Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Shipper App” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Shipper App Inc (“Shipper App Inc”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Shipper App Inc, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.

Accounts and membership

You must be at least 18 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Backups

We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other resources

Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you click on the link and purchase an item, Shipper App Inc will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.

Pricing and Service Fees

Please carefully review the following terms and conditions before using our services as provided by Shipper App Inc. These terms and conditions pertain to the deduction of a percentage of the total fee, including third-party fees, as a service fee. By utilizing our services, you agree to abide by these terms and conditions.

Service Fee Deduction:

a. Shipper App Inc., the service provider, will deduct a total percentage of 20% from the total fee, which includes both our service fee and any applicable third-party fees.
b. The service fee deduction will be calculated based on the total fee amount, inclusive of third-party fees, before any taxes, charges, or other deductions.

Consent and Authorization:

a. By engaging in our services, you explicitly authorize Shipper App Inc. to deduct the total percentage of 20% from the total fee of and every shipment, including third-party fees, as the service fee.
b. As the user, you confirm that you possess full authority and rights to authorize the deduction of the service fee, including third-party fees.

Fee Calculation:

a. The total fee amount subject to the service fee deduction will be calculated based on the agreed-upon rates mutually executed by the parties (Sender and Shipper) in app.
b. Third-party fees incurred in the provision of services will be included in the total fee calculation for determining the service fee deduction.

Payment and Cash out:

a. The service fee, including third-party fees, will be deducted at the time of payment.
b. You, as the user, agree to the total fee, including the service fee and any applicable third-party fees, to be deducted at the time of payment.

Refunds and Adjustments:

a. The service fee deduction, including third-party fees, is non-refundable.

Termination and Cancellation:

a. Termination or cancellation of our services does not exempt you from the obligation to pay the service fee, including third-party fees, for the services already rendered or expenses incurred on your behalf.
b. In the event of termination or cancellation, the service fee deduction, including third-party fees, will be calculated based on the total fee charged.

By utilizing the services provided by Shipper App Inc., you acknowledge that you have read, understood, and agreed to these terms and conditions for deducting a total percentage of 20%, which includes third-party fees, as a service fee.

Cash out and the Cash out feature

Eligibility:

The cash out feature is available to user(s) who meet the following criteria:
a. Must be a registered user of the Shipper App Inc mobile application.
b. Must have accumulated a minimum balance threshold specified by Shipper App Inc.
c. Must comply with all applicable terms and conditions outlined in the Shipper App Inc mobile application.

Payout Request:

User(s) can initiate a cash out request through the Shipper App Inc mobile application by following the designated process. The request should include the desired payout amount, subject to any limitations or restrictions imposed by Shipper App Inc.
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Processing Time:

Shipper App Inc will make best efforts to process cash out requests promptly. However, the actual processing time may vary depending on various factors, including but not limited to, technical considerations, security checks, and third-party payment processors. Shipper App Inc shall not be held liable for any delays beyond its reasonable control.

Transaction Fees:

User(s) acknowledge and agree that third-party payment processors may charge fees for processing cash out requests or providing payment services. These fees, including any transaction fees, currency conversion fees, or other service-related charges, will be deducted from the payout amount. Users are solely responsible for any such fees imposed by third parties, and Shipper App Inc shall not be liable for any costs or losses incurred as a result of such fees.

Payment Methods:

User(s) may be provided with a range of payment methods to receive their payouts, such as bank transfers, digital wallets, or other designated payment platforms supported by Shipper App Inc. The availability of payment methods may vary based on the user's location and Shipper App Inc's policies.

Compliance and Verification:

User(s) may be required to provide additional information or undergo a verification process to ensure compliance with legal and regulatory requirements, as well as to prevent fraud or misuse of the cash out feature. Shipper App Inc reserves the right to withhold or delay payouts until the verification process is successfully completed.

Limitations and Restrictions:

Shipper App Inc may impose certain limitations or restrictions on cash out requests, such as minimum and maximum payout amounts, frequency of requests, or additional requirements based on user activity or security considerations. Users are responsible for understanding and adhering to these limitations and restrictions.

User Responsibilities:

User(s) are solely responsible for ensuring the accuracy of the information provided during the cash out request, including payment details. Shipper App Inc shall not be held liable for any losses incurred due to incorrect or incomplete information provided by the user.

Termination or Modification:

Shipper App Inc reserves the right to modify or terminate the cash out feature at any time, with or without prior notice, in its sole discretion. In the event of termination, users may be given the opportunity to request a payout for any remaining balance in their accounts, subject to applicable terms and conditions.

Dispute Resolution:

Any disputes or claims arising from cash out requests or the use of the Shipper App Inc payout feature shall be resolved in accordance with the dispute resolution provisions outlined in the Shipper App Inc terms and conditions or user agreement.

Transfer of funds

Payment Processing and Fund Holding:

During the course of a transaction, a third-party payment processor will be responsible for handling the funds involved. The payment processor will securely hold the funds until both end users have marked the transaction as complete.

