Borderly

Terms of Service

Effective date: June 26, 2026 · Last updated: July 9, 2026

These Terms of Service ("Terms") govern your access to and use of the Borderly platform and all related services, software, websites, and documentation (collectively, the "Service") provided by October Moon LLC, a limited liability company, doing business as Latitude 10 ("Company," "we," "us," or "our").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you ("Customer," "you," or "your") agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and references to "you" mean that entity.

If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

  • "Authorized User" means any individual you permit to access the Service under your account.
  • "Content" means all data, documents, files, text, and information you or your Authorized Users upload, transmit, or store through the Service.
  • "Documentation" means any written or electronic materials we provide describing the features and operation of the Service.
  • "Order Form" means any written, electronic, or online ordering document or registration page specifying the subscription plan you have selected.
  • "Subscription Plan" means the tier of service (Free, Growth, Business, Pro, or Enterprise) as defined on our pricing page.

2. The Service

Borderly is a software-as-a-service platform that provides tools to help businesses organize export shipment data, generate compliance checklists, review documentation, perform preliminary denied-party screening, and otherwise manage cross-border export workflows. The Service is a productivity and information management tool only.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We may update features, change pricing for future billing cycles, or retire functionality. We will provide at least 30 days' notice before discontinuing a material feature of a paid Subscription Plan.

3. No Legal, Compliance, or Professional Advice

THE SERVICE DOES NOT CONSTITUTE LEGAL ADVICE, REGULATORY COMPLIANCE ADVICE, TRADE COMPLIANCE COUNSEL, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. Nothing in the Service, its outputs, notifications, reports, readiness scores, compliance checklists, or denied-party screening results should be construed as a legal opinion or as a representation that your shipments, products, transactions, or business practices comply with any applicable law, regulation, or governmental requirement.

Export and import regulations — including but not limited to the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the Office of Foreign Assets Control (OFAC) sanctions programs, the EU Dual-Use Regulation, and the export control laws of all other applicable jurisdictions — are complex, frequently changing, and highly fact-specific. You are solely and exclusively responsible for ensuring that all of your export and import activities comply with all applicable laws and regulations.

We strongly recommend that you engage qualified export control counsel, trade compliance professionals, and other appropriate advisors before making any compliance determinations. The Company and its officers, directors, employees, contractors, and agents expressly disclaim any liability arising from your reliance on any information, output, or recommendation generated by the Service as a substitute for qualified professional advice.

4. Sanctions and Denied Party Screening Limitations

The Service may include features that screen counterparty names against publicly available government watchlists, including the U.S. Consolidated Screening List (CSL), which aggregates lists maintained by the Departments of Commerce, State, and Treasury. These screening results are informational only and do not constitute a legal compliance determination.

Denied-party screening is inherently limited by name matching algorithms, data availability, the timing of list updates, transliteration variations, spelling differences, and the impossibility of screening against all worldwide watchlists. A "no match" result from the Service does not mean that a party is not a sanctioned person or entity, or that a transaction is permissible under applicable sanctions law.

You remain solely responsible for conducting your own due diligence, including but not limited to screening against all applicable sanctions lists, verifying end-user certifications, and obtaining any required export licenses or authorizations.

The Company expressly disclaims all liability for any regulatory action, fine, penalty, seizure, criminal prosecution, civil lawsuit, or other consequence arising from your reliance on the Service's screening outputs or your failure to independently verify the status of any party or transaction.

5. Duty, Tax, and Landed Cost Estimates

The Service may include features that estimate import duties, taxes, fees, and total landed cost for a shipment (the "Duty Calculator"). THESE ESTIMATES ARE PROVIDED FOR PLANNING PURPOSES ONLY. THEY ARE NOT A BINDING CUSTOMS QUOTE, A GUARANTEE OF THE AMOUNT ANY CUSTOMS AUTHORITY WILL ASSESS, OR A SUBSTITUTE FOR A FORMAL CUSTOMS RULING OR ADVICE FROM A LICENSED CUSTOMS BROKER.

