1. Agreement and precedence
The Platform is provided as part of the advisory services BorderlessCX delivers to its clients. If your organisation has signed a services agreement, statement of work or other written contract with BorderlessCX (a "Services Agreement"), that agreement governs the commercial terms of the engagement. If there is a conflict between these Terms and a Services Agreement, the Services Agreement prevails for that organisation.
Our Privacy Policy explains how we handle personal information and forms part of these Terms.
2. Eligibility and accounts
Access to the Platform is by invitation only. You may use the Platform only if you are at least 18 years old and have been invited by BorderlessCX or by an authorised administrator of your organisation's workspace. You must provide accurate account information and keep it up to date.
You are responsible for all activity that occurs under your account and for keeping your credentials, invitation links and booking passwords confidential. Do not share your account with anyone. Notify us immediately if you believe your account has been compromised.
3. The Platform
The Platform lets BorderlessCX and its clients run structured assessments, record findings, observations and recommendations, manage action plans and milestones, store supporting documents, record payment milestones and schedule meetings. We may change, add or remove features at any time, and we may suspend or discontinue the Platform with reasonable notice where practicable.
4. Your content and responsibilities
"Your Content" means the information, records and files that you or your organisation submit to the Platform. You and your organisation retain all rights in Your Content. You grant BorderlessCX a non-exclusive, worldwide licence to host, store, process, display and transmit Your Content solely to provide the Platform and related services to your organisation and as otherwise permitted by the Services Agreement.
You represent and warrant that:
- You have all rights, permissions and consents needed to submit Your Content, including any personal information about your customers, employees or contacts.
- Your Content does not infringe or misappropriate any third party's rights and does not violate any law.
- You will not upload payment card numbers, government identification numbers, health records or other special categories of data unless the Services Agreement expressly allows it.
- You are responsible for the accuracy and completeness of Your Content and for keeping your own backups of any information you need.
5. Acceptable use
You agree not to:
- Access or attempt to access workspaces, records or documents you are not authorised to view.
- Share, forward or publish invitation links, booking passwords or Platform content outside the people who are entitled to see it.
- Reverse engineer, scrape, probe, overload or interfere with the Platform or its security features.
- Upload malicious code or content that is unlawful, defamatory, harassing or infringing.
- Use the Platform to build a competing product or to benchmark it for publication without our written consent.
- Use the Platform in violation of applicable law, including export control and sanctions laws.
We may suspend or remove access without notice if we reasonably believe these Terms have been breached or the security of the Platform or its users is at risk.
6. Confidentiality
Assessment findings, recommendations, action plans, pricing and other non-public information exchanged through the Platform are confidential. Each party will use the other's confidential information only for the purposes of the engagement, will protect it with at least reasonable care, and will not disclose it to third parties except to its employees, advisers and service providers who need to know it and are bound by confidentiality obligations, or where disclosure is required by law.
7. Nature of assessments and recommendations
Assessments, scores, observations and recommendations made available through the Platform are professional opinions based on the information provided to us at the time. They are intended to support your decision-making and are not a guarantee of any particular result, cost saving or performance improvement. They do not constitute legal, financial, tax, accounting or regulatory advice. Decisions about whether and how to act on any recommendation, and their consequences, remain solely your responsibility, and you should obtain independent professional advice where appropriate.
8. Intellectual property
The Platform, including its software, design, assessment frameworks, scoring methodologies, templates and documentation, is owned by BorderlessCX or its licensors and is protected by intellectual property laws. Except for the limited right to use the Platform in accordance with these Terms, no rights are granted to you. All trademarks, logos and brand features are the property of their respective owners. Any feedback you provide about the Platform may be used by us without restriction or compensation.
9. Third-party services
The Platform relies on third-party infrastructure such as cloud hosting, authentication, file storage and email delivery, and may contain links to external websites. We are not responsible for the availability, content or practices of third-party services, and your use of them may be subject to their own terms.
10. Fees
Any fees for assessment services or Platform access are set out in the Services Agreement between BorderlessCX and your organisation. The Platform may display payment milestones and their status for information only. Those records do not create, modify or evidence payment obligations, which are governed exclusively by the Services Agreement and the related invoices.
11. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USING THE PLATFORM WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BORDERLESSCX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BORDERLESSCX ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOUR ORGANISATION TO BORDERLESSCX FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (B) ONE HUNDRED US DOLLARS (USD 100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
You and your organisation will defend, indemnify and hold harmless BorderlessCX and its officers, directors, employees and contractors from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to Your Content, your use of the Platform in breach of these Terms or applicable law, or any decision taken by you or your organisation in reliance on an assessment or recommendation.
14. Suspension and termination
Your organisation may stop using the Platform at any time. We may suspend or terminate access to the Platform if you breach these Terms, if the related Services Agreement ends, if required by law, or if continued access would create a security or legal risk. On termination, your right to use the Platform ends immediately. We will make Your Content available for export for a reasonable period on request, after which we may delete it in accordance with our Privacy Policy. Sections that by their nature should survive termination, including confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive.
15. Governing law and disputes
These Terms are governed by the laws of the United States and the state in which BorderlessCX maintains its principal place of business, without regard to its conflict of law rules. Before starting formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives for at least thirty (30) days. Subject to that, any dispute arising out of or relating to these Terms or the Platform will be brought exclusively in the state or federal courts located in the state in which BorderlessCX maintains its principal place of business, and each party consents to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. To the extent permitted by law, each party waives any right to a jury trial and agrees that disputes will be resolved on an individual basis and not as part of a class or representative action.
16. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the date at the top of this page and, for material changes, notify workspace administrators by email or through the Platform. Continued use of the Platform after a change takes effect means you accept the updated Terms. If you do not agree, you must stop using the Platform.
17. General
These Terms, together with the Privacy Policy and any Services Agreement, are the entire agreement between you and BorderlessCX about the Platform and supersede any prior understanding. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to us should be sent to the contact details below.
18. Contact
Questions about these Terms can be sent to: