This Acceptable Use Policy (“AUP”) describes rules that apply to any party (“You”, “Your”, or “User”) using any Service provided by AfterShip. This AUP is subject to and form part of AfterShip Terms of Use. The examples described in this AUP are not exhaustive. User is responsible for its compliance with this AUP. If User violates this AUP, AfterShip may, at its sole discretion, suspend or terminate User’s use of the Service. In the event of suspension or termination based on the violation of this AUP, User shall not be entitled to any refund or credit whatsoever. Capitalize terms used below but not defined in this AUP have the meanings set forth in Our Terms of Use.

SECTION 1: PROHIBITED AND RESTRICTED PRODUCTS AND SERVICES

1. PROHIBITED PRODUCTS AND SERVICES

You shall not use AfterShip’s Service in connection with the following activities.

1.1. Illegal products and services including namely but not exclusively:

• Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs;
• Fake references or ID-providing services;
• Telecommunications manipulation equipment including jamming devices;
• Violation of the security, integrity, or availability of any network, computer or communications system, software application, network or computing device;
• Technical abuse including but not limited to phishing or distribution of viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
• Products and services that promote self-harm;
• Products and services that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner;
• Products and services that imply or promote support or funding of, or membership in, a terrorist organization;
• Any business or organization that (i) engages in, encourages, promotes, or celebrates unlawful violence or physical harm to persons, animals or property, or (ii) engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic;
• Any other products or services that are in violation of applicable laws, regulations, governmental orders, industry standards or guidance.

1.2 Products and services that infringe any third party’s intellectual property rights including namely but not exclusively:

• Sale or distribution of music, movies, software, or any other licensed materials without relevant authorization;
• Counterfeit goods;
• Illegally imported or exported products;
• Unauthorized sale of brand name or designer products or services;
• Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party.

1.3 Products and services that are unfair, predatory, or deceptive including namely but not exclusively:

• Pyramid schemes;
• ‘Get rich quick’ schemes including namely but not exclusively: (i) investment opportunities or other services that promise high rewards to mislead consumers; (ii) schemes that claim to offer high rewards for very little effort or up front work; (iii) sites that promise fast and easy money; (iv) businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; and (v) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase;
• Negative response marketing and telemarketing;
• Predatory mortgage consulting, lending, credit repair and counseling services;
• Predatory investment opportunities with no or low money down;
• Remote technical support, mugshot publication or pay-to-remove sites, essay mills, chain letters, door-to-door sales;
• Unsolicited or illegal mass emails, promotions or advertisings;
• Falsely imply any sponsorship or association with AfterShip or any of its subcontractors;
• Harvest or collection of information about others, including e-mail addresses, without their consent;
• Any other businesses that AfterShip considers unfair, deceptive, or predatory towards consumers.

1.4 Misuse of AfterShip products and services including namely but not exclusively:

• Use of AfterShip products and services with false identity or providing AfterShip with false, inaccurate, or misleading information;
• Use of AfterShip Intellectual Property without prior written consent from AfterShip, use of the AfterShip name or logo including use of AfterShip trade or service marks inconsistent with AfterShip’s Terms of Use, or in a manner that otherwise harms AfterShip or the AfterShip brand, any action that implies an untrue endorsement by or affiliation with AfterShip.

2. RESTRICTED PRODUCTS AND SERVICES

You shall not use AfterShip’s Service for the following activities, unless both Your activities comply with the two following cumulative conditions: (i) these activities are compliant with applicable laws and regulations depending on the region/country/state where User and End-User access or use Your products/services and (ii) You have received AfterShip prior written approval.

2.1 Adult content and services.

2.2 Marijuana including namely but not exclusively:

• Cannabis products;
• Cannabis dispensaries and related businesses;
• Products containing any amount of CBD/THC.

2.3 Government services including namely but not exclusively:

• Government grants;
• Embassy, foreign consulate, or other foreign governments.

