User Terms of Service
Updated September 2026 — v2
Part A — Core Terms
1. About BorderPass
BorderPass is a membership technology platform. BorderPass software does not provide any legal service, advice, consultation, or recommendation to any individual or entity that creates a BorderPass account (each, a "Member"). Legal services, where a Member chooses to obtain them, are provided solely by independent, licensed lawyers whom the Member retains directly. BorderPass does not form any solicitor-client relationship with any Member, is not the Member's lawyer, is not a party to the retainer between the Member and the lawyer, and is not involved in the communications between the Member and the lawyer or in any agreement between them.
2. Your membership
A BorderPass membership gives Members access to the platform and its non-legal benefits, including AI tools, document management, validation, reminders, checklists, education, and partner benefits. Where a Member chooses to prepare an application through the platform, BorderPass arranges and funds an independent lawyer to work on that application as a benefit of membership. Members prepare and manage their own applications on the platform and engage an independent lawyer for the discrete parts they choose, such as consultation or review. Membership includes communications necessary to run a Member's account and applications, such as status updates, deadlines, document requests, billing notices, and security alerts. BorderPass sends these as a convenience and does not guarantee delivery. Members remain responsible for monitoring their account on the platform, which is the authoritative record of the status of their applications and of any action required.
3. Independent legal services
When a Member chooses to obtain legal services, the Member retains a named, independent lawyer directly. The lawyer's duty of loyalty runs solely to the Member, who is the lawyer's client. The lawyer decides whether to act or to withdraw and may decline any matter. BorderPass has no right to direct, control, or influence the lawyer's judgment, strategy, or handling of the file.
4. How the lawyer is paid
BorderPass funds the lawyer's fee as a third-party payor and a membership benefit. The Member pays no legal fee and receives no legal invoice. Funding the fee gives BorderPass no right to direct the legal work and no access to privileged or confidential client information that it would not otherwise hold as the Member's technology provider.
5. Fees
BorderPass charges the following fees, each of which is BorderPass's own fee for its platform services: (a) an annual Membership Fee for access to the platform and its non-legal benefits; (b) a per-application Platform Application Fee for the tools, workflows, processing, and coordination used to prepare a specific application; (c) an Outdated Application Fee, described in Application timelines; (d) fees for any additional or expedited services a Member elects; and (e) a Deadline Protection Fee where steps are taken to preserve a Member's position on a government request the Member has not responded to. None of these fees is a legal fee or a share of a legal fee.
6. Application timelines
Members must complete and submit an Application for lawyer review within 45 days of purchase. After 45 days an Outdated Application Fee applies. After 60 days the Application expires and the Member must start again.
The Outdated Application Fee covers the BorderPass platform resources required to re-validate and re-process the Application. It is not a legal fee, no part of it is payable to any lawyer, and it is the same amount for every Member.
Fees already paid are handled under the Refund Policy.
7. Your information and confidentiality
BorderPass processes Member content as the Member's technology provider, to operate the platform, to help the Member create and manage their applications and documents, and to provide and improve its services. BorderPass shares Member information with the Member's lawyer as necessary for the lawyer to act for the Member and to meet their professional obligations. BorderPass's collection and use of Member information is described in the Privacy Notice.
Because BorderPass is not the Member's lawyer, communications between a Member and BorderPass are not protected by solicitor-client privilege. Funding the lawyer's fee gives BorderPass no additional access to privileged material, and nothing in these terms waives any privilege between a Member and the Member's lawyer.
8. Ownership and use restrictions
BorderPass owns all right, title, and interest in its platform, software, templates, workflows, and related materials. The Member's file and the legal work product belong to the Member and the lawyer under the applicable law society rules; BorderPass claims no ownership of the Member's legal correspondence or file. Members may not copy, reproduce, distribute, resell, modify, reverse-engineer, or create derivative works from BorderPass's platform, software, templates, workflows, or content, or permit any third party to do so, without BorderPass's prior written permission.
