Terms of Service

Welcome to Ship Captain. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ship Captain ("Company," "we," "us," or "our") governing your access to and use of our multi-carrier shipping platform, including our websites, applications, APIs, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and 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 an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Services at least 30 days before taking effect. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

Service Description

Ship Captain provides a multi-carrier shipping platform that enables businesses to:

• Compare shipping rates across multiple carriers (UPS, FedEx, USPS, DHL, etc.)
• Create and manage shipping labels individually or in bulk
• Track shipments across carriers in real-time
• Manage team members with role-based access controls
• Maintain organization wallets for prepaid shipping
• Integrate with e-commerce platforms (Shopify, TikTok Shop, Amazon)
• Access warehouse management features including inventory and order management
• Utilize our API for custom integrations

Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of scheduled maintenance.

Third-Party Services

Our Services integrate with third-party shipping carriers, payment processors, and e-commerce platforms. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the actions, content, or policies of third-party services.

Account Registration

To access our Services, you must create an account by providing accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy. You must be at least 18 years old and have the legal capacity to enter into these Terms.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring that team members comply with these Terms

We strongly recommend enabling two-factor authentication to enhance account security. We are not liable for any loss or damage arising from unauthorized access to your account.

Our Access to Your Account

You authorize Ship Captain and its authorized personnel to access your account and associated data as reasonably necessary to provide, maintain, secure, troubleshoot, and support the Services, including responding to your support requests. Such access is limited to authorized personnel, subject to role-based access controls, multi-factor authentication, and audit logging, and is governed by our Privacy Policy and, where applicable, our Data Processing Addendum.

Organizations and Teams

Organization owners and administrators are responsible for managing team member access, permissions, and compliance with these Terms. Actions taken by team members under an organization account are binding on the organization.

Pricing

Our pricing includes per-seat subscription fees and pay-as-you-go shipping costs. Current pricing is available on our website and within the platform. We reserve the right to modify pricing with 30 days' notice. Price changes do not affect amounts already charged.

Organization Wallet

Shipping costs are deducted from your organization wallet. You may fund your wallet via credit card or ACH transfer. Wallet balances are non-refundable except as required by law or at our sole discretion; any refund we elect to evaluate or grant is subject to our Refunds policy below. You are responsible for maintaining sufficient balance to cover shipping costs.

Refunds

Any refund request must be submitted in writing to us at [email protected]. Upon receiving a refund request, we may suspend your account if it is not already suspended or terminated. Refund requests for unused organization wallet balances, when approved, may take up to thirty (30) days to process.

Subscriptions

Subscription fees are billed in advance on a monthly or annual basis. Subscriptions automatically renew unless cancelled before the renewal date. No refunds are provided for partial subscription periods or unused features.

Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on our net income.

Failed Payments

If payment fails, we may suspend access to the Services until payment is received. You remain responsible for all amounts owed. Continued non-payment may result in account termination and collection efforts.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use complies with all applicable laws, regulations, and carrier policies.

Your Responsibilities

• Provide accurate shipping information including addresses, package dimensions, and contents
• Comply with carrier-specific requirements and prohibited items lists
• Properly package items to prevent damage and comply with hazardous materials regulations
• Maintain accurate customs documentation for international shipments
• Respect carrier rate agreements and use credentials only as authorized
• Protect API keys and prevent unauthorized access to your integrations

You agree not to engage in any of the following prohibited activities:

Illegal Activities

• Shipping illegal, prohibited, or hazardous materials
• Engaging in fraud, including misrepresenting package contents, dimensions, or weight
• Using the Services for money laundering or financing illegal activities
• Violating export control laws or sanctions

Platform Abuse

• Attempting to gain unauthorized access to our systems, other users' accounts, or carrier systems
• Reverse engineering, decompiling, or attempting to extract source code from the Services
• Using automated tools to scrape data or abuse the platform
• Interfering with or disrupting the integrity or performance of the Services
• Circumventing usage limits, rate limits, or access controls

Resale and Misuse

• Reselling or redistributing the Services without authorization
• Creating labels for shipments you are not authorized to send
• Using carrier account credentials that you are not authorized to use
• Sharing your account with unauthorized parties or exceeding licensed user limits

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Shipping Liability

Ship Captain is not a shipping carrier. We provide a platform to access carrier services, but we are not responsible for:

• Lost, damaged, or delayed shipments
• Carrier service failures or rate changes
• Customs delays, duties, or fees
• Incorrect shipping rates quoted by carriers

Claims for lost or damaged shipments must be filed directly with the carrier according to their terms and conditions.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPCAPTAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, you remain responsible for any outstanding fees. Wallet balances are generally non-refundable upon voluntary termination.

Termination by Us

We may suspend or terminate your access to the Services immediately and without notice if:

• You breach these Terms or engage in prohibited activities
• Your payment is overdue for more than 30 days
• We are required to do so by law
• We reasonably believe your account has been compromised
• We discontinue the Services (with reasonable notice)

Effect of Termination

Upon termination, your right to access the Services ceases immediately. We may delete your data after a reasonable retention period, except as required for legal or compliance purposes. Provisions that by their nature should survive termination (including limitation of liability and dispute resolution) shall survive.

Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve your concerns within 30 days.

Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.