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Terms and Conditions

TERMS AND CONDITIONS

TERMS OF SERVICE and REFUNDS POLICY

Effective Date: April 13, 2025

OVERVIEW

This website ("Ship.com") is owned and operated by Ship.com, Inc., a Delaware corporation ("Ship.com," "we," "us," or "our"). Throughout the website, the terms "we," "us," and "our" refer to Ship.com. Ship.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES. By accessing or using any part of the site or services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

DEFINITIONS

As used in these Terms of Service, the following capitalized terms shall have the meanings set forth below. Additional terms may be defined within the body of the Terms.

1. “Account” means the registered user profile created by or for you to access and use the Ship.com Services.

2. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Ship.com.

3. “Applicable Law” means all laws, statutes, regulations, ordinances, rules, judgments, orders, or other binding requirements of any governmental authority that apply to you or Ship.com in connection with the Services.

4. “Billing Cycle” means the recurring monthly or annual period for which subscription fees are charged to your Account.

5. “Carrier” means any third-party shipping service provider (e.g., USPS, UPS, FedEx, DHL) whose services may be accessed or purchased through the Ship.com platform.

6. “Content” means any data, text, images, files, documentation, software, communications, or other materials transmitted, uploaded, or created via the Service, including but not limited to shipping label information, user data, and customer communications.

7. “Customer” means any individual or entity that uses the Services, including you and any of your authorized users.

8. “DMCA” means the Digital Millennium Copyright Act (17 U.S.C. § 512), as amended.

9. “Intellectual Property” means all rights in patents, copyrights, trademarks, trade secrets, databases, and all other intellectual property or proprietary rights recognized under Applicable Law.

10. “Order” means any request or transaction initiated through the Ship.com platform for purchasing a shipping label, tool, subscription, or other product or service.

11. “Personal Information” means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws, including but not limited to names, addresses, phone numbers, and email addresses.

12. “Platform” or “Site” means the website located at www.ship.com and any subdomains, mobile applications, or other digital interfaces provided by Ship.com.

13. “Services” means the products, tools, features, functionalities, software, and services provided by Ship.com through its Platform, including multi-carrier shipping tools, shipping label creation, invoicing, loyalty and marketing tools, and any associated support.

14. “Ship.com,” “we,” “us,” or “our” means Ship.com, Inc., a Delaware corporation.

15. “Subscription” means a paid plan or account level that grants access to premium Services during a Billing Cycle.

16. “Terms” or “Terms of Service” means these legally binding terms and conditions governing your access to and use of the Services, as amended from time to time.

17. “Tools” means additional Ship.com services such as Invoicing, Loyalty Programs, and Marketing Tools that may be activated or used in conjunction with the core Services.

18. “User,” “you,” or “your” means any individual or entity that accesses or uses the Platform, including Account holders and authorized users.

19. “User Content” means any data, information, text, graphics, photos, or other materials submitted by you or users of your Account through the Services.

20. “Third-Party Services” means any services, websites, tools, integrations, platforms, or content provided by third parties that may interoperate with, or be accessible through, the Ship.com Platform.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, you represent and warrant that:

  1. You are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site;
  2. You have the legal capacity and authority to enter into this agreement;
  3. You will not use our products for any illegal or unauthorized purpose;
  4. You will not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, tax laws, and anti-spam laws);
  5. You will not transmit any worms or viruses or any code of a destructive nature; and
  6. All information you provide to us is accurate, complete, and current.

A breach or violation of any of the Terms will result in an immediate termination of your Services. If you use any invoicing, marketing, or loyalty program features, additional terms apply. See Part II: Additional Terms – Marketing, Loyalty, and Invoicing Tools.

SECTION 2 – LICENSE GRANT

Subject to your compliance with these Terms of Service and payment of any applicable fees, Ship.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your internal business operations and in accordance with these Terms. This license does not permit any resale, distribution, reverse engineering, or derivative use of the Services or their contents.

You may not:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written consent;
  • Modify, decompile, disassemble, or reverse engineer any part of the Services;
  • Use the Services for unlawful, fraudulent, or unauthorized purposes; or
  • Allow third parties to access the Services via your account without authorization.

All rights not expressly granted herein are reserved by Ship.com. Your access to and use of the Services is at all times subject to compliance with these Terms and any applicable laws.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time at our sole discretion.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit any portion of the Service, use of the Service, access to the Service, or any content obtained from the Service, or any contact on the website through which the service is provided, without express written permission by Ship.com.

You may not use any meta tags or any other "hidden text" utilizing Ship.com's name or trademarks without our express written consent.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We may use anonymized, de-identified, or aggregated data derived from your usage of the Services for our business purposes, including to improve our offerings and create statistical reports, provided such data does not identify you or your users.

From time to time, we may offer access to beta or pre-release features. These features are provided “as is” and may contain errors or inaccuracies. You use beta features at your own risk, and we are not obligated to support or maintain them. Experimental or AI-powered features may provide suggestions or data-driven decisions. Ship.com makes no representations regarding the accuracy, reliability, or suitability of these features.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - SERVICE AVAILABILITY

While we aim for high availability, we do not guarantee that the Services will be uninterrupted or error-free. Scheduled maintenance and technical disruptions may occur, and we will make reasonable efforts to notify you in advance of any planned downtime.  Ship.com makes no guarantees regarding uptime or performance. Service interruptions may occur and do not entitle customers to refunds.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We may revise our fees and payment policies for the Services at any time.  This includes changes to both monthly and annual subscription rates, billing frequencies, discount structures, shipping rates, fees and surcharges or any other charges of any kind.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 7 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You must open an account with us (Ship.com) to use our services. During registration, we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your account, including any actions taken by persons to whom you have granted access to the account. You are responsible for maintaining the security and confidentiality of your account credentials, and you agree to notify us immediately of any unauthorized use of your account.

If you provide your credit card or bank account information to us, then you are giving us permission to store and later access this information for any services or subscriptions associated with your account. You authorize us to verify your information (including any updated information), to obtain credit reports about you from time to time, and to obtain authorizations from the issuer of your credit card or from your bank.

Ship.com offers both free and paid services and accounts. Ship.com offers those paid accounts on a recurring basis, or subscription. By signing up for a subscription, you agree to pay the subscription fees and any applicable taxes. If a free trial is applied to your account, you agree that your selected subscription plan will automatically begin at the end of the trial period unless you cancel beforehand. Free trials last for 14 days unless otherwise stated. The subscription will be paid on the same calendar day of each Billing Cycle (monthly or annual), depending on your selected plan.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases and accounts made within the website ("Ship.com"). You agree to promptly update your account and other information, including your email address, credit card number, bank account information, and expiration dates, so that we can complete your transactions and contact you as needed. If you are using a bank account as your payment method, then you agree to pay any fees incurred due to failed ACH/bank account payments. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.  Ship.com reserves the right to review and audit account activity to detect fraud, abuse, or violations of these Terms.

THIRD-PARTY FEES AND PENALTIES
 You agree that you are solely responsible for any fees, penalties, charges, or costs assessed to Ship.com by third-party providers as a result of your actions, omissions, or violations of these Terms. This includes, but is not limited to, payment processors, parcel carriers, financial institutions, or service integration partners.

If Ship.com incurs any such third-party fees on your behalf or due to your account activity, you agree to reimburse Ship.com in full, plus an additional fifty percent (50%) administrative surcharge to cover internal processing and overhead. Ship.com reserves the right to charge your payment method on file or deduct such amounts from any prepaid balance associated with your account.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service along with any additional terms specifically for the Tools.

SECTION 10 - SOCIAL MEDIA FEATURES

You may link to our websites only as permitted by us but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content within our Service;
  2. Send e-mails or other communications with certain content, or links to certain content, using the Services;
  3. Cause portions of content hosted by the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with this Agreement and any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you;
  2. Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  3. Link to any part of the Services other than what we expressly allow in our sole discretion;
  4. Otherwise take any action with respect to the materials hosted on the Services that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 12 - THIRD-PARTY INTEGRATIONS

We may use third party software as part of our offering. We use Plaid to connect user bank accounts to our service. By accepting our terms, you are also consenting for Plaid to process end user information in accordance with their privacy policy.

When purchasing shipping from a courier, it is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any courier you select for shipping. This includes ensuring that the item(s) shipped through the different services abide by the terms and conditions of those services. You must understand the individual rules and regulations with each service which are posted on their website (USPS, UPS, and other couriers). You agree to not ship any item(s) that are hazardous, illegal, or prohibited when purchasing a label for these services from Ship.com.

