Terms of Use

1. Your Agreement

These Terms govern your use of the Platform. By accessing our Platform, you acknowledge that you have read these Terms and agree to be legally bound by them. We may also confirm your agreement to be bound by these Terms by asking you to click an "I accept" or similar button when you use certain portions of our Platform. If you do not agree with these Terms, then please do not use our Platform. If you are agreeing to these Terms on behalf of a company, an organization, or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

2. Your Consent to Our Privacy Practices

Our Privacy Policy explains, among other topics, how we treat information that you provide to us through the Platform. By using our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available at www.widescale.ai/privacy.

3. Registered Users and Portal Access

4. WideScale Portal

5. SMS Communications

5.1 Consent to SMS

By providing your mobile phone number to WideScale and agreeing to these Terms, you expressly consent to receive text messages (SMS) from WideScale at the mobile number you provide. These messages are sent for operational and account-related purposes, including but not limited to:

• Shipment status updates and clearance notifications
• Document requests and submission confirmations
• Entry filing status and CBP hold or release notices
• Two-way communications with WideScale operations staff regarding your active shipments
• Account and billing notifications related to your Services

Message frequency varies based on your shipment activity and account status. Message and data rates may apply.

5.2 How to Get Help or Opt Out

• Reply HELP to any SMS from WideScale for assistance, or contact us at legal@widescale.com.
• Reply STOP to any SMS from WideScale at any time to opt out of SMS communications. After opting out, you will receive a single confirmation message and no further SMS messages will be sent, except as required by law.

5.3 No Sale of Mobile Numbers

WideScale will not sell, rent, or share your mobile phone number with third parties or affiliates for marketing or promotional purposes. WideScale will not disclose your SMS opt-in status or consent to any third party except as required by law or as necessary to operate our SMS communications program (e.g., to our SMS service provider).

5.4 Operational SMS Only

WideScale's SMS program is for operational and transactional communications related to your active account and shipments. It is not a marketing or promotional SMS program. If the nature of our SMS communications changes, we will seek your updated consent as required by applicable law.

6. Email Communications

6.1 Operational Emails

WideScale may send you email communications related to your account, shipments, entry filings, documentation, and other Services you have requested. These operational emails are necessary for the delivery of your Services and are not subject to marketing opt-out requirements under the CAN-SPAM Act.

6.2 Marketing and Newsletter Emails

If WideScale sends you marketing or newsletter communications, each such email will: (i) clearly identify WideScale as the sender; (ii) include our physical mailing address at 1350 6th Avenue, Suite 3010, New York, NY 10019; and (iii) provide a clear and easy mechanism to opt out of future marketing communications. We will honor opt-out requests within ten (10) business days as required by applicable law.

6.3 Opting Out of Marketing Emails

To opt out of marketing emails from WideScale, follow the unsubscribe instructions in any such email or contact us at legal@widescale.com. Opting out of marketing emails will not affect your receipt of operational emails necessary for the delivery of your Services.

7. Ownership; Reservation of Rights

The information, software, video, audio, pictures, trademarks, text, logos, and other content on the Platform, and all other intellectual property embodied in the Platform (collectively, the "Platform Content") are the property of WideScale and its licensors and are protected by copyright and other intellectual property laws, or used under the principles of fair use. We and our licensors retain all rights with respect to the Platform and the Platform Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Platform unless specifically authorized in writing by WideScale. The term Platform Content expressly excludes Submitted Content as defined below.

8. Grant of Rights to You

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable right to access and use all publicly available and, if expressly authorized, password-protected areas of our Platform and Platform Content in order to: (i) learn more about WideScale and the services and products that we offer; (ii) provide Submitted Content to us through the Platform; (iii) participate in and receive those Services that we make available to you; (iv) download and print pages from our Platform; and (v) access other information that we make available through our Platform (collectively, the "Permitted Uses"). You agree that: (a) the Platform and Platform Content are made available solely for your use in connection with your account and Services; (b) the Permitted Uses are solely for such purposes; and (c) you shall not use the Platform or Platform Content for any purpose other than the Permitted Uses.

9. Grant of Rights to WideScale in Your Content

9.1 Submitted Content

We may give you the ability through the Platform to provide comments, feedback, documents, images, and other information and materials (collectively, "Submitted Content"). By providing Submitted Content, subject to our Privacy Policy and your rights set out therein, you authorize us to copy, modify, display, distribute, use, and otherwise process the Submitted Content as necessary to provide the Services and operate the Platform. By providing Submitted Content, you represent and warrant that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide it and to grant WideScale the rights described herein.

9.2 Right to Decline Submitted Content

We reserve the right to refuse to use, disable, or remove Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.

9.3 Personal Information

If you provide us with Personal Information (as defined in our Privacy Policy) via the Platform, by email, SMS, or otherwise, we will treat such Personal Information in accordance with our Privacy Policy. If you provide us with any Personal Information relating to another individual, you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy.