Duty Calculator results may be produced by a third-party landed-cost provider, by a free government tariff-rate source, or — when neither is available or configured — by an internal estimate derived from static, periodically reviewed reference tables. Depending on which source produced a given result, it may be a live third-party calculation, an authoritative government rate for a specific product classification, or a coarse estimate not specific to your product's exact tariff classification. The Service labels which source produced each result, but in all cases actual duties, taxes, and fees assessed by any customs authority may differ — sometimes materially — from any estimate shown in the Service, due to factors including but not limited to product misclassification, changes in tariff schedules or trade agreements, currency fluctuation, valuation disputes, and country-specific administrative practices.

You are solely responsible for verifying duty, tax, and fee amounts with a licensed customs broker or the relevant customs authority before relying on any figure for pricing, quoting, or financial decisions. The Company expressly disclaims all liability for any financial loss, shipment delay, customs penalty, or other consequence arising from a discrepancy between an estimate shown in the Service and the amount actually assessed.

6. Account Registration and Security

To use the Service, you must register for an account and provide accurate, current, and complete information. You must keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must immediately notify us at legal@latitude10.tech of any unauthorized use of your account or any other security breach. We will not be liable for any loss or damage arising from your failure to maintain the security of your credentials.

You may not share your account credentials with unauthorized parties, create accounts by automated means, or register accounts under false identities. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in a manner that violates these Terms.

7. Subscription Plans, Fees, and Payment

Access to certain features of the Service requires a paid Subscription Plan. Fees are billed in advance on a monthly or annual basis as specified in your Order Form. All fees are stated in U.S. dollars and are non-refundable except as expressly set forth in these Terms or required by applicable law.

We use Stripe, Inc. as our payment processor. By providing payment information, you authorize us to charge your payment method for all fees due. If a payment fails, we may suspend your access to paid features until payment is received. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Free Trial. If we offer a free trial, access is provided "as is" without any warranty. We reserve the right to terminate a free trial at any time and for any reason. After the trial period, continued use requires a paid Subscription Plan.

Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing period. We do not provide refunds for partial billing periods except where required by law.

8. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable local, national, or international law or regulation, including any export control or sanctions law;
  • Upload, transmit, or store Content that infringes any third-party intellectual property right, is defamatory, obscene, fraudulent, or otherwise unlawful;
  • Attempt to gain unauthorized access to the Service, its systems, or other users' accounts;
  • Engage in any activity that disrupts, damages, or impairs the integrity or performance of the Service;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
  • Reproduce, resell, sublicense, or commercially exploit the Service without our prior written consent;
  • Use automated tools to scrape, crawl, or extract data from the Service;
  • Circumvent any usage limits, quotas, or access controls imposed by the Service;
  • Facilitate the shipment of goods, technology, or services to a party or destination in violation of applicable sanctions or export control laws.

We reserve the right, but not the obligation, to investigate and take action against any use of the Service that we determine, in our sole discretion, violates these Terms or applicable law, including removing Content, suspending accounts, and reporting to law enforcement.

9. Customer Content

You retain all ownership rights in your Content. By submitting Content to the Service, you grant us a limited, non-exclusive, royalty-free license to host, store, process, and display your Content solely to the extent necessary to provide the Service to you.

You represent and warrant that: (a) you own or have the necessary rights to your Content; (b) your Content does not violate the rights of any third party; and (c) your Content does not violate any applicable law, including any export control law or regulation.

You are solely responsible for the accuracy, legality, and completeness of your Content.We do not verify or validate the accuracy of shipment data, HS codes, ECCN classifications, product descriptions, counterparty names, or any other information you enter into the Service.

10. Intellectual Property

The Service, including its software, algorithms, user interface, reports, scoring methodologies, rule sets, documentation, trademarks, logos, and other materials, are owned by or licensed to October Moon LLC and are protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any ownership interest in the Service.

Any feedback, suggestions, or ideas you provide regarding the Service ("Feedback") may be used by us without restriction or compensation to you. You hereby assign to us all right, title, and interest in and to any Feedback.

11. Confidentiality

Each party may receive confidential information from the other party. "Confidential Information" means any non-public information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information (but in no event less than reasonable care); (b) not disclose Confidential Information to any third party without the disclosing party's prior written consent; and (c) use Confidential Information only to exercise rights and fulfill obligations under these Terms. This obligation does not apply to information that is or becomes publicly known through no breach of these Terms.

12. Third-Party Services

The Service integrates with and relies on third-party services, including but not limited to Supabase (database and storage), Stripe, Inc. (payment processing), Resend (transactional email), Trigger.dev (background job processing), Sentry (error monitoring), Vercel, Inc. (hosting and infrastructure), and the U.S. Department of Commerce Trade.gov API (denied-party data). Your use of the Service is subject to the terms and policies of these third parties, and we are not responsible for their acts or omissions.

The Service may also contain links to third-party websites or resources. We do not endorse and are not responsible for the availability, accuracy, or content of any third-party websites or resources, and we are not liable for any loss or damage that may arise from your use of them.

13. Disclaimer of Warranties

Read carefully

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

THE COMPANY PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PARTICULAR PURPOSE; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; (D) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PURPOSE; (E) ANY DENIED-PARTY SCREENING RESULTS ARE EXHAUSTIVE, CURRENT, OR LEGALLY SUFFICIENT FOR EXPORT COMPLIANCE PURPOSES; OR (F) THE SERVICE WILL IDENTIFY ALL APPLICABLE EXPORT CONTROL REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

14. Limitation of Liability

Read carefully

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS; REGULATORY FINES, PENALTIES, OR SANCTIONS IMPOSED ON YOU BY ANY GOVERNMENTAL AUTHORITY; COSTS OF EXPORT LICENSE APPLICATIONS OR REMEDIATION; LOSSES ARISING FROM DELAYED, SEIZED, OR REFUSED SHIPMENTS; OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE — EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, suits, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

  • your access to or use of the Service;
  • your Content or any information you submit through the Service;
  • your violation of these Terms;
  • your violation of any applicable law, regulation, or third-party right, including any export control law, sanctions regulation, or intellectual property right;
  • any regulatory investigation, fine, penalty, or enforcement action brought against any Company Party in connection with your use of the Service or your export or import activities;
  • any actual or alleged infringement of any third-party intellectual property right by your Content; or
  • any dispute between you and any third party, including your customers, suppliers, carriers, or governmental authorities.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.

16. Term and Termination

These Terms remain in effect for as long as you maintain an account with the Service. We may suspend or terminate your access to the Service immediately, with or without cause, and without liability, in the event you breach any provision of these Terms, fail to pay fees when due, or if we are required to do so by law or regulatory authority.

Upon termination: (a) all licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the Service; and (c) we may delete your Content after a reasonable retention period, subject to our Privacy Policy and any applicable legal hold requirements.

Sections 3, 4, 5, 9 (ownership representations), 10, 13, 14, 15, 17, and 18 survive any termination or expiration of these Terms.

17. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved by good-faith negotiation shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.

18. General Provisions

  • Entire Agreement. These Terms, together with the Privacy Policy and any applicable Order Form, constitute the entire agreement between you and the Company regarding the Service and supersede all prior and contemporaneous understandings.
  • Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
  • No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
  • Assignment. You may not assign or transfer any rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or operation of law.
  • Force Majeure. We will not be liable for any delay or failure in performance resulting from circumstances beyond our reasonable control, including acts of God, government actions, war, labor disputes, internet service interruptions, or cyberattacks.
  • Notices. Legal notices to the Company must be sent by email to legal@latitude10.tech and by certified mail to the address below. We may send notices to you at the email address associated with your account.
  • Export Compliance. You agree that you will not export, re-export, or transfer the Service or any technical data obtained through the Service to any person, entity, or destination in violation of any applicable export control law or regulation.

19. Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will provide at least 30 days' notice by email to your registered address or by posting a prominent notice in the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription before the effective date.

20. Contact Information

October Moon LLC, d/b/a Latitude 10
Email: legal@latitude10.tech
General inquiries: hello@latitude10.tech