Documents and outputs generated on the platform, including applications, letters, forms, and agreements, embed BorderPass intellectual property, including template structure, question sets, drafting frameworks, and generated content. That embedded intellectual property is licensed to the Member solely for the purpose of the specific matter for which the output was prepared. The Member may not use, reproduce, or adapt any output for any other purpose, matter, or person. This does not restrict the Member's use of an output in the matter itself, including filing and responding to government requests, providing their file to successor counsel on the same matter or to a law society, court, or regulator, or the Member's own factual information.
9. Choice of counsel
A Member is free to retain their own lawyer outside the platform at their own cost. If a Member does so, BorderPass does not fund or arrange that lawyer, has no involvement in that engagement, and owes no obligations in respect of it, and any BorderPass-funded engagement ends according to its terms.
10. Termination and withdrawal
A Member may cancel their membership or withdraw an application at any time, and BorderPass may suspend or end a Member's access in accordance with these terms. This section governs the BorderPass membership and platform relationship only; it does not govern the retainer between the Member and the lawyer, which ends according to its own terms and the applicable law society rules. On cancellation, withdrawal, or a Member continuing their matter off the platform:
(a) the Member's membership and access to the platform end, and any BorderPass-funded legal engagement ends according to the terms of the retainer;
(b) BorderPass retains all right, title, and interest in the platform, software, templates, workflows, and other materials that are BorderPass's property, and the Member's licence to access and use them ends;
(c) the Member keeps the personal information and documents they provided, and the Member's legal file and legal work product remain the property of the Member and the lawyer; the lawyer will provide the Member's file in accordance with the applicable law society rules regardless of the Member's membership status; and
(d) fees already paid are handled under the Refund Policy.
11. Communications are not legal advice
In addition, please note that any communication that occurs with Members via social media, email, or chat on or off the BorderPass platform is not considered legal advice. Any information provided through these channels is for informational purposes only. BorderPass is not responsible for any actions taken by Members based on information provided through social media, email, or chat.
12. Immigration outcomes
As a condition of using the BorderPass platform and related services, Members acknowledge and agree that immigration outcomes depend on government authorities and individual circumstances beyond the control of BorderPass, any sponsoring institution, or any lawyer. Members further acknowledge that BorderPass provides technology tools and administrative support only, and that all legal services are delivered by independent, regulated lawyers. Accordingly, Members release and hold harmless BorderPass and any sponsoring institution from any and all claims, liabilities, damages, or causes of action arising out of or related to immigration outcomes, government decisions or delays, platform technical issues, or other matters outside the reasonable control of BorderPass. Nothing in this section limits any non-waivable rights a Member has under applicable consumer protection law. This waiver does not affect any rights a Member may have directly against the independent lawyer they retain under applicable professional responsibility rules and mandatory insurance coverage.
13. Jurisdiction and Modules
These Core Terms apply to every Member. A Jurisdiction Module supplements these Core Terms and applies based on the jurisdiction of the Member's application matter or, where no matter is open, the Member's country of residence. To the extent of any conflict, the applicable Jurisdiction Module prevails over these Core Terms. Part B (Canada Terms) is the Jurisdiction Module for Canada.
Part B — Canada Terms
The Canada Terms apply where the applicable jurisdiction under section 13 is Canada.
14. Government fees
Where an application requires a government fee, BorderPass pays that fee directly to Immigration, Refugees and Citizenship Canada (IRCC) as part of the cost of providing its platform services, and is the payor of record with IRCC. The Platform Application Fee is for BorderPass's platform and processing services. Members do not pay government fees separately and do not pay IRCC directly.
15. Participating Institutions
Where a Member applies to, is enrolled with, or is funded by a sponsoring institution, BorderPass shares information about the Member's application with that institution, including its status and outcome, so that the Member and the institution can meet the requirements that apply to them.
16. Governing law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it. This section governs the Member's relationship with BorderPass only. The retainer between a Member and their lawyer is governed by its own terms and the law of the lawyer's jurisdiction.
Refund Policy
This policy applies to the fees BorderPass charges you.
1. What you pay BorderPass. BorderPass charges its own fees for its platform services: the annual Membership Fee, the per-application Platform Application Fee, the Outdated Application Fee where it applies, and fees for additional services you choose. These are fees for platform access, tools, and application processing services. None is a legal fee.
