Terms of Service

    Last Updated: March 19, 2025

    1. Acceptance of Terms

    By accessing or using the Shipsidekick website, mobile applications, or any services offered by Ship Sidekick Inc. (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

    These Terms constitute a legally binding agreement between you and Ship Sidekick Inc. ("Shipsidekick", "we", or "our"). If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms, and references to "you" mean that business.

    2. Service Description

    Shipsidekick provides shipping management tools and services, including but not limited to label creation, rate comparison, shipment tracking, address verification, and reporting tools. We facilitate access to shipping services offered by various carriers, but we are not the carrier or shipper ourselves. Shipsidekick also provides enterprise resource planning (ERP) functionality, including inventory management, order management, financial data tracking, warehouse management, and omnichannel commerce tools.

    Shipsidekick may modify, suspend, or discontinue any aspect of the Services at any time. We reserve the right to impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

    3. Use License

    Permission is granted to temporarily access and use the Services on a personal device for business purposes only. This is the grant of a license, not a transfer of title, and under this license you may not:

    • Modify or copy the materials except as necessary for your authorized use of the Services;
    • Use the materials for any purpose other than your legitimate business operations;
    • Attempt to decompile or reverse engineer any software contained in the Services;
    • Remove any copyright or other proprietary notations from the materials;
    • Transfer the materials to another person or entity or "mirror" the materials on any other server;
    • Use the Services to store or transmit any code, files, scripts, or programs designed to harm, disrupt, or limit the proper functionality of any software, hardware, or telecommunications equipment;
    • Use any robot, spider, or other automated device or process to access the Services for any purpose.

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Shipsidekick at any time without notice.

    4. Account Registration and Security

    To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

    You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Shipsidekick will not be liable for any losses caused by unauthorized use of your account.

    You must be at least 18 years old and legally able to enter into contracts to create an account and use our Services.

    5. Pricing and Payment

    Shipsidekick offers various subscription plans, as well as pay-as-you-go options. Current pricing is available on our website and may change from time to time. We bill in advance for subscription plans and will automatically renew your subscription unless you cancel before the renewal date.

    You are responsible for all shipping costs, carrier fees, and any other transactional costs associated with your use of the Services, in addition to subscription fees. Carrier rates displayed through our Services are subject to change without notice.

    You agree to provide and maintain valid payment information. If we cannot charge your payment method for any reason, we reserve the right to cancel or suspend your account.

    6. Carrier Relationships and Compliance

    When using our Services to access carrier services (USPS, UPS, FedEx, etc.), you must comply with all applicable carrier terms, conditions, and regulations. Each carrier maintains its own terms of service and policies which you must review and accept before using their services through our platform.

    Shipsidekick is not responsible for carrier service disruptions, delays, or failures. Shipping rates, transit times, and service availability displayed in our Services are provided by carriers and are subject to change without notice.

    You acknowledge that carriers may perform their own validation of your shipments and may reject, return, or hold packages that violate their terms or applicable laws.

    7. ERP Functionality and Data Management

    Our ERP functionality allows you to manage business operations including inventory, orders, finances, warehousing, and omnichannel sales. By using these features, you acknowledge and agree to the following:

    • You are solely responsible for the accuracy of all data entered into the system;
    • While we implement reasonable security measures, you are responsible for establishing and maintaining internal controls over your financial reporting and record keeping;
    • Changes made in the system may have immediate effects across your connected services and integrations;
    • Shipsidekick is not responsible for any business decisions made based on data generated by our Services;
    • You must regularly backup your data according to your own business needs and compliance requirements;
    • You will comply with all applicable accounting, tax, and financial reporting laws in your use of our Services.

    For users of our inventory management, order management, and warehouse management features, you acknowledge that these systems are tools to assist your operations but do not replace proper inventory control procedures or human oversight.

    8. Third-Party Integrations

    The Services may allow you to integrate with third-party services, marketplaces, payment processors, accounting systems, and other business tools. You acknowledge and agree that:

    • Shipsidekick does not endorse and is not responsible for the content, policies, or practices of any third-party services;
    • Your use of third-party integrations is subject to their respective terms of service and privacy policies;
    • Shipsidekick is not responsible for any data transmission between our Services and third-party services;
    • Integration availability may change without notice as third-party services update their systems;
    • You are responsible for maintaining any necessary accounts and credentials with third-party services;
    • Shipsidekick does not guarantee the continued availability of any third-party integration.

    9. Prohibited Items and Restricted Activities

    You may not use the Services to ship items that are prohibited by carriers or by applicable law, including but not limited to hazardous materials, illegal substances, and counterfeit goods. You are solely responsible for ensuring that your shipments comply with all applicable laws and regulations, including customs requirements for international shipments.

