1.   DEFINITIONS

1.1.    CROSS BORDER HUB LLC, a company existing and organized under the laws of the State of Florida, USA (hereafter “CROSS BORDER HUB”, “CBH”, “us” or “we”) is a specialized company in technology and logistics that offers a solution to monitor, ship and track orders/packages. This solution is executed through the CBH platform application to provide an efficient logistic that starts from any CBH logistic center to the rest of the world.

1.2.    Website and the Digital Platform including all content made available through the website, (hereafter “Site”) owned, supported, and operated by CBH.

1.3.    User: CBH Customer, in any way.

1.4.    Recipient: Natural or Legal Person to whom the package will be delivered at destination country.

1.5.    Platform: Software used to manage the Services offered to the User on the my.cb-hub.com

1.6.     Marketplace: virtual shopping centers, where sellers from different brands and locations can sell their products.

1.7.     E-commerce: seller who sells its products through an exclusive and personalized website.

1.8.    SaaS Platform: Software-as-a-service

2.   SERVICE

2.1.    CBH may, from time to time, modify, amend, or supplement these Terms. If you maintain an account balance with CBH, you hereby agree to and consent to the terms provided in Exhibits 3, which immediately follows these Terms and shall become a part of these Terms.

2.2.    The services and products (hereafter “Services”) provided to you are subject to the following:

2.2.1.    SaaS Platform

2.2.2.    Process order from marketplaces or e-commerce’s.

2.2.3.    Warehousing the packages when it arrives at CBH third-party warehouse.

2.2.4.    Transportation to airport rendered by CBH third-party.

2.2.5.    Distribution to customer rendered by CBH third-party carrier.

2.2.6.    Shipping documents to airfreight.

2.2.7.    Provide remote technical support, if included in the chosen SaaS Plan on working days of the city of Miami, FL, and business hours (from 9:00 am to 5:00 pm) through e-mail, chat, or phone to solve operational problems, clarify doubts about the system operation.

2.3.    The Services are generated using the information technology embedded in CBH digital platform, which will direct the execution of shipment, screening, and customs clearance of Products of users regularly registered.

2.4.    The Services will direct the User to the hiring of third parties who are members of the logistic chain.

2.5.    CBH shall not be liable for any divergent information provided by the User that may affect or prevent the fulfillment of the Services at any stage of its execution.

2.6.    Regarding controlled products, or that by their nature require any specific authorization, licensing, certification, or approval for the release of their shipment and transportation, it is said that such procedures are the sole responsibility of the User.

2.7.    By checking on the acceptance box in the onboarding website or in the App, you represent that you have read, understood, and you agree to be bound by these Terms including any future modifications. If you do not agree to abide by these Terms you are not authorized to use, access or use the Services.

3.   ACCOUNT DURATION

3.1.    While CBH reserves the right to cancel your account for lack of use, lack of payment, or breach of these Terms. As a general matter, all CBH user accounts are maintained perpetually unless and until cancelled by the user. Following any account cancelation, CBH may maintain certain account settings and information for a period in the event of account re-activation. The period CBH maintains account information shall be in the sole discretion of CBH.

4.   FREE TRIAL OFFER TERMS

4.1.    If you select to sign up for use the CBH platform “free trial”, then you will not be charged of the SaaS Service (Exhibits 4) for the period of the free trial offer; i.e., even if you fail to cancel following the trial period, you will not incur a service fee for the trial time period. At the conclusion of the free trial, if you wish to cancel the service you may send an email to [email protected]. You will be asked to verify your account information and confirm your intent to cancel your account.

5.   ACCOUNT CANCELLATION/TERMINATION

5.1.    You may terminate your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, you may do so by sending an email to [email protected] . You will be asked to verify your account information and confirm your intent to cancel your account.

5.2.    SaaS Service Plan. You are free to end your SaaS service plan at any time.

5.2.1.    If you terminate your monthly service plan within the first ninety (90) days from signing up, you will not be charged any service fee.

5.2.2.    If you terminate your SaaS Service Plan after the first ninety (90) days your account will remain open and accessible until the end of that month’s billing cycle, no refund will be given, and the account will be closed and no longer accessible.

6.   OPERATIONAL REQUIREMENTS

6.1.    Please review our OPERATIONAL REQUIREMENTS attached herein (Exhibit 1), which contains all important requirements applicable Services provide by CBH. 

7.   DATA PROTECTION POLICY

7.1.    Please review our DATA PROTECTION POLICY attached herein (Exhibit 2), which is part of this Terms, and it also governs your use of the Services.

8.   LICENSE AND ACCESS

8.1.    CBH grants the User a limited, non-transferable license to access the Platform, developed and implemented by CBH. And points out that:

8.1.1.    May not derive or attempt to derive the source code from all or any part.

8.1.2.    Allow third parties to derive or attempt to derive such source code, or to reverse engineer, decompile, disassemble, or translate any part thereof.

9.   USER’S REPRESENTATIONS AND WARRANTIES

9.1.    You represent and warrant to CBH that:

9.1.1.   Your access to and use of the Platform will be in accordance with these Terms of Service and with all applicable laws and regulations of the United States of America and any other relevant jurisdiction where the Service runs, as well as those relating to data transmission or information exported from the United States of America and/or the jurisdiction where the Services will be performed.

9.1.2.   That the package strictly follows the requirements of local authorities, including without limitation regulatory agencies, in the country of origin and in the country of destination.

