after the account has been created.
- The use of this voucher and/or the promotional credit constitutes your acceptance of these terms and conditions. Offer void where prohibited by law.
- Sorry we put you through all this legal jargon!