AFTERSHIP RETURNS TERMS

These AfterShip Returns Terms (the “Returns Terms”) form part of the AfterShip Terms of Service (the “Terms” or “Terms of Service”) and are incorporated into the Terms by reference. Capitalized terms used but not defined in these AfterShip Returns Terms have the meaning given to them in the Terms and in the AfterShip Feature Specific Terms, as applicable.

1. AFTERSHIP RETURNS GENERAL TERMS

1.1 User shall be solely responsible for any and all returns organized through AfterShip Returns. AfterShip Returns may allow the User to receive tracking and parcel information for returns originating from the Authorized Carriers.

1.2 AfterShip is not responsible or liable for and makes no representations in connection with any act or omission of Your End-Users, including the accuracy, completeness or authenticity of the information contained or the manner in which Your End-Users handle data, including Your Data, or any interaction between You and Your End-Users in the framework of AfterShip Returns.

2. AFTERSHIP RETURN CARE

AfterShip Return Care permits User to offer End-Users the option to purchase AfterShip Return Care for eligible returns, such that, if purchased by an End-User, eligible items may be returned without additional shipping or restocking costs via the AfterShip Returns Portal. Implementation of AfterShip Return Care does not amend any other User obligations set out herein or User’s obligations to its End-Users.

2.1 Scope and Liability. The following govern the scope of AfterShip Return Care and the allocation of liability: (a) AfterShip shall bear no liability for any returns made by End-Users under User’s applicable return policy, or for any fees related to returns or exchanges from orders placed prior to the implementation of AfterShip Return Care or from orders placed by End-Users who do not purchase AfterShip Return Care; (b) AfterShip’s sole undertaking in connection with AfterShip Return Care is to provide, or to procure, a return shipping label or alternative return option for eligible returns in accordance with clause 2.3. AfterShip Return Care is not insurance, is not a guarantee of carrier performance or delivery, and does not cover the value of any returned item or the cost of any lost, damaged, delayed, or misdelivered parcel; and (c) AfterShip shall not be responsible or liable for: (i) the acts, errors, or omissions of any carrier or shipping provider; (ii) the loss of, damage to, or delay or non-delivery of any return parcel; or (iii) any chargeback, payment dispute, or claim brought by an End-User in respect of any of the foregoing, in each case regardless of any statement made by an End-User as to perceived loss.

2.2 Return Policy and Display. The following apply for as long as User contracts AfterShip Return Care. (a) User’s published return policy shall include: (i) specified and measurable deadlines for returns or exchanges; (ii) unambiguous identification of products ineligible for return or exchange; (iii) disclosure of any legally required reimbursement of handling if returns are required to be free by law; and (iv) language substantially conforming to the following: “If you select Return Care at checkout, your returns will be eligible for return shipping at no additional cost under our return policy. Without Return Care, your return is still allowed (subject to our policy), but you will be responsible for any applicable return shipping and/or restocking fees.” (b) User shall ensure that, if AfterShip Return Care is enabled, the feature is displayed on all eligible checkout pages in a manner reasonably prescribed by AfterShip and made available as an option to all eligible End-Users.

2.3 Fees, Revenue Share, and Payment. The following govern fees, revenue share, and payment for AfterShip Return Care. (a) Fees and revenue share (if any) shall be specified in an applicable Work Order and governed by the Terms. Based on User’s configuration, AfterShip shall provide End-Users either (A) fully-paid return labels or (B) an alternative return option, and AfterShip shall select the shipping provider. (b) AfterShip shall set the AfterShip Return Care fee based on the returns data that User provides under clause 2.4. AfterShip may adjust the fee during the Work Order Term on notice, including where returns data is inaccurate or incomplete under clause 2.4, or in respect of suspected abuse under clause 2.8. (c) Any revenue attributable to User shall be deducted from subsequent AfterShip invoices issued in arrears, or credited to another Feature, as AfterShip may reasonably determine. Where any revenue share attributable to User in a given period exceeds the amounts then payable by User to AfterShip, AfterShip shall carry the excess forward against subsequent invoices or, at AfterShip’s election, remit the excess to User within a reasonable period. (d) Notwithstanding the payment method set forth in a Work Order, AfterShip may require User to provide a valid credit card for feature activation and guarantee purposes, and AfterShip may subsequently charge that card for outstanding amounts relating to AfterShip Return Care.

