Terms of Service: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A SimpleShip ACCOUNT. This website, including all content made available through the website, (“Site”) is owned and operated by SimpleShip. (collectively hereinafter referred to as “SimpleShip”), a corporation and the services and products (“Services”) provided to you are subject to the following notices, terms, and conditions. Unless otherwise agreed in writing with SimpleShip your agreement with SimpleShip will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement, along with the SimpleShip Privacy Policy, between you and SimpleShip in relation to your use of SimpleShip’s Services. It is important that you take the time to read them carefully. SimpleShip is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the service, you acknowledge and agree that SimpleShip’s collection, usage, and disclosure of this personal information is governed by our Privacy Policy. Collectively the SimpleShip Terms of Service and the SimpleShip Privacy Policy are a legal agreement referred to below as the “Terms.” SimpleShip may, from time to time, modify, amend, or supplement these Terms, modifications, amendments, or supplements to these Terms shall automatically be effective seven (7) days after SimpleShip has posted the modifications, as such, we recommend that you review the Site often to keep abreast of any changes. If you do not agree to be bound by (or cannot comply with) these Terms, including the Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the Terms, including the amended Terms. Both you and SimpleShip agree, with the limited exceptions noted below and as further provided below, to resolve all disputes between you and SimpleShip through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE SimpleShip ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. 1. SERVICE PRICING You are responsible for all variable and transactional costs of using the service (including but not limited to: postage, fees for carrier services, package insurance, items purchased in the online store, direct and indirect costs of third-party service providers and carriers, transaction fees charged directly by SimpleShip for shipping or other services, or other special services selected, such as on-demand consulting, order fulfillment and technical support) in addition to your applicable service fee, if any. The total shipping fees quoted may include third party carrier fees and fees charged directly by SimpleShip, which will not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by SimpleShip at its sole discretion. SimpleShip may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels. 2. ACCOUNT SERVICES AND DURATION SimpleShip reserves the right to cancel your account for lack of use, lack of payment, or breach of these Terms. As a general matter, all SimpleShip user accounts are maintained perpetually unless and until cancelled by the user. Following any account cancelation, SimpleShip may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time SimpleShip maintains account information shall be in the sole discretion of SimpleShip. 3. ACCOUNT CANCELLATION/TERMINATION You may terminate or close your account at any time by the methods set forth in the “Service Pricing” section above. You will be asked to verify your account information and confirm your intent to cancel your account. 4. METHOD OF PAYMENT SimpleShip currently accepts Bitcoin, Cash App, Venmo, Visa, MasterCard, American Express, and Discover. Certain users will be approved to set up an automated debit from your bank savings or checking account. Acceptable payment methods are subject to change at any time. You must include correct information when enrolling. Incorrect information may cause delays in establishing service. All information received from you, including credit card and/or bank account information, will be treated in accordance with SimpleShip’s Privacy Policy. Please note that SimpleShip may receive updated information regarding your payment card account, debit card account, or bank account from your financial institution and by accepting these Terms you hereby consent to such updating. For example, SimpleShip may receive an updated card expiration date or account number information. Prices are set and changed by us without notice to you by publishing them on our Site. By providing your credit card details and agreeing to these Terms you authorize us to charge your credit card with any amounts due to us under these Terms. Without limiting this, if you incorrectly describe the dimensions and/or weight of your package, we may charge you any additional amounts we incur from partners as a result, plus a $10 administration fee. We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make any unauthorized use, modification, reproduction, or disclosure of it. We may engage a third party to provide a secure payment transaction facility that allows you to pay online and, in this case, we will not receive your payment information. Debit Notice Waiver: If you elect to pay SimpleShip via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance, hidden postage labels, reset fees or other non-recurring charges. Billing for Fees: SimpleShip’s fees for postage or shipping (if applicable), will be instantly charged to the account holder’s credit card, debited from the account holder’s debit card, or collected via direct account withdrawal from the account holder’s bank account. 5. CONTENT COPYRIGHT You acknowledge that (i) content on the Site and content available through the Services is protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark, and other laws govern your use of such content. Any other use, including but not limited to the reverse engineering, decompiling, altering, modifying, or disassembling of our source code or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. 6. TRADEMARKS SimpleShip and associated brand names and domain names are trademarks of SimpleShip in the United States and/or other countries. SimpleShip trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among your customers, or in any manner can be interpreted as business disparagement. All marks not owned by SimpleShip are the property of their respective owners. You may not use, and nothing contained on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of SimpleShip or the respective owner of such trademark, service mark or logo. 7. USE OF SITE This Site, any portion of this Site, and any materials made available by SimpleShip through the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by SimpleShip. SimpleShip reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if SimpleShip believes that a user’s conduct violates applicable law or is harmful to the interests of SimpleShip. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Unless your access is revoked by us in writing, we grant you a non-exclusive license to access and use the Site in the ordinary course of browsing the Site and ordering our Services (including any reasonable incidental printing of information that occurs as part of that use) and in accordance with these Terms. The Site is provided to you on an “as is”, “as available” basis, without any express or implied warranty by us. We cannot and do not warrant or represent that: the Site or the servers that make the Site available over the Internet are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data; the functions contained in any software contained on the Site will operate uninterrupted or are error-free, or the Site or our Services will operate on a continuous and uninterrupted basis. The Site may be unavailable from time to time (including for maintenance purposes) and we may change our available Services now and then. The availability of content on the Site is also subject to the limitations of the Internet including re-buffering, loss of connection, and dropouts. While care has been taken when compiling the Site, it may use information from a range of sources, including third-party advertisements. We can’t screen all of this material before it appears on the Site and are not responsible for and do not necessarily endorse its content. 9. SOFTWARE AVAILABLE ON THE SITE Software that is made available from the Site (“Software”) is the copyrighted work of SimpleShip and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which SimpleShip hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by SimpleShip and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions. Software usage is subject to compliance with the Terms and is provided for no additional consideration on a non-transferable, limited, revocable, royalty-free basis. 10. LIMITATION OF LIABILITY IN THE EVENT SimpleShip IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT SimpleShip’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTHS SERVICE PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SimpleShipIS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions. 11. DISCLAIMER THIS SITE, SERVICES, AND SOFTWARE ARE PROVIDED BY SimpleShip ON AN “AS IS” BASIS. SimpleShip MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SimpleShip DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SimpleShip WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SimpleShip DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE. 12. LINKS TO THIRD PARTY WEBSITES SimpleShip’s site and affiliated websites may contain links to third-party websites (“Linked Websites”). The Linked Websites are not under the control of SimpleShip and SimpleShip is not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Websites, or any changes or updates to a Linked Websites. You should contact the site administrator or webmaster for those Linked Websites if you have any concerns regarding such links or the content located on such Linked Websites. You are solely responsible for following the terms and conditions of all Linked Websites, including carriers and other third-party providers of services. 13. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATION; AND CLASS WAIVER You and SimpleShip agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to SimpleShip services, Site, your account(s), offers, user interfaces, our Privacy Policy or our privacy practices generally, these SimpleShip Terms, and this “Agreement to Arbitrate,” shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND SimpleShip ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and the termination of your SimpleShip account(s). 15. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this Site, you warrant to SimpleShip that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. SimpleShip reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at SimpleShip’s sole discretion. 16. INDEMNIFICATION You agree to defend, indemnify and hold harmless SimpleShip, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s and administrative fees) arising from (i) your use of and access to the Site, Services, and Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site. 17. MATERIALS PROVIDED TO THE SITE Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. SimpleShip has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users. SimpleShip does not claim ownership of the materials you provide to SimpleShip (including feedback and suggestions) or post, upload, input or submit to SimpleShip or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting SimpleShip, its affiliated companies, and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use your Submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. SimpleShip is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at SimpleShip’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party. 19. U.S. GOVERNMENT USERS RESTRICTED RIGHTS Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of SimpleShip’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed. 20. PROHIBITED ACTIVITIES You shall not transmit to SimpleShip or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” access codes,” “cancelbots or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding the number of copies, (ii) exceeding the number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numerals, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result, or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. You may not use your password for any unauthorized purpose. You may not use the Site, Services, or Software for activities that: violate any law, statute, ordinance or regulation relating to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) is by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services; involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law. 21. TERMS REGARDING 3RD PARTY SHIPPING INSURANCE SimpleShip recommends shipping insurance through a third party company. You agree that SimpleShip is in no way responsible for any loss, liability, claim, or demand that relates to insurance. You are solely responsible for ensuring that labels you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions. All rules, terms, and policies related to shipping insurance offered through the Site shall be governed by the Insurance terms with the third party company 22. TERMS RELATED TO EUROPEAN UNION DATA SUBJECTS Additionally, if: (a) you are established in the European Union (“EU”); (b) you provide goods or services to customers in the EU; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation (“GDPR”), SimpleShip’s collection, use, and storage of the Personal Data of any EU Data Subject are also subject to the following rules. All defined terms, not otherwise defined herewith shall be interpreted in accordance with the GDPR. Before you provide Personal Data of your customers or that of other individuals to SimpleShip in order for SimpleShip to provide services, you must be in compliance with the GDPR. You consent to SimpleShip Processing, and/or as a joint Data Controller, with you, of controlling the Personal Data of you and your customers, for the purpose of it providing the services. SimpleShip may share the Personal Data with its agents or subcontractors or affiliates or other third-party service providers for the sole purpose of providing or improving the services. 23. REFUNDS All top ups are final. No withdrawals are allowed after top up.