    You agree not to use our Services to:

    • Violate any laws or regulations
    • Infringe on the rights of others
    • Distribute malware or harmful code
    • Attempt to gain unauthorized access to our systems
    • Engage in fraudulent activities
    • Send unsolicited commercial messages
    • Record false, inaccurate, misleading, or fraudulent financial data
    • Input data that violates accounting standards or financial regulations

    Shipsidekick reserves the right to refuse service, terminate accounts, and report violations to appropriate authorities.

    10. Data Usage and Privacy

    Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

    You acknowledge that we may share certain information with carriers, payment processors, and other service providers to fulfill our services. We may also disclose information to comply with legal obligations.

    If you provide us with information about your customers or recipients, you represent that you have the legal right to do so and that you have informed them about such sharing.

    When using our ERP features, you may input commercially sensitive business data. While we implement industry-standard security measures, you acknowledge that no system is completely secure. You are responsible for implementing appropriate access controls within your organization to limit who can view or modify sensitive business data.

    11. Intellectual Property

    All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof, are owned by Ship Sidekick Inc., its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

    You may not modify, reproduce, distribute, create derivative works from, publicly display, or exploit in any way any content from our Services without our prior written consent.

    You retain your rights to any content you submit through the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing and improving our Services.

    12. Disclaimer

    THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHIPSIDEKICK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

    FURTHER, SHIPSIDEKICK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SERVICES.

    THE FINANCIAL AND BUSINESS INFORMATION PROVIDED THROUGH OUR ERP FEATURES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED ACCOUNTING, LEGAL, OR TAX ADVICE. YOU SHOULD CONSULT WITH QUALIFIED PROFESSIONALS FOR ADVICE CONCERNING SPECIFIC ACCOUNTING, LEGAL, OR TAX MATTERS.

    13. Accuracy of Content

    The content appearing on Shipsidekick's website and Services could include technical, typographical, or photographic errors. Shipsidekick does not warrant that any of the content is accurate, complete, or current. Shipsidekick may make changes to the content at any time without notice. However, Shipsidekick does not make any commitment to update the content.

    Shipping rates, delivery estimates, and other carrier information are provided by the respective carriers and may not be accurate or current. Similarly, third-party marketplace information, inventory levels at external warehouses, and other integrated data may not reflect real-time conditions.

    14. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIPSIDEKICK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

    1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
    2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING CARRIERS;
    3. ANY CONTENT OBTAINED FROM THE SERVICES; OR
    4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
    5. ERRORS OR INACCURACIES IN FINANCIAL, INVENTORY, OR ORDER DATA PROCESSED THROUGH OUR SERVICES;
    6. BUSINESS DECISIONS OR ACTIONS TAKEN BASED ON INFORMATION PROVIDED BY THE SERVICES.

    IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO SHIPSIDEKICK FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

    THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

    15. Indemnification

    You agree to indemnify, defend, and hold harmless Shipsidekick and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your violation of any applicable laws, rules, or regulations.

    17. Dispute Resolution

    Arbitration Agreement. You and Shipsidekick agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, shall be resolved by binding arbitration, rather than in court, except that you or Shipsidekick may assert claims in small claims court if they qualify.

    Class Action Waiver. You and Shipsidekick agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Shipsidekick agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

    Governing Law. These Terms and any dispute between you and Shipsidekick shall be governed by the laws of California, without regard to principles of conflicts of law.

    18. Termination

    You may terminate your account at any time by contacting us or using account deletion features if available. Shipsidekick reserves the right to terminate or suspend your account or access to the Services at any time, with or without cause and with or without notice.

    Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    We will not refund any prepaid fees for the then-current subscription period at the time of termination unless otherwise required by law.

    Following termination, you will have 30 days to export or download your data from our Services, after which we may delete all your data from our active systems. We may retain archived copies of your data as required by law or for legitimate business purposes.

    19. Modifications to Terms

    Shipsidekick reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the amended Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications will constitute your agreement to the updated Terms.

    If you do not agree to the modified Terms, you must stop using the Services.

    20. General Provisions

    Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Shipsidekick concerning the Services.

    Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

    No Waiver. The failure of Shipsidekick to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

    Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Shipsidekick may assign these Terms at any time without notice.

    Force Majeure. Shipsidekick shall not be liable for any failure to perform its obligations where such failure is a result of acts of nature, network failures, acts of war or terrorism, riots, civil disorders, or other events outside our reasonable control.

    21. Contact Information

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

    Ship Sidekick Inc.
    2261 Market Street STE 22352
    San Francisco, CA 94114
    Email: support@shipsidekick.com