2.4 Returns Data. The following govern the provision, accuracy, and use of returns data. (a) User shall furnish AfterShip with returns data, in a reasonably requested format, for the twelve (12) months prior to contracting AfterShip Return Care, and shall continue to update such data during the applicable Work Order Term. (b) User represents and warrants that all returns data furnished under this clause 2.4 is accurate, complete, and not misleading. Where AfterShip determines that such data was inaccurate or incomplete, or that the actual return rate materially exceeds the rate on which the AfterShip Return Care fee was set, AfterShip may re-set the fee on notice to User and recover any resulting shortfall. (c) User grants AfterShip a non-exclusive right to use the returns data furnished under this clause 2.4, and the data generated through the operation of AfterShip Return Care, to provide, monitor, and improve the Feature and AfterShip’s services, including in aggregated or de-identified form. AfterShip shall not disclose User’s returns data in a form that identifies User other than as permitted under the Terms.

2.5 Consumer Fee: Earned Status and Refunds. The AfterShip Return Care fee is earned by AfterShip upon the End-User’s purchase of AfterShip Return Care and is non-refundable, save where a refund is required by applicable law. The cancellation or refund of an underlying order, or the partial return of an order, shall not entitle the End-User or User to a refund of the AfterShip Return Care fee, except as required by applicable law or as AfterShip may otherwise determine.

2.6 End-User Terms. As a condition of an End-User’s eligibility for AfterShip Return Care in respect of any order, the End-User must accept the AfterShip Return Care end-user terms presented at the point of purchase. User shall not modify, obscure, or override those end-user terms, and shall present them in the manner reasonably prescribed by AfterShip.

2.7 Advance and Instant Refunds. Where AfterShip enables an option permitting an End-User to receive a refund before User receives or processes the returned item, User shall reimburse AfterShip the gross amount of any such refund, except to the extent User properly rejects the return as ineligible and notifies AfterShip of the rejection, with reasons, within fifteen (15) days of the refund. Failing such timely rejection, User shall be deemed to have accepted the return, and the full refund amount shall be due to AfterShip.

2.8 Return Abuse and Fraud. AfterShip may identify, flag, and decline to provide AfterShip Return Care in respect of returns that AfterShip reasonably suspects to be fraudulent, abusive, or inconsistent with ordinary return behaviour, including repeated returns by the same End-User. AfterShip may take such suspected behaviour into account in setting or adjusting the AfterShip Return Care fee under clause 2.3.

2.9 Volume Adjustments. If User exceeds Volume Adjustment limits and the Work Order includes pre-defined volume tiers, AfterShip may move User to the appropriate higher tier effective for the applicable arrears invoicing period. If no pre-defined tiers exist, or if volumes exceed the highest defined tier, overage fees shall apply at the rates specified in the Work Order, and either party may request in writing to negotiate additional tiers in good faith. AfterShip may suspend or terminate AfterShip Return Care on notice if it determines that such volumes impact the commercial viability of the Feature or result in net revenue loss. “Volume Adjustment(s)” means the usage limits for AfterShip Return Care specified in the applicable Work Order, including limits on returns, shipments, orders, or other metrics, or as AfterShip may otherwise reasonably determine.

2.10 Wind-Down on Suspension or Termination. Upon any suspension or termination of AfterShip Return Care, AfterShip shall, provided User is in compliance with its payment and other obligations, honour or use reasonable efforts to facilitate the orderly fulfilment of AfterShip Return Care for those End-Users who purchased it prior to such suspension or termination.

2.11 Taxes. User is responsible for the correct Tax categorization of AfterShip Return Care within its checkout, and for the collection from End-Users and the remittance to the relevant authority of all Taxes applicable to the AfterShip Return Care fee. Each party is responsible for the Taxes applicable to its own share of the revenue.

2.12 Compliance and Territory. The following govern compliance and the territory in which AfterShip Return Care is offered. (a) User shall ensure that the AfterShip Return Care service is operated in compliance with all applicable laws, regulations, and platform policies. (b) AfterShip Return Care is made available only in the jurisdictions specified in the applicable Work Order. (c) User shall not enable or offer AfterShip Return Care to End-Users outside those jurisdictions without AfterShip’s prior written consent.

3. RMA RETURNS

AfterShip may offer User an optional risk-screening feature within AfterShip Returns that analyses return requests and Data relating to End-Users, including End-User address, email address, and return-behaviour data, to help identify potentially suspicious, anomalous, or abusive activity. User authorizes AfterShip to process Data submitted through AfterShip Returns for the purposes of providing, operating, maintaining, and improving such feature, and User shall ensure it has provided all required notices and obtained all consents or other legal bases required for such processing. AfterShip may generate and use anonymized or aggregated risk signals derived from such processing, provided that AfterShip shall not disclose User’s Data to any other User. Any indicators, scores, flags, or other outputs provided by this feature are informational only, do not constitute a determination that any person, return request, or transaction is fraudulent, and User remains solely responsible for reviewing such outputs and for any decision taken in respect of a return.