You agree to indemnify, defend and hold harmless Ship.com and its affiliates from any claims, losses, or damages arising from your use of third-party services, including but not limited to any violation of a third party's terms of service.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You hereby grant Ship.com a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the comments in connection with Ship.com's business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy, which is incorporated into these Terms by reference. You can review our Privacy Policy at https://app.ship.com/privacy

Use of the Services may involve processing of personal data. Ship.com acts as a data processor where applicable. Additional terms may apply under our Data Processing Addendum (DPA), available upon request.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

If a package is deemed by the United States Postal Service, or any other mail carrier integrated into our Service, to be more costly than the shipping label initially purchased through our Service, due to inaccurately providing corresponding shipment information, we reserve the right to charge the adjusted postage, plus a 50% service fee for the overhead incurred.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 – ACCEPTABLE USE POLICY

You agree not to misuse the Services or assist others in doing so. Ship.com is a shipping technology platform that enables users to purchase postage, manage logistics, and send shipments using integrated third-party carriers. Your use of the Services must comply with all applicable federal, state, local, and international laws and regulations, and the rules of any participating carriers.

Without limiting the generality of the foregoing, you are expressly prohibited from using the Services to:

  1. Ship prohibited or restricted goods, including but not limited to: (a) Items prohibited under applicable U.S. federal, state, or local laws; (b) Items prohibited under the terms, conditions, or rules of any third-party carrier (including but not limited to USPS, UPS, FedEx, or DHL); (c) Controlled substances or illegal drugs, including marijuana or any marijuana-derived products, regardless of state legality; (d) Counterfeit goods or products that infringe upon intellectual property rights; (e) Weapons, ammunition, firearm components, or explosive materials; (f) Hazardous or flammable materials not authorized for shipment under carrier rules; (g) Live animals, perishable goods, or biological materials not permitted under applicable law or carrier policies.
  2. Violate the intellectual property rights of Ship.com or any third party, including, without limitation, by transmitting, storing, or distributing content that infringes upon copyrights, trademarks, patents, or trade secrets.
  3. Engage in fraudulent, deceptive, or unlawful conduct, including but not limited to: (a) Misrepresenting the contents, value, weight, or classification of any shipment; (b) Providing false or misleading information during account registration, order placement, or support communications; (c) Using the Services to defraud Ship.com, third-party carriers, or end recipients.
  4. Upload or transmit malicious code or perform unauthorized system access, including: (a) Viruses, worms, malware, ransomware, or any code designed to interrupt, damage, or limit the functionality of any system; (b) Attempts to gain unauthorized access to any part of the Ship.com platform, systems, or data; (c) Disruption of the integrity or performance of the Services or any data contained therein.
  5. Abuse the Ship.com communication or marketing tools, including: (a) Sending spam, unsolicited commercial messages, or other unlawful communications; (b) Failing to obtain appropriate consent from recipients as required under applicable laws (including CAN-SPAM and TCPA); (c) Failing to honor unsubscribe requests or opt-out signals.
  6. Resell, redistribute, or misuse Ship.com Services, including: (a) Reselling access to Ship.com’s shipping rates or tools without an authorized reseller agreement; (b) Creating multiple accounts to exploit promotions, discounts, or free trials; (c) Circumventing billing rules, usage limitations, or account restrictions.

Ship.com reserves the right, in its sole discretion, to investigate violations of this Acceptable Use Policy, and may take any enforcement action deemed appropriate, including without limitation: suspension or termination of your account, reporting to law enforcement or regulatory authorities, or pursuing civil and/or criminal remedies. Ship.com reserves the right to review and audit account activity to detect fraud, abuse, or violations of these Terms.

Enforcement and Consequences

Ship.com reserves the right to investigate and take appropriate legal action against violations of this Acceptable Use Policy. This may include removing content, suspending or terminating access to the Services, reporting violations to carriers or legal authorities, and pursuing civil or criminal remedies.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses or for any other reason at our sole discretion.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

(b) IN NO CASE SHALL SHIP.COM, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE LESSER OF (1) THE AMOUNT PAID BY YOU TO SHIP.COM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR (2) ONE HUNDRED U.S. DOLLARS ($100.00).

(d) YOU ACKNOWLEDGE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

(e) IN NO EVENT SHALL SHIP.COM’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

(f) SHIP.COM IS NOT RESPONSIBLE FOR ERRORS, DELAYS, LOSSES, OR DAMAGES CAUSED BY THIRD-PARTY CARRIERS. ALL CLAIMS MUST BE DIRECTED TO THE RELEVANT CARRIER.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ship.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of any law or the rights of a third party; (c) your use of the Services; (d) information or material you posted or transmitted; or (e) your violation of any applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnity provision will survive termination of these Terms of Service and your use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect.

Any provision of these Terms of Service that by its nature should survive termination shall survive any termination or expiration of these Terms of Service, including, but not limited to, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

The following provisions will survive termination: Sections 1, 2, 10, 11, 15, 16, 18, 20, 21, 24, 25, and all provisions which by their nature survive termination.

