Terms and Conditions

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. For material changes, we will provide notice by email to the address associated with your Account or by prominent notice within the Services at least fifteen (15) days before the changes take effect, except where changes are required by Applicable Law or address new features, in which case they may take effect immediately. Your continued use of or access to the Services after the effective date of any changes constitutes acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Services and may cancel your Account as described in Section 32.1.

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.

• “Account” means the registered user profile created by or for you to access and use the Ship.com Services.
• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with Ship.com.
• "Aggregated Data," "Derived Data," and "Service Data" have the meanings set forth in Section 34 (Data Rights and Ownership).
• "AI Features," "AI Inputs," and "AI Outputs" have the meanings set forth in Part II, Section 6 (AI-Powered Features and Limitations).
• “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.
• “Billing Cycle” means the recurring monthly or annual period for which subscription fees are charged to your Account.
• “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.
• “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.
  
• “Customer” means any individual or entity that uses the Services, including you and any of your authorized users.
  
• “DMCA” means the Digital Millennium Copyright Act (17 U.S.C. § 512), as amended.
• “Intellectual Property” means all rights in patents, copyrights, trademarks, trade secrets, databases, and all other intellectual property or proprietary rights recognized under Applicable Law.
  
• “Order” means any request or transaction initiated through the Ship.com platform for purchasing a shipping label, tool, subscription, or other product or service.
  
• “Referral Program” means Ship.com’s refer-a-friend program that may provide promotional subscription benefits (including a free month) to eligible users who refer new customers, subject to these Terms and any program requirements communicated through the Platform.
  
• “Referral Link” means the unique link or code Ship.com provides to a User for sharing the Referral Program with a prospective new customer.
  
• “Referring User” means the User who shares a Referral Link.
• “Referred User” means the individual or entity that signs up using a Referral Link and meets the Referral Program requirements.
• “Referral Credit” means a promotional credit or free month applied to an eligible Subscription in connection with the Referral Program.
• “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.
  
• “Platform” or “Site” means the website located at www.ship.com and any subdomains, mobile applications, or other digital interfaces provided by Ship.com.
  
• “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.
  
• “Ship.com,” “we,” “us,” or “our” means Ship.com, Inc., a Delaware corporation.
• "Shipping Funds" means prepaid amounts loaded to your Account for the purchase of postage, shipping labels, or carrier services.
• “Subscription” means a paid plan or account level that grants access to premium Services during a Billing Cycle.
• “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.
• “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.
• “User,” “you,” or “your” means any individual or entity that accesses or uses the Platform, including Account holders and authorized users.
• “User Content” means any data, information, text, graphics, photos, or other materials submitted by you or users of your Account through the Service
• “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:

• You are at least the age of majority in your jurisdiction of residence, or you are the parent or legal guardian of a minor dependent and consent to and supervise that dependent's use of the Services and accept full responsibility for it. The Services are not directed to children under thirteen (13) years of age, and no person under 13 may use the Services under any circumstances;
• You have the legal capacity and authority to enter into this agreement;
• You will not use our products for any illegal or unauthorized purpose;
• 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);
• You will not transmit any worms or viruses or any code of a destructive nature; and
• 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.

Data transmitted through the Services is encrypted in transit using industry-standard protocols (such as TLS). You understand that your Content may (a) be transmitted over various networks and (b) undergo changes to conform to technical requirements of connecting networks or devices. Payment card information is handled by PCI-DSS-compliant payment processors and is always encrypted in transit. Notwithstanding the foregoing, no method of transmission or storage is completely secure, and Ship.com does not guarantee absolute security.

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. AI Features are governed by Part II, Section 6 (AI-Powered Features and Limitations), which applies in addition to this Section.

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 refund or cancellation only as provided in Section 32.

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) and to obtain payment authorizations from the issuer of your credit card or from your bank.

Ship.com offers both free and paid services and accounts. Paid accounts are offered on a recurring subscription basis. BY SIGNING UP FOR A SUBSCRIPTION, YOU AUTHORIZE SHIP.COM TO CHARGE YOUR PAYMENT METHOD ON A RECURRING BASIS (MONTHLY OR ANNUALLY, DEPENDING ON YOUR SELECTED PLAN) AT THE THEN-CURRENT SUBSCRIPTION RATE, PLUS APPLICABLE TAXES, AT THE START OF EACH BILLING CYCLE, UNTIL YOU CANCEL. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. YOU MAY CANCEL AT ANY TIME, EFFECTIVE AS DESCRIBED IN SECTION 32.1, THROUGH YOUR BILLING SETTINGS PAGE.

If a free trial is applied to your Account: (a) the length of the trial and the date and amount of your first charge are disclosed at signup; (b) your selected plan will begin, and your payment method will be charged, automatically at the end of the trial unless you cancel before the trial ends; and (c) free trials last fourteen (14) days unless otherwise stated at signup. For annual Subscriptions, and wherever required by Applicable Law, Ship.com will send a renewal reminder to the email address associated with your Account between fifteen (15) and forty-five (45) days before the renewal date, identifying the renewal amount, date, and cancellation method.

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 for such third-party amounts, plus an administrative fee equal to fifteen percent (15%) of the reimbursable amount (minimum $2.00), which you and Ship.com agree is a genuine and reasonable pre-estimate of Ship.com's internal cost of investigating, processing, and administering such third-party charges, and not a penalty. 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 - Referral Program

9.1 Program Overview

‍Ship.com may offer a Referral Program that provides promotional subscription benefits (including a free month) to eligible users who refer new customers. Participation is optional and subject to these Terms, any requirements shown in the Ship.com Services, and any additional instructions or limitations we communicate from time to time.

‍9.2 Eligibility

‍Unless otherwise stated in the Ship.com Services: Referral benefits are available only for new customers who have not previously created an account or subscribed to Ship.com (as determined by Ship.com in its sole discretion).

The Referred User must activate a paid Subscription on a plan designated by Ship.com as referral-eligible (as shown in the Ship.com Services) to qualify. Activation may occur after a free trial converts to a paid subscription, or through a partner-branded signup flow that begins as paid immediately.

The Referring User must have an active Subscription on an eligible plan at the time the Referral Credit is issued. Plans designated by Ship.com as ineligible will not receive Referral Credits.

9.3 Referral Credits and Limits

‍Referral Credits apply to the next billing period unless Ship.com specifies otherwise in the Ship.com Services.

Referral Credits have no cash value, are non-transferable, and may not be redeemed for cash, refunded, or applied to prior billing periods.

Referral benefits may be subject to a per-account cap (for example, a maximum number of rewarded referrals). If a cap applies, it will be displayed in-product or otherwise communicated by Ship.com.

9.4 Valid Referrals; Good-Faith Use

‍Referrals must be made in good faith to real prospective customers. You may not misuse the Referral Program, including by creating multiple accounts, self-referring, using automated or bulk distribution methods, misleading advertising, or any activity Ship.com determines is abusive, fraudulent, or intended to circumvent eligibility rules or program limits.

‍9.5 Verification; Withholding; Reversal

‍Ship.com may verify eligibility and compliance before issuing Referral Credits. We may delay, withhold, deny, or reverse Referral Credits if we determine (in our sole discretion) that a referral is invalid, suspected of abuse or fraud, violates these Terms, or results from prohibited activity. If your participation is suspended or terminated for misuse, any unissued or unredeemed Referral Credits may be forfeited.

‍9.6 Changes; Suspension; Termination

‍Ship.com may modify, suspend, or terminate the Referral Program (in whole or in part) at any time, with or without notice, including changing eligibility, plan requirements, reward amounts, caps, or timing. Continued participation after changes constitutes acceptance of the updated terms.

‍9.7 Taxes

‍You are responsible for any taxes, reporting obligations, or other liabilities related to receiving Referral Credits or other referral benefits, if applicable.

Section 10 - 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 11 - 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:

• Link from your own or certain third-party websites to certain content within our Service;
• Send e-mails or other communications with certain content, or links to certain content, using the Services;
• 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:

• Establish a link from any website that is not owned by you;
• 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;
• Link to any part of the Services other than what we expressly allow in our sole discretion;
• 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 12 - 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 13 - 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 14 - 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 15 - 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://www.ship.com/privacy-policy.

Use of the Services may involve processing of Personal Information. Where Ship.com processes Personal Information about you as a user of the Services, Ship.com acts as an independent controller/business as described in our Privacy Policy. Where you use the Services or Tools to process Personal Information of your own customers, Ship.com processes that information as your service provider/processor on your behalf and under your instructions. Additional terms may apply under our Data Processing Addendum (DPA), available upon request.

Section 16 - 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 your payment method on file for the adjusted postage amount assessed by the carrier, plus an administrative fee equal to fifteen percent (15%) of the adjustment (minimum $2.00), which you and Ship.com agree is a genuine and reasonable pre-estimate of the internal cost of processing the carrier adjustment, and not a penalty. Ship.com will make adjustment records available upon request.

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 17 - 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:

• 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.
• 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.
• 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.
• 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.
• 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.
• 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. Enforcement actions may include removing content, suspending or terminating access to the Services, withholding funds attributable to fraudulent activity pending investigation, reporting to carriers, payment networks, law enforcement, or regulatory authorities, and 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.

Section 18 - Disclaimer of Warranties; Limitation of Liability

Except as expressly set forth herein, to the fullest extent permitted by applicable law:

(a) Disclaimer of Warranties. 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) Exclusion of Indirect Damages. In no case shall Ship.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any indirect, incidental, punitive, special, consequential, or exemplary damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, loss of goodwill, business interruption, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured through the Service, even if advised of the possibility of such damages.

(c) Liability Cap. In no event shall the total aggregate liability of Ship.com and the parties identified in clause (b) for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the total Subscription fees paid by you to Ship.com during the twelve (12) months immediately preceding the event giving rise to the claim.

(d) Essential Basis. You acknowledge that Ship.com has set its prices and offers the Services in reliance upon the limitations of liability in this Section, which allocate risk between the parties and form an essential basis of the bargain, and that Ship.com would not be able to provide the Services on these terms without them.

(e) Carriers. Ship.com is not responsible for errors, delays, losses, or damages caused by third-party carriers, including loss of or damage to shipments. All such claims must be directed to the relevant carrier under that carrier's terms and claims process.

(f) AI Features. Liability arising from or relating to AI Features is further limited as set forth in Part II, Section 6, which controls over this Section with respect to AI Features.

(g) Savings Clause. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our warranties and liability shall be limited to the maximum extent permitted by applicable law. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

(h) Claims Period. Except where prohibited by applicable law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim accrues; otherwise, the claim is permanently barred.

Section 19 - 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 or misuse of the Services in violation of these Terms or Applicable Law, or your shipments, products, or dealings with your own customers; (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 20 - 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.

Without limiting the foregoing, the following survive any termination or expiration of these Terms: Section 2 (license restrictions), Section 8 (amounts owed and reimbursement obligations), Section 14 (submissions license), Section 18 (disclaimers and limitation of liability), Section 19 (indemnification), Section 20 (severability and survival), Section 22 (entire agreement), Section 23 (governing law), Section 25 (arbitration agreement), Section 28 (intellectual property), Section 32 (refund obligations and limitations), Section 34 (data rights), and Part II Sections 2, 5, and 6, together with all other provisions that by their nature should survive.

Section 21 - 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 22 - 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 23 - 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 24 - 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 25 – Dispute Resolution and Arbitration Agreement

Please read this Section carefully. It requires disputes to be resolved through binding individual arbitration and waives your right to a jury trial and to participate in class actions. You may opt out as described in Section 25.8.

25.1 Informal Resolution First
‍
Before initiating arbitration, you and Ship.com agree to attempt in good faith to resolve any dispute informally. The party raising the dispute must send an individualized written notice to the other (for Ship.com: help@ship.com or the notice address in Section 35) describing the dispute, the specific relief sought, and, for you, your Account email. The parties shall confer in good faith (by phone or videoconference if either party requests) for at least sixty (60) days from receipt of the notice before either party may commence arbitration. This requirement is a condition precedent to arbitration, and any applicable statute of limitations is tolled during this period.

‍25.2 Agreement to Arbitrate

‍Except as provided in Section 25.3, any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between the parties shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA"). If you are an individual using the Services primarily for personal purposes, the AAA's Consumer Arbitration Rules apply; otherwise, the AAA's Commercial Arbitration Rules apply, in each case as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

25.3 Exceptions

Either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction; and (b) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, data, or the security or integrity of the Services, pending final resolution in arbitration.

25.4 Procedure
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‍A single arbitrator will be appointed under the applicable AAA rules. The arbitrator shall apply the substantive laws of the State of Nevada, consistent with the Federal Arbitration Act. If you are a consumer, the arbitration hearing (if any) will take place in the county of your residence or by videoconference, at your election; otherwise, arbitration will be conducted in Clark County, Nevada, in the English language. Arbitration fees will be allocated as provided in the applicable AAA rules, including any consumer fee caps. The arbitrator may award any relief available in court on an individual basis, including statutory remedies, subject to the limitations in Section 18 to the extent enforceable under Applicable Law.

‍25.5 Class Action Waiver

‍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, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) shall be severed and proceed in the courts identified in Section 23, and all remaining claims shall proceed in arbitration. This Class Action Waiver is not severable from the agreement to arbitrate as to any claim it covers.

‍25.6 Mass Filings

‍If twenty-five (25) or more similar demands for arbitration are filed against either party by or with the assistance of the same law firm or coordinated group, the parties agree the demands shall be resolved in staged proceedings: ten (10) cases per side shall be selected as bellwethers and arbitrated first, while the remaining cases are held in abeyance (with filing fees deferred and limitations periods tolled); following the bellwether awards, the parties shall engage in a global mediation before further cases proceed. A court of competent jurisdiction may enforce this subsection.

‍25.7 Jury Waiver

‍To the extent any claim proceeds in court rather than arbitration, you and Ship.com each waive any right to a jury trial to the fullest extent permitted by law.

25.8 Opt-Out

‍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, including your full name, Account email, and a clear statement of intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

Section 26 - 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 effective date of any changes to these Terms of Service constitutes acceptance of those changes. For material changes, we will provide notice by email to the address associated with your Account or by prominent notice within the Services at least fifteen (15) days before the changes take effect, except where changes are required by Applicable Law or relate to new features, in which case they may take effect immediately.

Section 27 - 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 28 - 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 solely for your internal business purposes (or personal shipping purposes, if you are an individual user), in accordance with the license granted in Section 2. 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:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own permitted use under Section 2 and not for further reproduction, publication, or distribution.
• 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 permitted use under Section 2, 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 29 - 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):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• 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;
• Your contact information, including your address, telephone number, and an email address;
• 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
• 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 our Designated Copyright Agent: Ship.com, Inc., Attn: Copyright Agent, 125 S Union St, Olean, New York 14760, United States; email: help@ship.com.

Counter-Notification
‍
If you believe material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent containing: (a) your physical or electronic signature; (b) identification of the material removed and its prior location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and (d) your name, address, telephone number, and consent to the jurisdiction of the federal district court for your judicial district (or, if outside the United States, the District of Nevada), and that you will accept service of process from the person who filed the original notification. Upon receipt of a valid counter-notification, we may restore the material in ten (10) to fourteen (14) business days unless the original complainant notifies us that it has filed a court action.

Section 30 - 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 31 - 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 32 - Cancellation, Refunds, and 30-Day Money-Back Guarantee

32.1 Cancellation
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You may cancel your Subscription at any time through your Billing Settings page. Cancellation through Billing Settings takes effect immediately upon submission — no phone call, email, or other contact with Ship.com is required. Upon cancellation, you will retain access to your paid Subscription features through the end of your then-current Billing Cycle, after which your Subscription will end and no further Subscription fees will be charged. You remain responsible for all charges already incurred for the current Billing Cycle. By way of example, if your Subscription renews on the 10th of each month and you cancel on the 20th, you retain access through the 9th of the following month and are not charged again. If you experience any difficulty cancelling, contact help@ship.com and we will process your cancellation effective as of the date of your first cancellation attempt.

‍32.2 30-Day Money-Back Guarantee

‍Notwithstanding any other provision of these Terms of Service, and as an express exception to the general no-refund policy set forth in Section 32.3, Ship.com offers a thirty (30) day money-back guarantee (the "Money-Back Guarantee") to eligible first-time subscribers, subject to the terms and conditions set forth in this Section 32.2.

• (a) Full Refund. If you are an eligible Customer and you are not fully satisfied with the Services for any reason, you may request, and Ship.com will provide, a full refund of the Subscription fees you paid for your first monthly Subscription Billing Cycle. No reason, justification, or explanation is required to qualify for a refund under this Section.
• (b) Eligibility. The Money-Back Guarantee is available solely to first-time subscribers and applies only to the first (1st) monthly Subscription payment charged to your Account. The Money-Back Guarantee: (i) may be redeemed only once per Customer and only once per Account; (ii) is not available to any Customer who has previously held, or previously received a refund on, any paid Subscription with Ship.com (as determined by Ship.com in its sole discretion, including across affiliated or related Accounts); (iii) does not apply to any renewal, subsequent Billing Cycle, or any Subscription payment other than the first monthly payment; and (iv) does not apply to annual Subscription plans, which are governed by Section 32.3.
• (c) Time Period. To be eligible for a refund under the Money-Back Guarantee, you must submit your refund request within thirty (30) calendar days after the date on which your first monthly Subscription fee is charged to your Account (the "Guarantee Period"). Requests received after the expiration of the Guarantee Period will not qualify for a refund under this Section.
• (d) Subscription Fees Only; Exclusions. The Money-Back Guarantee applies exclusively to monthly Subscription fees. It does NOT apply to, and Ship.com will NOT refund, any other amounts, including without limitation: (i) shipping fees, postage, label costs, carrier charges, or any funds loaded, spent, or reserved for the purchase of shipping labels or postage; (ii) any remaining shipping funds balance, which is governed solely by Section 32.3; (iii) fees for optional Tools, add-on features, or Third-Party Services; (iv) any surcharges, adjustments, penalties, or administrative fees described in these Terms, including those set forth in Sections 8 and 16; and (v) applicable taxes, where non-refundable under Applicable Law. For the avoidance of doubt, the Money-Back Guarantee covers only the monthly Subscription fee and no other charge of any kind.
• (e) How to Request a Refund. To exercise the Money-Back Guarantee, you must submit a request by email to help@ship.com from the email address associated with your Account, within the Guarantee Period, identifying your Account and stating that you are requesting a refund under the 30-Day Money-Back Guarantee.
• (f) Processing and Method of Refund. Approved refunds will be issued to the original payment method used for the qualifying charge. Ship.com will process eligible refunds within a commercially reasonable time, typically within ten (10) business days following approval, though the time for the refund to appear may vary depending on your financial institution or payment provider.
• (g) Effect of Refund; Termination of Subscription. Your submission of a refund request under the Money-Back Guarantee constitutes a request to cancel your Subscription. Upon issuance of a refund under this Section, your paid Subscription and access to the associated premium Services will terminate, and Sections 21 (Termination) and 20 (Severability, including survival) shall apply. Any promotional credits, Referral Credits, or discounts associated with the refunded Subscription will be forfeited.
• (h) Anti-Abuse. Ship.com reserves the right to deny, delay, withhold, or reverse any refund requested under the Money-Back Guarantee where Ship.com determines, in its reasonable, good-faith determination, that a request is fraudulent, abusive, made in bad faith, results from a violation of these Terms (including the Acceptable Use Policy in Section 17), or is an attempt to circumvent the eligibility limits of this Section, including through the creation of multiple Accounts. Accounts suspended or terminated for breach of these Terms are not eligible for the Money-Back Guarantee.

32.3 General Refund Policy; Shipping Funds
‍‍
Except as expressly provided in the Money-Back Guarantee set forth in Section 32.2, Ship.com does not offer refunds on monthly or annual Subscription fees. Annual plans are not refundable and will be cancelled at the end of the annual billing period.

Upon cancellation or termination of your Account, you may request a refund of any remaining Shipping Funds balance by email to help@ship.com within ninety (90) days following Account closure. Shipping Funds refunds are subject to a balance-refund processing fee equal to the lesser of (a) fifty dollars ($50.00) or (b) the remaining balance. You and Ship.com agree that this fee is a genuine and reasonable pre-estimate of Ship.com's actual cost of reviewing the Account for pending carrier adjustments and chargebacks, reversing and reconciling the funds, and administering the payout, and is not a penalty. Accordingly, balances of fifty dollars ($50.00) or less will net to zero after application of the processing fee, and no payout will issue. Ship.com may deduct from any refund amounts owed to Ship.com under these Terms, including pending carrier adjustments. Ship.com will handle any unrefunded balances in accordance with applicable unclaimed-property laws.

32.4 Statutory Rights

Certain jurisdictions may provide additional statutory rights that supersede this policy. Nothing in this Section 32 limits or waives any non-waivable refund or cancellation rights you may have under Applicable Law.

Section 33 - Contact Information

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

Section 34 – Data Rights and Ownership

34.1 Your Content
‍
As between you and Ship.com, you retain ownership of the raw User Content and Customer Data you submit to the Services. You represent and warrant that you have all rights, consents, and permissions necessary to submit such data and to grant the licenses in this Section, and that doing so does not violate any Applicable Law or third-party right.

‍34.2 License to Ship.com
‍
You hereby grant Ship.com and its Affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to host, store, access, use, process, copy, transmit, analyze, modify, create derivative works of, and display User Content and Customer Data, and any other data submitted to or generated through your use of the Services, for the purposes of: (a) providing, maintaining, securing, and supporting the Services; (b) preventing fraud and abuse and enforcing these Terms; (c) developing, training, testing, and improving Ship.com's products, services, algorithms, and machine-learning and artificial-intelligence models; (d) creating Aggregated Data and Derived Data; and (e) any other lawful business purpose consistent with our Privacy Policy and Applicable Law. This license survives termination of your Account to the extent necessary for the purposes above.

‍34.3 Ship.com Ownership of Platform and Derived Data
‍
Ship.com exclusively owns, and you assign to Ship.com to the extent any rights vest in you, all right, title, and interest in and to: (a) "Service Data" — all usage data, telemetry, log files, transaction records, performance data, and technical information generated by or collected through the operation of the Services; (b) "Aggregated Data" — data that has been aggregated and/or de-identified such that it does not identify you or any natural person; (c) "Derived Data" — all analyses, insights, benchmarks, statistical models, machine-learning models, model weights, and other works or improvements derived from or trained on data processed through the Services; and (d) all Intellectual Property in each of the foregoing. Ship.com may use, disclose, commercialize, and distribute Service Data, Aggregated Data, and Derived Data for any lawful purpose without notice, attribution, or compensation to you.

34.4 Precedence
‍‍
In the event of any conflict between this Section 34 and any other provision of these Terms regarding rights in data, this Section 34 controls.

Section 35 – Notices

Ship.com may provide notices to you by email to the address associated with your Account, by posting within the Services, or by mail. Notices to Ship.com that are required to be in writing under these Terms (including dispute notices under Section 25) must be sent to: Ship.com, Inc., Attn: Legal, 125 S Union St, Olean, New York 14760, United States, with a copy by email to help@ship.com. Notice is effective upon receipt.

Section 36 – Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Services are provided by Ship.com, Inc., 125 S Union St, Olean, NY 14760. Complaints regarding the Services or requests for further information may be sent to the address above or to help@ship.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Section 37 – Text Messaging

By providing a mobile number and opting in, you consent to receive text messages from Ship.com related to your Account and, where you separately opt in, marketing messages. Consent to marketing messages is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages.

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. Referral Program participation is also governed by Section 9 (Referral Program) of these Terms.

2. Customer Data

You acknowledge and agree that Customer Data you collect through the Tools, including Customer contact details and engagement activity, remains your responsibility and, as between you and Ship.com, your property, subject in all cases to the licenses and ownership allocations in Section 34 (Data Rights and Ownership) of the Terms, which govern. Without limiting Section 34, 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 available at https://www.ship.com/invoicing-terms, which are incorporated by reference and may be updated in accordance with Section 26 of the Terms. 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

6.1 Optional Use

Ship.com may offer features powered by artificial intelligence, machine learning, or large language models ("AI Features"), which may include, without limitation, AI-generated shipping recommendations, address correction, content drafting, customer-message generation, analytics, and automation. AI Features are optional. You choose whether to enable or use them, and by enabling or using any AI Feature you acknowledge and agree to this Section 6 and assume all risks arising from such use.

6.2 Nature of AI Outputs

AI Features generate outputs using probabilistic methods. Outputs ("AI Outputs") may be inaccurate, incomplete, outdated, biased, or offensive; may not reflect real-world facts, current carrier rules, rates, or legal requirements; and may differ across identical inputs. AI Outputs are not verified by Ship.com before delivery to you.

6.3 Your Responsibility to Verify

You are solely responsible for reviewing, validating, and approving all AI Outputs before using or relying on them, including without limitation shipping labels, addresses, rate selections, customs or regulatory classifications, invoices, and customer-facing communications. AI Outputs do not constitute legal, tax, financial, logistics, or other professional advice. Your business decisions, filings, shipments, and communications remain yours alone, and any decision made or action taken in reliance on an AI Output is at your sole risk.

6.4 Disclaimer and Exclusion of Liability

To the fullest extent permitted by applicable law: (a) AI Features and AI Outputs are provided "as is" and "as available," without warranties of any kind, express, implied, or statutory, including accuracy, reliability, completeness, merchantability, fitness for a particular purpose, and non-infringement; (b) Ship.com and the parties identified in Section 18(b) shall have no liability whatsoever — whether in contract, tort (including negligence), strict liability, or otherwise — for any loss, damage, cost, or claim arising from or relating to AI Features or AI Outputs, or your use of or reliance on them; and (c) your sole and exclusive remedy for any dissatisfaction with AI Features is to disable or discontinue using them. Nothing in this Section excludes liability that cannot lawfully be excluded; in such cases, Ship.com's liability is limited to the maximum extent permitted by law and, in any event, subject to Section 18.

6.5 Indemnity

In addition to Section 19, you agree to indemnify, defend, and hold harmless Ship.com and the parties identified in Section 19 from any claim, demand, loss, or liability (including reasonable attorneys' fees) arising from (a) your use of or reliance on AI Outputs, including any AI Output you transmit to your own customers or third parties, and (b) any data or content you submit to AI Features in violation of these Terms or Applicable Law.

6.6 AI Inputs and Data

Data you submit to AI Features ("AI Inputs") and AI Outputs are subject to the licenses and ownership allocations in Section 34 (Data Rights and Ownership) of the Terms, including Ship.com's right to use AI Inputs and AI Outputs to develop, train, and improve its models and services. Do not submit to AI Features any data you lack the right to provide, any sensitive Personal Information not required for the feature's function, or any third-party confidential information.

6.7 Availability and Changes

AI Features may be modified, suspended, or discontinued at any time without notice, may be subject to usage limits, and may rely on third-party model providers whose availability and terms may change. Ship.com may add human review, filtering, or safety systems to AI Features at its discretion.

6.8 Acceptable Use of AI Features

You may not use AI Features to generate unlawful, deceptive, or infringing content; to make automated decisions producing legal or similarly significant effects on consumers without required human review and disclosures; or in violation of Section 17 (Acceptable Use Policy).

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.