Fund Release upon Transaction Completion:

Upon confirmation of transaction completion by both user(s), the third-party payment processor will release the funds to the designated recipient or party as agreed upon.

Transaction Confirmation:

To initiate the release of funds, both end user(s) must independently mark the transaction as complete within a specified timeframe. This confirmation serves as an acknowledgment of the successful conclusion of the transaction.

Dispute Resolution:

In the event of a dispute between the end user(s) regarding the completion of a transaction, Shipper App Inc may intervene and request additional documentation or evidence. The funds may be held until the dispute is resolved to Shipper App Inc satisfaction.

Authorization for Fund Holding:

By engaging in a transaction on the platform, both end user(s) acknowledge and authorize the third-party payment processor to hold the funds until they have mutually confirmed the completion of the transaction.

Timely Release of Funds:

The third-party payment processor will endeavor to release the funds promptly upon receiving confirmation of transaction completion from both end user(s). However, factors such as bank processing times or technical issues may cause slight delays, for which the payment processor shall not be held responsible.

Liability Limitations:

The third-party payment processor shall not be liable for any losses, damages, or inconveniences arising from the temporary withholding of funds during the transaction process. The user(s) agree to hold the payment processor harmless and release it from any claims or disputes related to the fund holding process.

Auto complete of shipments

In the event that a shipment is marked as complete by the "shipper" user doing the delivery, the "sender' User sending the shipment will have 24 Hours in which to confirm the delivery or raise a dispute. In the event that the "sender" user does not provide an in app response as prompted, the transaction will for the purpose of fairness be automatically completed and the associated funds for the transaction will be released to the "shipper" user.

Disputes

All transactions that are disputed by either user shall for the immediate future remain in a disputed state and the associated funds will remain on hold. Disputed transactions shall be reviewed by Shipper App Inc and shall be subject to arbitration as per Shipper App Inc's policies and procedures. Decisions on disputed transactions shall be at the sole discretion of Shipper App Inc and are treated as final. In the event that there are legal proceedings arising from a disputed transaction, Shipper App Inc shall not be held liable or responsible any loss or damage incurred associated to the transaction being disputed. Shipper App Inc shall give either user fair opportunity to resolve a dispute before making a decision based on the transaction history and any information provided by either user in regards to the disputed transaction.

Shipper Safe Feature

Shipper Safe Terms and Conditions

Introduction:

Shipper Safe, a feature provided by Shipper App Inc. ("Shipper App," "we," or "us"). Shipper Safe is a voluntary opt-in feature designed to provide users with an additional layer of security by allowing shippers to put up their own money as a security deposit in the event of loss, damage, or theft to other users' goods while in their possession.

1. Opting In and Tiers:

1.1 Shipper Safe is a voluntary feature, and users can opt in and out at any time, except when they have an active shipment or dispute against their account.
1.2 By opting in, users voluntarily choose to participate in Shipper Safe at their own decision.
1.3 Shipper Safe has four tiers with corresponding security deposit amounts: $50, $100, $250, and $500.
1.4 Upon opting in, users will be awarded a badge reflecting their chosen tier.

2. Dispute Process:

2.1 In the event of a claim against a user, Shipper App Inc. will initiate a dispute process to determine liability.
2.2 Users acknowledge and agree that by opting in, they voluntarily participate in Shipper Safe and grant Shipper App Inc. the sole discretion to decide whether they are liable for the claim.
2.3 The dispute process is decided by Shipper App Inc. and is administered by us.
2.4 Users will have 48 hours to respond to a dispute decision with new evidence. Failure to respond within this timeframe will result in the claim decision standing.

3. Use of Security Deposit:

3.1 By opting in, users acknowledge and agree that Shipper App Inc. has the right to use their security deposit to settle a claim against them.
3.2 Users grant Shipper App Inc. explicit permission to use the deposited funds for the resolution of a claim.
3.3 The value of the claim against a user will be determined through the dispute process and the value to be repaid will be deducted from the amount secured up to the total value of the secured amount.

4. General Terms:

4.1 Shipper App Inc. reserves the right to modify or terminate the Shipper Safe feature at any time, with or without notice.
4.2 Shipper App Inc. is not responsible for any loss or damage arising from the use of Shipper Safe.
4.3 By participating in Shipper Safe, users agree to abide by Shipper App's Terms and conditions and Privacy Policy.

5. Acceptance of Terms:

5.1 By opting in to Shipper Safe, users confirm that they have read, understood, and agreed to these terms and conditions.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Shipper App Inc or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Shipper App Inc. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Shipper App Inc or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Shipper App Inc or third party trademarks.

Disclaimer of warranty

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Shipper App Inc, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Shipper App Inc and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Shipper App Inc for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Shipper App Inc and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

team@shipperapp.org

This document was last updated on December 4, 2023