10. Code of Conduct

By using our Platform, you agree to comply with these Terms and the following Code of Conduct. You shall not:

• Use the Platform for purposes that are unlawful, harmful, hateful, invasive of the privacy of others, or otherwise prohibited by these Terms.
• Use the Platform in a manner that could disable, overburden, or impair the Platform or interfere with another party's use and enjoyment of the Platform.
• Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or other means not intentionally made available to you through the Platform.
• Infringe WideScale's or any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
• Transmit material that contains viruses, Trojan horses, worms, time bombs, or other computer-programming routines intended to damage, interfere with, intercept, or expropriate any system, data, or Personal Information.
• Use the Platform to test, reverse engineer, or find limitations or vulnerabilities in the Platform or to evade filtering capabilities.
• Use the Platform for any purpose that is unlawful or prohibited by these Terms, including in violation of any applicable export control, customs, sanctions, consumer protection, anti-discrimination, or false advertising laws.

We reserve the right to (i) monitor your use of the Platform and (ii) terminate or suspend your access if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. If you believe that a user has acted inappropriately, you may report your concerns by contacting us at legal@widescale.com.

11. Links to Third-Party Sites

The Platform may contain links to third-party websites (each, a "Linked Site"). WideScale does not own these Linked Sites and does not assume any responsibility or liability for any content, opinions, or material available on Linked Sites, or such Linked Sites' privacy practices. WideScale does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code. By using the Platform to link to another site, you agree that such use is at your own risk.

12. User Conduct; User Disputes

WideScale is not responsible or liable for Submitted Content or user conduct. You are solely responsible for your Submitted Content, conduct, and interactions with other Platform users, both online and offline. If you have a dispute with another user, you release WideScale (and our officers, directors, agents, employees, and affiliates) from 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 dispute.

13. Warranty Disclaimer

WIDESCALE DOES NOT PROMISE THAT THE PLATFORM OR PLATFORM CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED. THE PLATFORM AND PLATFORM CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE PLATFORM OR PLATFORM CONTENT, YOU DO SO AT YOUR OWN RISK. WIDESCALE DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

WIDESCALE DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM (INCLUDING PLATFORM CONTENT). YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND PLATFORM CONTENT IS AT YOUR SOLE RISK.

Nothing in these Terms limits WideScale's liability for its licensed customs brokerage and freight forwarding services, which are governed by the service agreement between WideScale and the applicable client.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL WIDESCALE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR PLATFORM CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Contact for Alleged Copyright Infringement

WideScale respects the intellectual property rights of others and requires that its users do the same. If you believe that any content on our Platform constitutes infringement of a work protected by copyright, please notify us as follows:

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA. WideScale has implemented a repeat infringer policy, and if we determine that a user is subject to multiple DMCA notifications, we may suspend or terminate that user's account and take other appropriate measures.

16. Modifications to These Terms

From time to time, we may change these Terms for our business purposes and to comply with changes in applicable law. In the event of substantive or material changes, we may communicate these changes to you by posting the updated Terms on the Platform and/or notifying you via the Platform, email, or other methods. Your subsequent use of the Platform following any update constitutes your agreement to be bound by the Terms, as updated.

17. Assignment

These Terms shall not be assignable by you, either in whole or in part, without our prior written consent. WideScale reserves the right to assign its rights and obligations under these Terms without your consent, including in connection with a merger, acquisition, or sale of assets.

18. General

These Terms shall be governed in all respects by the laws of the State of Delaware without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in New York County, New York. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. WideScale's failure to act with respect to a breach by you or others does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Subject to Section 21 (Relationship to Privacy Policy and Other Contracts), these Terms set forth the entire understanding and agreement between WideScale and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

19. Survival

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration and shall apply indefinitely: (i) Section 7 (Ownership; Reservation of Rights); (ii) Section 13 (Warranty Disclaimer); (iii) Section 14 (Limitation of Liability); (iv) Section 15 (Contact for Alleged Copyright Infringement); (v) Section 17 (Assignment); and (vi) Section 18 (General).

20. Additional Terms

Certain portions of the Platform may be subject to additional or different terms and conditions. We will notify you if a portion of the Platform is subject to terms that differ from these Terms, and you will have the opportunity to decline to participate if you do not agree.

21. Relationship to Privacy Policy and Other Contracts

These Terms must be read in conjunction (i) with other agreements into which you and WideScale may enter (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the Privacy Policy shall control with respect to our treatment of Personal Information. To the extent these Terms conflict with the terms and conditions of any specific service agreement you enter with us, the terms and conditions of such specific agreement shall control.

22. Contact Us

If you have any questions about these Terms, our practices, or your dealings with the Platform, please contact us at:

23. Effective Date

The effective date of these Terms of Use is May 7, 2026.