Website Terms of Service

1. Definitions

For purposes of these Terms of Service:

• "Strix," "we," "us," or "our" refers to Strix LLC, a Montana limited liability company, and TBI Brokers Inc, operating collectively as licensed U.S. Customs Brokers.
• "Services" refers to customs brokerage, compliance consulting, software solutions, and related services provided by Strix.
• "Client," "you," or "your" refers to the individual or entity using our Services.
• "Website" refers to strixsmart.com and all associated subdomains.
• "CBP" refers to U.S. Customs and Border Protection.
• "POA" refers to Power of Attorney granted by Client to Strix for customs purposes.

2. Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Website Terms of Service and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Your continued use of the Website constitutes ongoing acceptance of any modifications to these Terms.

These terms govern website usage only. Registered clients will receive separate service agreements, application terms, and data governance policies specific to their account and services.

3. Description of Services

Strix provides the following services:

3.1 Customs Brokerage Services

Licensed customs brokerage services including, but not limited to: customs entry filing, classification assistance, duty calculation, ISF filing, and communication with CBP on your behalf.

3.2 Compliance Consulting

Trade compliance consulting including classification reviews, audit preparation, UFLPA compliance, supply chain due diligence, and regulatory advisory services.

3.3 Software Solutions

Cloud-based software platform for self-filing customs entries, document management, and compliance tracking.

4. User Accounts & Responsibilities

4.1 Account Registration

To access certain Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4.3 Accuracy of Information

You represent and warrant that all information you provide to Strix, including but not limited to product descriptions, values, quantities, origins, and classifications, is accurate, complete, and truthful. You acknowledge that providing false or misleading information may result in civil and criminal penalties under U.S. law.

5. Customs Brokerage Specific Terms

5.1 Power of Attorney

By engaging Strix for customs brokerage services, you grant us Power of Attorney to act as your customs broker and transact customs business on your behalf. This POA may be provided via CBP Form 5106 or electronic equivalent.

5.2 Client Responsibilities

You acknowledge and agree to:

• Provide complete and accurate documentation for all entries
• Respond promptly to information requests from Strix or CBP
• Maintain proper books and records as required by CBP regulations
• Ensure compliance with all applicable import laws and regulations
• Pay all duties, taxes, fees, and charges associated with your imports
• Reimburse Strix for any advances made on your behalf

5.3 Classification and Valuation

Strix will use reasonable professional judgment in determining tariff classifications and customs values based on information you provide. However, you acknowledge that final responsibility for classification and valuation accuracy rests with you as the importer of record. CBP reserves the right to review and adjust classifications and values.

5.4 Regulatory Changes

Customs regulations, duties, and requirements are subject to change without notice. Strix is not responsible for regulatory changes that occur after entry filing or for changes in duty rates, restrictions, or other requirements beyond our control.

6. Payment Terms

6.1 Fees

You agree to pay all fees for Services as set forth in our pricing schedule or as otherwise agreed in writing. Fees are subject to change with 30 days' notice.

6.2 Duties and Taxes

You are responsible for all duties, taxes, fees, and charges imposed by government agencies. Strix may advance payment of these charges on your behalf, and you agree to reimburse us promptly.

6.3 Payment Terms

Unless otherwise agreed in writing, payment is due upon receipt of invoice. Accounts not paid within 30 days are subject to a late fee of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.

6.4 Suspension of Services

Strix reserves the right to suspend Services if your account becomes past due. We may also require prepayment or other security for future services.

7. Limitation of Liability

7.1 Services Provided "As Is"

SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.2 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIX'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO STRIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $10,000, WHICHEVER IS LESS.

7.3 Exclusion of Consequential Damages

IN NO EVENT SHALL STRIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, CARGO DELAYS, DEMURRAGE CHARGES, STORAGE FEES, OR BUSINESS INTERRUPTION, EVEN IF STRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.4 Third-Party Actions

Strix is not responsible for actions taken by CBP, other government agencies, carriers, warehouses, or other third parties. Our liability is limited to our own actions and omissions.

8. Indemnification

You agree to indemnify, defend, and hold harmless Strix, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms of Service
• Your violation of any applicable law or regulation
• Inaccurate or false information provided by you
• Your violation of any third-party rights, including intellectual property rights
• Penalties, fines, or sanctions imposed by CBP or other government agencies due to your actions or omissions
• Any negligent or willful misconduct by you or your agents

9. Intellectual Property

9.1 Strix Property

The Website, software, content, trademarks, and all other intellectual property are owned by or licensed to Strix. You may not reproduce, modify, distribute, or create derivative works without our express written permission.

9.2 Limited License

Subject to your compliance with these Terms, Strix grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

9.3 Client Data

You retain ownership of all data and information you provide to Strix. By using our Services, you grant us a license to use your data as necessary to provide the Services and as described in our Privacy Policy.

10. Confidentiality

Strix will maintain the confidentiality of your business information and will not disclose it to third parties except:

• As necessary to provide the Services (e.g., to CBP, carriers, or other parties involved in your shipments)
• As required by law or legal process
• With your express consent
• To protect Strix's rights or property

11. Force Majeure

Strix shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Government shutdowns or CBP system outages
• Acts of God, natural disasters, or severe weather
• War, terrorism, civil unrest, or labor disputes
• Internet or telecommunications failures
• Pandemic, epidemic, or public health emergency
• Changes in laws, regulations, or government policies

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@strixsmart.com to attempt to resolve the dispute informally.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Bozeman, Montana, and shall be governed by Montana law.

12.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND STRIX INDIVIDUALLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Exceptions

Either party may seek injunctive relief in court for matters involving intellectual property or confidentiality breaches.

13. Termination

13.1 Termination by Either Party

Either party may terminate the Services relationship with 30 days' written notice to the other party.

13.2 Termination by Strix

Strix may terminate Services immediately if:

• You breach these Terms
• Your account becomes seriously past due
• You provide false or misleading information
• You engage in fraudulent or illegal activity
• Continuing the relationship would violate laws or regulations

13.3 Effect of Termination

Upon termination, you must pay all outstanding fees and charges. Strix will assist with transition for up to 30 days following termination, subject to payment of applicable fees. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to limitation of liability, indemnification, and dispute resolution.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law provisions. To the extent not covered by arbitration, you consent to the exclusive jurisdiction of the courts located in Gallatin County, Montana.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Strix regarding the Services.

15.2 Amendments

Strix reserves the right to modify these Terms at any time. We will notify you of material changes via email or website notice. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.4 Waiver

Strix's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms without Strix's prior written consent. Strix may assign these Terms without restriction.

16. Contact Information

For questions about these Terms of Service, please contact us at: