Terms of Service

1. Acceptance of Terms

Welcome to ShipFifty. These Terms of Service ("Terms") govern your access to and use of ShipFifty LLC's ("ShipFifty," "we," "our," or "us") website, platform, services, and API (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

ShipFifty provides third-party logistics (3PL) services including but not limited to:

• Warehousing and inventory storage
• Order fulfillment and shipping
• International shipping and customs handling
• Returns management and processing
• Platform integrations with e-commerce channels
• API access for custom integrations
• Reporting and analytics tools

The specific services available to you will depend on your service agreement and subscription level.

3. Account Registration and Security

A. Account Creation

To use certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

B. Account Security

You are responsible for safeguarding your password and any other credentials used to access your account. ShipFifty cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. User Responsibilities

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Provide accurate product information, including dimensions, weight, and contents
• Not ship prohibited, illegal, hazardous, or restricted items
• Ensure proper packaging and labeling of products sent to our facilities
• Maintain adequate insurance for your inventory
• Respond promptly to any compliance or documentation requests
• Pay all fees and charges in accordance with your service agreement

Prohibited Items

You may not store or ship items that are:

• Illegal under federal, state, or local law
• Hazardous materials without proper certification
• Perishable goods (unless specifically agreed upon)
• Firearms or weapons
• Counterfeit or trademark-infringing products
• Living creatures or plants
• Currency, precious metals, or high-value items without prior arrangement

5. Fees and Payment

A. Service Fees

You agree to pay all fees associated with your use of the Services as specified in your service agreement. Fees may include:

• Storage fees (based on volume or pallet space)
• Pick and pack fees (per order or per item)
• Shipping and carrier charges
• Special handling fees
• Returns processing fees
• Platform and integration fees

B. Payment Terms

Invoices are issued according to your billing cycle. Payment is due within the timeframe specified in your service agreement. Late payments may incur interest charges and may result in service suspension.

C. Fee Changes

We reserve the right to modify our fees with 30 days' written notice. Continued use of the Services after fee changes take effect constitutes acceptance of the new fees.

6. Intellectual Property

A. Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations), are owned by ShipFifty or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

B. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in accordance with these Terms.

C. Restrictions

You may not:

• Copy, modify, or distribute our software or content
• Reverse engineer, decompile, or disassemble our software
• Remove any proprietary notices or labels
• Use our trademarks without written permission
• Create derivative works based on our Services
• Resell or sublicense access to our platform

D. Your Content

You retain ownership of any content, data, or materials you provide to us ("Your Content"). By providing Your Content, you grant us a license to use, store, and process it as necessary to provide the Services.

7. API Terms

If you access our Services through our API, the following additional terms apply:

• You must use API keys provided by ShipFifty and keep them confidential
• You may not exceed rate limits or use the API in a way that degrades service for others
• You must comply with our API documentation and guidelines
• We may modify, suspend, or discontinue API access with reasonable notice
• You are responsible for the security of your API integrations

8. Service Availability and Support

A. Uptime

We strive to maintain 99.9% platform uptime but cannot guarantee uninterrupted access to the Services. Scheduled maintenance will be communicated in advance when possible.

B. Support

We provide customer support during business hours. Support response times and channels depend on your service level agreement.

C. Third-Party Services

Our Services integrate with third-party platforms and carriers. We are not responsible for outages, delays, or issues caused by these third-party services.

9. Limitation of Liability

A. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

B. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPFIFTY SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from third-party actions or services
• Damages exceeding the total fees paid by you in the 90 days preceding the claim

C. Carrier Liability

Shipping carrier liability is governed by the carrier's terms and tariffs. We will assist in filing claims but are not liable for carrier delays, damages, or losses beyond the extent covered by the carrier's liability.

D. Inventory Liability

Our liability for lost, damaged, or destroyed inventory while in our possession is limited to the declared value of the inventory or replacement cost, whichever is lower, subject to the terms of your service agreement.

10. Indemnification

You agree to indemnify, defend, and hold harmless ShipFifty and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your products or inventory
• Any claims by your customers or end users

11. Termination

A. Termination by You

You may terminate your account at any time by providing written notice in accordance with your service agreement. You remain responsible for all fees incurred prior to termination.

B. Termination by ShipFifty

We may suspend or terminate your access to the Services immediately if you:

• Breach these Terms or your service agreement
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Store or ship prohibited items
• Use the Services in a way that harms us or other users

C. Effect of Termination

Upon termination:

• Your access to the platform will be disabled
• You must pay all outstanding fees
• You must arrange for removal of your inventory within 30 days
• Inventory not removed may be subject to storage fees and eventual disposal

12. Dispute Resolution

A. Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law principles.

B. Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New Jersey.

C. Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. General Provisions

A. Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and ShipFifty regarding the Services.

B. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

C. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

D. Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

E. Notices

We may provide notices to you via email, through the platform, or by posting on our website. You may provide notices to us at the address below.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform at least 30 days before they take effect. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

We encourage you to review these Terms periodically. The "Last updated" date at the top indicates when these Terms were last revised.

15. Contact Information

If you have any questions about these Terms, please contact us:

ShipFifty LLC
150 Main Rd
Montville, NJ 07045
United States

Email: legal@shipfifty.com
General Inquiries: hello@shipfifty.com

By using ShipFifty's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.