9.1.3.   That you are NOT (a) using a false email address; or (b) impersonate any person or entity, or otherwise mislead as to the origin of an order or payment.

10.       THE SITE, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

10.1. Users of the Platform may post comments, reviews and other content and submit suggestions, etc., as long as the content does not contain any illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or content that is racially, ethnically or otherwise objectionable, or content that infringes the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you have no right or authorization to use. CBH reserves the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.

10.2. CBH does not claim ownership of the materials you supply to CBH. However, if you do post content and unless we indicate otherwise, you grant CBH or any of its subsidiaries or agents, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CBH the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CBH or its subsidiaries or agents, for all claims resulting from content you supply. CBH has the right but not the obligation to monitor and edit or remove any activity or content. CBH takes no responsibility and assumes no liability for any content posted by you or any third party.

11.       RISK OF LOSS AND INSURANCE

11.1. All packages to be shipped using the Services are made pursuant to a shipment contract with a courier or a carrier. Thus, you understand and agree that the risk of loss and title for the package are borne by the courier or carrier. CBH has a mandatory pack protection offered exposed at Exhibit 3.

12.       COPYRIGHT

12.1. All content included in or made available through the Services, such as trademarks, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CBH or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Services are the exclusive property of CBH and protected by U.S. and international copyright laws.

13.       PLATFORM AVAILABLE ON THE SITE

13.1. All Platform is owned by CBH and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Platform is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any server or other location for reproduction or redistribution is expressly prohibited.

14.       TRADEMARK

14.1. CROSS BORDER HUB’s trademark may not be used in connection with any product or service unless previously authorized by CBH.

14.2. The website, any portion of and any materials made available by CBH through the website, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by CBH.

15.       COPYRIGHT INFRINGEMENT

15.1. CBH respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected] .

16.       RATES AND CHARGES

16.1. For the Services provided by CBH, the price will follow the payment terms and the amounts as detailed in the price tables attached herein as Exhibit 3 (logistic services) and Exhibit 4 (SaaS Platform).

16.2. All the services will be provided on a pre-paid basis and the values will be deducted from your e-Wallet (account) with CBH.

16.3. All such rates and charges are exclusive of VAT or State Sales Tax. CBH agrees that there are no other rates, charges, additional costs, or surcharges except those agreed to in writing as presented in Exhibit 3 and in advance of any given project or works.

16.4. Surcharges are usually rated to changes in underlying airfreight contract prices, current market freight and exchange rates. Surcharges can be announced 15 (fifteen) days in advance and not be part of the general rate.

16.5. CBH reserves the right, at any time, to make changes of any nature in the Platform used to manage the services offered to the User in the following domains cb-hub.com  and my.cb-hub.com

17.       SANCTIONS AND EXPORT POLICY

17.1. You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

18.       IMPORT AND EXPORT CONTROL

18.1. This Terms shall be subject to, and the Parties shall comply with, all import and export control laws, statutes, regulations, rules, orders, licenses, requirements, and governmental requests applicable to imports, exports and/or transactions pursuant to or in connection with this Terms, where applicable.

19.       DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

19.1. This site, Services and platform are provided by CBH “as is”.

19.2. CBH makes no representations or warranties of any kind, express or implied, as to the operation of the site or platform, or the information, content, materials or products included in this site and the platform. To the maximum extent permitted by applicable law.

19.3. CBH disclaims all warranties, express or implied, including, but not limited to, implied warranties of infringement, merchantability, and fitness for a particular purpose. Supplier shall not be liable for any damages of any kind arising out of your use of this site, the Services, or the software, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. CBH does not promise or guarantee uninterrupted or error-free services.

19.4. CBH is not responsible for any delay caused by user’s error or omission or for any delay caused by customs authorities at destination.

19.5. CBH does not warrant that the service, information, content, materials, products (including platform) or other services included on or otherwise made available to you through the service or electronic communications sent from CBH are free of viruses or other harmful components.

20.       DISPUTES RESOLUTION AND CLASS WAIVER

20.1. Any dispute or claim relating in any way to your use of the Services will be adjudicated in the State or Federal courts in Miami-Dade County, Florida, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

21.       APPLICABLE LAW GOVERNING LAW

21.1. By using the Platform, you agree that applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CBH.

21.2. This Term shall be governed exclusively by and construed in accordance with the laws of the State of Florida.

22.       SITE POLICIES, MODIFICATION, AND SEVERABILITY

22.1. Please review our other policies, such as Acceptable Use Policy, posted on this site. These policies are part of and incorporated to these Terms of Service and it will also govern your use of CBH Service. We reserve the right to make changes to these Terms of Service at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

23.        LINKS TO THIRD PARTY WEBSITES

23.1. CBH may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of CBH and CBH is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You should contact the site administrator or webmaster of those linked sites if you have any questions about these links or the content located on those linked sites. You are responsible for following the terms and conditions of all linked sites, including carriers and other third-party service CBHs.

23.2. You expressly acknowledge and agree that CBH shall not be responsible or liable, directly, or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

24.       MISCELLANEOUS

24.1. These Terms of Services constitute the entire agreement between CBH and you concerning the subject matter hereof. If any of the Terms of Services are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. A waiver by CBH or you of any provision of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. CBH may assign its rights or obligations under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of CBH and you, and CROSS BORDER HUB’s and your respective successors and permitted assigns.