2. When fees are earned. When you pay and open an application, you receive immediate value: access to the platform, the tools and workflows to prepare that application, and the lawyer engagement that BorderPass arranges and funds for you. Each fee is earned in full when that value is delivered: the Membership Fee when your membership access begins, the Platform Application Fee when your application is opened, and fees for additional services when the service begins.
3. No refunds. BorderPass fees are non-refundable once earned. Fees are not refundable based on the outcome of your application or your decision not to proceed, including refusal, withdrawal or cancellation, processing delays, a decision to submit on your own, a change in your circumstances, or a change of mind. Nothing in this policy limits any rights the law gives you that cannot be excluded.
4. Withdrawal. If you withdraw your application at any time after it is opened, whether before or after it is submitted to the government, your fees are fully earned and are not refundable in whole or in part. Withdrawal does not reduce or reverse any fee. Closing a withdrawn file requires further work by BorderPass, including notifying the relevant authority, updating your file, and concluding the lawyer engagement arranged for that application.
5. You do not pay a legal fee. BorderPass arranges and pays an independent lawyer for you as a membership benefit. You pay no legal fee, and no money is held for you in a trust account. This policy covers only BorderPass's own fees. If a lawyer is unavailable, declines your matter, a conflict check does not clear, or you ask for a different lawyer, BorderPass reassigns you to another participating lawyer. Reassignment does not entitle you to a refund.
6. Government fees. Where an application requires a government fee, BorderPass pays it directly to the relevant authority as part of providing its platform services and is the payor of record. You do not pay the government. Any refund, credit, or reversal of a government fee connected to your application, including one arising from a withdrawal, is returned to BorderPass as payor of record and retained by BorderPass, applied toward the costs of closing your file.
7. Refunds required by law. Some laws give refund or cancellation rights that cannot be excluded. Where such a law applies to you, we honour it. Where the law allows, the refund is measured as the unearned portion of the fee, reduced for the services and access already provided, and reduced by the refund administration charge. Proration applies only as the measure of a refund the law compels.
8. Refund administration charge. Where the law permits, a refund administration charge of USD $25 is deducted from any refund to cover the cost of processing it. Where the terms for your country state a different amount and currency, that amount applies. Where the law does not permit the charge, it does not apply.
9. Fees paid by a third party. Where an institution, employer, or other third party paid a fee on your behalf, any refund is made to that payor, not to you.
10. Questions. hello@borderpass.ai
Terms by Jurisdiction
If you are a resident of a country listed below, the terms for that country modify the refund terms above and prevail where they differ. If your country is not listed, the terms above apply as written.
Canada
The following terms apply if you are a resident of Canada. Canadian law does not give you a cooling-off period or a right to a refund for change of mind for these services. Where a provincial consumer protection law requires a refund, we honour it. The refund administration charge is $25 CAD. If you reside in Quebec, the charge does not apply to any refund required under the Consumer Protection Act (Quebec).
United Kingdom
The following terms apply if you are a resident of the United Kingdom. BorderPass fees are charged solely for access to the platform and for access to an application. At checkout you request immediate access and acknowledge that your right to cancel under the Consumer Contracts Regulations 2013 ends once access is provided. Access is provided immediately on purchase, so you receive the full value of what you have bought at that point, and your fees are not refundable from that point. Access and application services come with rights that cannot be excluded under the Consumer Rights Act 2015, and where we fail to meet those standards the law gives you remedies, which include a reduction in the price. Where the law requires a refund, we make it within 14 days of the day you notify us of your cancellation, to the payment method you used, without deduction. The refund administration charge is £20 and applies only to a refund made outside those rights.
United States
The following terms apply if you are a resident of the United States. United States law does not give you a cooling-off period or a right to a refund for change of mind for these services. Some state laws give a right to cancel a contract for immigration assistance services within a short period after you sign it. Where such a law applies to you, we honour it and refund the amount that law requires. Where that law lets you give up the right so that work can begin at once, and you do, we keep the fees for the services already provided and return the rest. The refund administration charge is $25 USD. It does not apply to a refund required by one of these state laws.
Australia
The following terms apply if you are a resident of Australia. Australian law does not give you a cooling-off period or a change of mind refund for purchases on the platform. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If we fail a consumer guarantee, the law gives you remedies, which for a major failure include ending the agreement and a refund for the unused portion or compensation for its reduced value. The refund administration charge is $25 AUD and does not apply to a refund required under the consumer guarantees.
Updated September 2026
Retainer Agreement for Legal Services
Retainer Agreement for Legal Services for a Study Permit, Study Permit Extension, Co-op Work Permit, Post-Graduation Work Permit, Application to Express Entry, Response to ITA, Work Experience Analysis, spousal visa, or any other immigration application visa process provided for on the BorderPass platform ("Application")
PRIVILEGED AND CONFIDENTIAL
Between Your BorderPass Lawyer and the Applicant ("You")
You hereby retain and employ Your BorderPass Lawyer as your solicitor with respect to legal services for the above relevant Application including assisting you in the preparation of documents and submission of the Application. You acknowledge that Your BorderPass Lawyer has not undertaken to advise you as to tax law or on any other matters except those referred to in this Agreement. You acknowledge that this is a limited scope retainer, and Your BorderPass Lawyer will not represent You beyond the scope of this Agreement. If your Application includes dependents such as a spouse or children, these dependents will also be covered by the terms of this Agreement. Legal fees may be covered by your academic institution but do not include government application fees and other disbursements. If your legal fees are not covered by your academic institution, they will be charged in advance of provision of these limited legal services as quoted at the time of engagement. Your legal fees are listed in your Cart, and you acknowledge and agree to their payment in advance. Legal Fees are due and payable irrespective of the success of your Application or the failure by You to disclose certain information or complete the application process. Issues that arise that complicate your Application and necessitate the allocation of more resources than normal, including requests by government agencies for new forms or the updating of forms already submitted may require payment of additional fees that will be disclosed and agreed to prior to the allocation of such additional legal resources. The precise time frame for the processing of your Application cannot be guaranteed as such time frame is dependent upon the resources and volume at any particular government agency at any given time.
1. Disbursements
You agree to pay all disbursements incurred by BorderPass or your BorderPass Lawyer on your behalf. Additional disbursements may include government processing fees, couriers, copying charges, translation charges, and transportation expenses, as well as any applicable taxes. These disbursements will be deducted from your credit card on file along with an administrative handling fee.
2. Payment
All charges are due when invoiced and will be charged to your credit card on file. Legal fees, government fees, processing fees, and administrative fees will be charged in advance to the filing of your Application. In the event that your Application has been paid in advance by an institution, you will be invoiced for government, processing fees, and administrative fees prior to your Application filing. These fees, regardless of whether your application is filed or not, are not refundable and will be applied to services rendered in reviewing and assessing your application. If you do not complete your application within 30 days of submission for legal review, you may need to submit a new application, and all previous fees and costs will be non-refundable.
3. Limited Scope Retainer
You fully acknowledge that Your BorderPass Lawyer's representation does not extend past your Application. Your BorderPass Lawyer may not continue their representation in the event your Application is refused, or other complicated circumstances arise such as interviews. This is at the complete discretion of BorderPass and may entail additional costs. For clarity, Your BorderPass Lawyer's representation does continue should the government or regulatory body request further documentation from You and other non-determinate correspondence. There may be additional fees associated with these requests. Your representation from Your BorderPass Lawyer ends once you are given a decision on your visa application. Your BorderPass Lawyer's representation does not extend to any appearances at a court, tribunal, appeals or other adjudicative body.
4. Joint Retainer
4.1. You have asked Your BorderPass Lawyer to act as your legal representative in the specified matter(s). This may include acting for family members and dependents.
4.2. In acting for more than one party in this retainer, Your BorderPass Lawyer may from time to time receive confidential information, such as confidential financial, background, or health information in connection with this matter, from one party, that is confidential with respect to the other parties.
4.3. No information received in connection with this matter from one party can be treated as confidential so far as any of the other parties are concerned.
4.4. Should a conflict develop that cannot be resolved, and Your BorderPass Lawyer is no longer able to represent any or all parties to this agreement, Your BorderPass Lawyer may have to withdraw completely with respect to the matter in question. At that point, each of you will have an obligation to seek independent legal advice.