SECTION 20 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Upon termination, all rights granted to you under these Terms shall immediately terminate, but all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

SECTION 21 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 22 - GOVERNING LAW AND JURISDICTION

SUBJECT TO THE ARBITRATION AGREEMENT BELOW, THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.

TO THE EXTENT ANY CLAIM IS PERMITTED TO BE BROUGHT IN COURT RATHER THAN THROUGH ARBITRATION, SUCH CLAIM SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA. YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM.

SECTION 23 – EXPORT COMPLIANCE

YOU MAY NOT ACCESS, USE, EXPORT, RE-EXPORT, OR TRANSFER ANY PART OF THE SERVICES IN VIOLATION OF ANY APPLICABLE EXPORT LAWS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THE EXPORT ADMINISTRATION REGULATIONS (“EAR”) MAINTAINED BY THE U.S. DEPARTMENT OF COMMERCE, TRADE AND ECONOMIC SANCTIONS MAINTAINED BY THE U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL (“OFAC”), AND THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (“ITAR”) MAINTAINED BY THE U.S. DEPARTMENT OF STATE.

YOU REPRESENT AND WARRANT THAT:
        (A) YOU ARE NOT LOCATED IN, AND ARE NOT A NATIONAL OR RESIDENT OF, ANY COUNTRY SUBJECT TO A U.S. GOVERNMENT EMBARGO OR DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY;
        (B) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND
        (C) YOU WILL NOT USE THE SERVICES FOR ANY PURPOSE PROHIBITED BY U.S. EXPORT LAWS AND REGULATIONS, INCLUDING NUCLEAR, CHEMICAL, OR BIOLOGICAL WEAPONS PROLIFERATION.

SECTION 24 - ARBITRATION AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED BELOW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR THE BREACH THEREOF, SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

THE ARBITRATION SHALL BE CONDUCTED IN CLARK COUNTY, NEVADA, IN THE ENGLISH LANGUAGE, AND THE ARBITRATOR SHALL APPLY THE LAWS OF THE STATE OF NEVADA. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY THAT WOULD OTHERWISE BE AVAILABLE IN COURT, PROVIDED THAT THE ARBITRATOR MAY NOT AWARD DAMAGES, REMEDIES, OR RELIEF BEYOND THOSE PERMITTED BY THESE TERMS.

EITHER PARTY MAY SEEK TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT ITS RIGHTS OR PROPERTY PENDING FINAL RESOLUTION THROUGH ARBITRATION.

SUBJECT TO THE FOREGOING, YOU AND SHIP.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE OTHERWISE, NO ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO HELP@SHIP.COM WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE YOUR FULL NAME, CONTACT INFORMATION, AND A CLEAR STATEMENT OF YOUR INTENT TO OPT OUT OF ARBITRATION.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  We may notify you of material changes by email or by prominent notice on the platform.

SECTION 26 - ELECTRONIC COMMUNICATIONS

When you use the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or through the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SECTION 27 - INTELLECTUAL PROPERTY RIGHTS

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Ship.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the website is transferred to you, and all rights not expressly granted are reserved by Ship.com. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

SECTION 28 - COPYRIGHT INFRINGEMENT AND DMCA POLICY

Ship.com respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and an email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.

Please send DMCA notifications to:

Ship.com, Inc. ATTN: Copyright Agent, 43 Brandermill Drive, Las Vegas NV 89052

SECTION 29 - FORCE MAJEURE

Ship.com shall not be liable for any delay or failure to perform any obligation under these Terms due to causes beyond its reasonable control. Such causes include, but are not limited to: acts of God, natural disasters (including earthquakes, hurricanes, floods, or fires), war, terrorism, civil unrest, riots, pandemics, epidemics, public health emergencies, embargoes, acts of civil or military authorities, labor disputes, strikes, supply chain disruptions, or shortages of transportation, fuel, energy, labor, or materials. Any such delay or failure shall not constitute a breach of these Terms.

SECTION 30 - ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ship.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

SECTION 31 - CANCELLATION AND RETURNS POLICY

You can choose to cancel your account at any time by going to your Billing Settings page. If you have any trouble cancelling or updating your subscription, you can contact help@ship.com for assistance. You will retain access to your account until the end of your Billing Cycle. At that point, your account will be canceled and you will not be billed for your subscription. You are responsible for whatever charges have already been incurred for the current Billing Cycle.

For example, if your subscription renews on the 10th of each month, and you choose to cancel your subscription on the 20th, then you will still pay for the current month but will not be charged again. Annual plans are not refunded and will be canceled at the end of the annual billing period.

We do not offer refunds on monthly or annual subscription fees. You may receive a refund on any shipping funds remaining in your account if that amount exceeds fifty dollars ($50) and if you request the refund via email to help@ship.com within fifteen (15) days of the end of your billing cycle. After 15 days no refunds will be granted.

All cancellation requests must be made at least three (3) business days before the end of your current Billing Cycle to ensure that you are not charged for the next Billing Cycle.

Certain jurisdictions may provide additional statutory rights that supersede this policy.

SECTION 32 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@ship.com.

Part II: Additional Terms (Forming part of the terms of service)

OVERVIEW

These Additional Product Terms form an integral part of the Ship.com Terms of Service. By using the Invoicing, Marketing, Loyalty, or any other related tools (collectively, the ‘Tools’), you agree to be bound by both these Product Terms and the General Terms of Service.

1. Marketing and Customer Programs (continued)

In using the Tools, you will not use purchased, rented, or third-party lists of email addresses or contact information, nor will you send unsolicited messages to Customers in violation of applicable laws, including but not limited to CAN-SPAM, TCPA, and other anti-spam or privacy laws. You agree to obtain all necessary consents, permissions, and authorizations required under applicable law before sending any messages using the Tools.

You are solely responsible for complying with all applicable laws and regulations regarding your marketing campaigns, loyalty programs, referral incentives, or promotional offers. Ship.com makes no guarantees regarding the effectiveness of any campaign or the response rates from Customers. You are responsible for managing unsubscribe requests and opt-out mechanisms in accordance with the law.

2. Customer Data

You acknowledge and agree that any data collected or stored through the Tools, including Customer contact details and engagement activity, is your responsibility and remains your property. However, Ship.com may use aggregated and anonymized data to improve and optimize the performance of its Tools and Services.

You represent and warrant that you have the right to collect, store, and use all Customer Data you provide to or generate through the Tools, and that doing so does not violate any third-party rights or applicable privacy regulations. You must comply with your own privacy policy and all applicable data protection and privacy laws.

3. Invoicing and Payment Collection

If you use Ship.com Invoicing or accept payments through the Tools, you agree to the separate Invoicing Payment Terms, which may be updated periodically. Ship.com may use third-party payment processors to facilitate transactions. You are responsible for ensuring that any amounts invoiced to your Customers are accurate and lawful. Ship.com does not provide accounting or tax advice, and you are responsible for any tax implications arising from your use of the Invoicing Tools.  

Any disputes between you and your Customers regarding payments, refunds, or services rendered are your responsibility. You agree to indemnify and hold Ship.com harmless from any claim or liability arising from payment-related issues with your Customers.  You assume all responsibility for chargebacks, disputes, or transaction failures arising from your use of the invoicing tools.

You agree to reimburse Ship.com for any fees, penalties, or costs incurred by Ship.com as a result of chargebacks, credit card disputes, ACH payment failures, or any other transaction reversals initiated by your Customers or your use of the Tools. This includes, but is not limited to, fees imposed by payment processors, banks, or card networks due to your failure to comply with applicable law, processor rules, or these Terms.

4. Suspension or Termination of Tools Access

Ship.com reserves the right to suspend or terminate access to any or all Tools at any time and for any reason, including if you breach these Product Terms, the General Terms, or any applicable law. Upon termination, your access to data and content stored in the Tools may be lost or become unavailable. We strongly recommend exporting your data regularly if continued access is important to your business.

5. Additional Disclaimers

The Tools are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Ship.com does not guarantee the delivery, timeliness, or success of any messages or campaigns sent using the Tools.

Ship.com is not responsible for any loss or damage caused by errors or delays in message delivery, system failures, or third-party service disruptions. You are solely responsible for ensuring that your use of the Tools aligns with your business goals and legal obligations.

6. AI-Powered Features and Limitations

Some Tools may include AI-powered features designed to provide insights, suggestions, or data-driven optimizations. These features are offered “as is” and for informational purposes only. Ship.com does not warrant the accuracy, completeness, or suitability of any AI-generated content or recommendations. You remain solely responsible for verifying the accuracy of AI outputs and for all decisions made based on such information.

Final Statement

Thank you for using Ship.com. We are committed to providing you with powerful tools to support your business, and we appreciate your partnership. If you have any questions about these Terms of Service, including the Additional Tools Terms, please contact us at help@ship.com.