2.4 Pharmaceuticals and telemedicine products and services including namely but not exclusively:

• Online pharmacies;
• Prescription-only products;
• Telemedicine and telehealth services.

2.5 Alcohol and Tobacco products.

2.6 Firearms, explosives and dangerous materials.

2.7 Gambling services including namely but not exclusively:

• Games of chance including gambling, internet gambling, fantasy sports leagues with a monetary or material prize;
• Sports forecasting or odds making with a monetary or material prize;
• Lotteries;
• Bidding fee auctions.

2.8 Cryptocurrency services.

SECTION 2: SPECIFIC POLICIES

1. AUTHORIZED SUBPROCESSORS

Some aspects of AfterShip Services are managed by the Authorized Subprocessors as described here. Depending on the Services provided to User, User shall ensure that its activities comply with all terms, conditions, policies and restrictions of the relevant Authorized Subprocessors.

If the Services provided to User include the use of the following Authorized Subprocessor(s), You shall comply with all terms, conditions, policies and restrictions of said Authorized Subprocessor(s):

1. Amazon AWS
2. Cloudflare
3. Freshdesk
4. Google Cloud Platform
5. HubSpot
6. Sendgrid
7. Twilio

2. USE OF AFTERSHIP IN CONNECTION WITH SHIPPING ACTIVITIES

You shall not use AfterShip’s Service for any Services in connection with shipping activities which are breaching the applicable Authorized Carrier’s terms, conditions, policies or restrictions. The list of Authorized Carriers is available here. Most Authorized Carriers will provide a global list of prohibited and restricted items that apply regardless of a shipment's destination. In addition to these global prohibited and restricted items, the Authorized Carrier may impose further restrictions for individual countries, states or territories or for cross-border shipping based on the applicable laws or at its own discretion.

It is the User´s responsibility to comply with all relevant Authorized Carrier’s terms, conditions, policies and restrictions.

3. USE OF AFTERSHIP IN CONNECTION WITH THIRD PARTY PLATFORMS

AfterShip Services may be provided to You in connection with Your use of third party platforms such as, for example, Shopify, WooCommerce and Magento. You shall not use AfterShip’s Services in connection with activities which are restricted or prohibited under the applicable third party platform’s terms, conditions, policies or restrictions.

It is the User´s responsibility to comply with all relevant third party platform’s terms, conditions, policies and restrictions.

4. AGE GATING

If You are using AfterShip Services in any way in connection with alcohol, firearms, gambling, tobacco, cannabis, or any other adult content, then You shall ensure that the End-User is at least of legal age to provide consent to receive the Services based on where the recipient is located. You need to be able to provide proof that age gating is in place.

5. USE OF AFTERSHIP IN CONNECTION WITH NOTIFICATIONS/MESSAGES (SMS/WHATSAPP/EMAILS)

You shall not use AfterShip’s Service for notifications/messages (including namely but not exclusively SMS/WhatsApp/Emails) in connection with the following activities:

• Any notification/message in violation of Twilio Terms of Service, Twilio Messaging Policy, Twilio Acceptable Use Policy, Twilio Country-Specific Guidelines and Twilio Country Specific Requirements
• Any notification/message in violation of any other applicable terms, conditions, policies or restrictions issued by Twilio.
• Sending unsolicited messages;
• Sending illegal messages;
• Sending messages that result in an unacceptable number of spam or unsolicited email complaints and
• Misrepresenting Your identity (no spoofing).

SECTION 3: ENFORCEMENT

You warrant and represent that Your use of the Service will comply with this AUP.

AfterShip has the right, but not the obligation, to monitor or investigate Your use of the Service at any time for compliance with this AUP and AfterShip’s Terms of Use, or any other agreement between You and AfterShip governing Your use of the Service. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at Our sole discretion.

We may, at any time and without notice or liability suspend or terminate Your Account or Your access to the Service if, We in good faith, determine that You materially breaches (or We, in good faith, believe that You has materially breached) any provision of these AUP including if You engage in activities that violate the letter or spirit of this AUP, including activities outside of Your use of the Service.