4.5. Your BorderPass Lawyer may, however, at the instruction of one of you and with the consent of all parties, continue to advise and represent one of you, with the understanding that no information gained through the course of the relationship can be used to the detriment of the other parties to this retainer, and at the request of any or all of you, shall refer you to alternate counsel.
5. Information to Third Parties
You agree that Your BorderPass Lawyer can share information with BorderPass and utilize BorderPass software in the provisioning of any services under this Agreement.
6. Changes in Law or Regulations
If immigration law, regulation, or policy changes during the course of our representation of You such that You no longer qualify and cannot proceed, You will be billed according to the application, processing, and administrative fees described above regardless of whether you subsequently become ineligible.
7. Staffing
Your BorderPass Lawyer will be a licensed practitioner and the provision of services to You may involve different lawyers and/or legal assistants as required.
8. Accuracy and Disclosure
You acknowledge that all information provided to Your BorderPass Lawyer is truthful and accurate and You recognize that any inaccuracies may affect the approval of any application(s) or retention of any status after you have arrived in your destination country. You agree to inform Your BorderPass Lawyer of any communication relevant to your application received from government or regulatory bodies and to inform Your BorderPass Lawyer of any changes in information relating to your address, employment or marital status or any other information or circumstances bearing on your application. You agree to complete all forms required and to obtain all documents and information necessary to the processing of your application.
9. Responsibility for Maintaining Status
You acknowledge that you, and only you, are personally responsible for ensuring you always maintain valid immigration status and that you abide by the conditions of your visa or permit.
10. Identification of Potential Conflicts
Your BorderPass Lawyer undertakes not to take on any matter that would create substantial risk to its representation of You on the matters described herein or if its representation of You would be otherwise materially or adversely affected (a "conflicting interest"). Should a conflicting interest be discovered at a later date, Your BorderPass Lawyer will advise You promptly. You undertake to advise Your BorderPass Lawyer immediately if there are any known names that should be identified as a potential conflicting interest in connection with this Agreement and acknowledge that BorderPass is relying on You to identify any interests which may be adverse to your own.
11. Privacy
In the course of acting for You, You may provide Your BorderPass Lawyer with personal information that is subject to applicable privacy protection laws. On your behalf, Your BorderPass Lawyer will collect, use, and disclose this information for the purpose of processing your Application. You acknowledge that in processing your Application, information provided by You to Your BorderPass Lawyer may be requested by government bodies or officials thereof in the administration of various immigration programs. Where such information is lawfully required, you hereby consent to the disclosure of such information.
12. Electronic Communications
During the course of your engagement with Your BorderPass Lawyer you will exchange electronic versions of documents and emails using commercially available software and BorderPass' software. You fully acknowledge that all technology is still vulnerable to attack by viruses and other hacking methods. As a result, while Your BorderPass Lawyer and BorderPass has sought to take countermeasures, its system may occasionally reject communications sent by you, and your system may occasionally reject communications sent by Your BorderPass Lawyer or BorderPass. Accordingly, it cannot be guaranteed, and no warranty is made, that such communications and electronic documents will always be received and/or be virus or hack free. In addition, BorderPass and Your BorderPass Lawyer makes no warranty with respect to the security of any electronic communication with You and You consent to the exchange of electronic communications, including confidential documents, unencrypted.
13. Completion of this Agreement
Your BorderPass Lawyer's representation of You will cease upon your visa decision on the Application. Any and all records retained by BorderPass or Your BorderPass Lawyer may be destroyed under a document retention policy. Ongoing access to your documents may only be obtained on the BorderPass platform by members in good standing.
14. Forms, Letters, and Legal Documents
You also acknowledge that information you provide to us, including information and answers provided in questionnaires, may be used on official immigration forms and letters that may be included in your Application. You also acknowledge that immigration forms are legal documents.
15. Release of Solicitor-Client Information
You expressly consent to the disclosure of solicitor-client information by Your BorderPass Lawyer and/or BorderPass for the following limited purposes: (a) to correct any inaccurate information that has been shared publicly or with another party, and is determined to misrepresent the facts or legal advice provided in the context of your Application; and (b) to facilitate the collection of any outstanding payments owed under the terms of this Agreement.
16. Procedural Fairness Letters
BorderPass reserves the right to assess additional fees for services provided in relation to Procedural Fairness Letters ("PFLs") or other evidence of fraudulent behavior. These fees will apply where additional support, legal analysis, or representation is required to respond effectively to such letters. Any additional fees will be disclosed in advance and must be agreed upon prior to the allocation of further resources. BorderPass and Your BorderPass Lawyer further reserve the right to decline to assist with a PFL response or any other application where there is reasonable belief that the applicant has engaged in misrepresentation, omissions, fraud, or has otherwise failed to provide truthful and accurate information during the application process. In such cases, this Agreement may be terminated, and fees already paid will follow the Refund Policy outlined on our website.
17. Termination of this Agreement
Your BorderPass Lawyer reserves the right to rescind and revoke this Agreement at any time if the information provided by You, is found to be untruthful, misleading, or false, or if your account remains unpaid. BorderPass further reserves the right to terminate this Agreement and remove access to the platform where a User's conduct—including but not limited to harassing, threatening, or abusive behaviour directed toward BorderPass staff, counsel, or other users—renders the professional relationship untenable or makes it unreasonably difficult to carry out the representation effectively. Such termination will be carried out in a manner consistent with the rules of professional conduct of the applicable law society.
You understand and acknowledge that the provision by You of inaccurate, incorrect or incomplete information could adversely affect the approval of your Application and/or the retention of your immigration status. You may terminate this Agreement at any time and upon such termination, all unpaid legal fees, costs and disbursements incurred to date will become due and payable.
BorderPass provides regular updates and information on matters of interest and the fact that BorderPass may subsequently send you information on legal developments without charge, or that you may be included in general mailings, will not alter the fact that this agreement has been terminated.
18. Governing Law
Your engagement is governed by the laws of the Province of Ontario and the federal laws of Canada. Any dispute between you and Your BorderPass Lawyer will be addressed exclusively in the courts of Ontario.
Any questions concerning the provisions of this agreement should be addressed to BorderPass in writing prior to You accepting this agreement.
By checking the acceptance box, this acts as a digital signature, and You fully acknowledge and agree to the entirety of the above agreement.
Updated December 2024
Additional Terms for Agents
The following provisions (the "Agent Terms") apply only to users of the Platform who access or use it in the capacity of an education agent, recruiter, consultant, or other intermediary ("Agent"). If you are not acting as an Agent, these Agent Terms do not apply to you.
By creating and using an Agent account, you agree to be bound by these Agent Terms in addition to the general Terms of Service. In the event of a conflict between the general Terms of Service and these Agent Terms, the Agent Terms will govern with respect to your activities as an Agent.
1. Agent Responsibilities
1.1 Authority and Consent
You represent and warrant that you are duly authorized to act on behalf of students and/or institutions. You must obtain informed consent from each student before submitting their personal data, documents, or applications through the Platform, and you must be able to provide proof of such consent upon request.
1.2 Accuracy of Information
You must comply with all applicable laws and regulations, including immigration, privacy, and consumer protection laws. You may not submit fraudulent, misleading, or falsified information or documents.
2. Account Security
You are responsible for safeguarding your login credentials and may not share your account with unauthorized individuals.
3. Relationship Between BorderPass and Agents
Agents are independent parties and are not employees, partners, or representatives of BorderPass. BorderPass reserves the right to communicate directly with students at any time, including when necessary to protect the student's interests. BorderPass is not a party to any agreement between an Agent and a student or institution, unless expressly stated in writing.
4. Data Protection
Student data remains the property of the student. BorderPass processes such data in accordance with its Privacy Policy. You may not use or disclose student data obtained through the Platform for any purpose other than facilitating that student's application, unless you have obtained their explicit, informed written consent. Upon termination of your Agent account, you must securely delete or return any student data obtained through the Platform.
5. Account Suspension and Termination
BorderPass may suspend or terminate your Agent account at any time, without liability, if you violate these Agent Terms, the general Terms of Service, or applicable laws. Upon termination, you must immediately cease using the Platform and delete or return any student data obtained through it.
6. Applicability
If you are a student, institution, or other user of the Platform and not an Agent, the Agent Terms above do not apply to you. Your use of the Platform is governed solely by the general Terms of Service.
Updated December 2024
