Last Updated: 28th June, 2022

Please read these Terms of Use carefully before using the Service offered by AfterShip. BY USING THE SERVICE IN ANY WAY, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN ("Terms of Use", "These Terms"), which also incorporate by this reference AfterShip Privacy Policy and all other terms or policies that may be published from time to time on the Site. In addition, some portion of the Service may be subject to additional terms and conditions specified by AfterShip. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

AfterShip reserves the right, at any time: (1) to modify or update any of the Terms of Use, said modification or update being effective ten days from its posting on the Site; (2) to suspend or interrupt the access to or the operation of the Service, or any portion of it, as necessary to perform maintenance and/or for any other purpose; and/or (3) to modify or change the Service, or any portion of it.

Your continued use of the Service shall be considered your acceptance to the revised Terms of Use. SHOULD YOU OBJECT TO ANY OF THE TERMS OF USE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE SERVICE.

If any individual enters into these Terms on behalf of a company, organization or another legal entity ("Entity"), said individual agrees to these Terms of Use for that Entity and represents to AfterShip that he/she has the authority to legally bind such Entity and its Affiliates.

1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:

Account means any and all AfterShip user account created or on behalf of by End-User to access and use the Application.

Affiliates means any and all Entities wherever incorporated which is a parent company, a subsidiary and/or an associated company. AfterShip means AfterShip, Ltd. And its Affiliates.

AfterShip Tracking means any and all services provided by AfterShip in connection with tracking and parcel information (such as individually reported tracking events, parcel location and timing information) including but not limited to the relevant portions of the Site, Sofware, API and Documentation.

API means the application programming interfaces developed and enabled by AfterShip that permits End-User to access certain functionality of the Service including but not limited to the AfterShip REST API that enables the interaction with a AfterShip instance automatically through HTTP requests and the AfterShip application development API that enables the integration of a AfterShip instance with other web applications.

Application means the AfterShip software application provided by AfterShip which includes namely but not exclusively the AfterShip software, the Documentation and the possibility for End-Users to access and manage Data and Tracking Data.

Confidential Information means all information disclosed by the End-User to AfterShip which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Data means all electronic data, text, messages or other materials submitted to or generated by the Service by or due to Your direct action in connection with Your use of the Service

Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by AfterShip to You through the Site or otherwise.

End-User, You, Your means any individual or entity creating an Account and/or using the Application, Site and/or the Services.

Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Service(s) means any and all services, features and functionalities provided by AfterShip to the End-User through the Application. Any new or modified features added to the Service are also subject to these Terms.

Service Plan means the specific plan for which You subscribe, whether free or paid, as detailed on the Application, and the portion of the Service associated with said plan.

Shipping Provider means the Third Party Shipping Services Provider.

Site means any and all websites operated or owned by AfterShip including namely but not exclusively www.aftership.com.

Subscription Term means the period during which the End-User has agreed to subscribe to the portion of the Service as detailed in the Service Plan.

Third Party Service(s) means third party products, applications, services, software, networks, systems, directories, websites, databases and information which the Service links to, or to which the End-User may connect or enable in connection with the Service, including, without limitation, certain Third Party Services which may be integrated in the Service and Third Party Shipping Services.

Third Party Shipping Service(s) means third party shipping services (including products, applications, additional services, software, networks, systems, directories, websites, databases and information) which the End-User may accept and use through the Service.

Tracking Data means any AfterShip Tracking data related to the End-User, which covers parcel tracking and returns information and which is either controlled or processed by AfterShip.

User means any natural or legal person having contracted the AfterShip services as an AfterShip client on the Site.

2. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE

2.1 Subject to the agreement and the compliance by the End-User with these Terms, the End-User has the right to access and use the portion of the Service provided by AfterShip for free and with no subscription, as detailed on the Application.

2.2 An Internet connection is required for proper transmission of the Service. The End-User is responsible for procuring and maintaining the network connections that connect the network to the Service, including, but not limited to, "browser" software that supports protocols used by AfterShip, including Secure Socket Layer (SSL) protocol or other protocols accepted by AfterShip. Aftership is not responsible for any modification or compromise of data, including Your Data, caused by the transmission across computer networks or telecommunications facilities which are not owned, operated or controlled by AfterShip. AfterShip assumes no responsibility for the reliability or performance of any connections described in this section.

2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service to process data on behalf of any third party; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any association or partnership with AfterShip; (e) use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights and any privacy rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Application or the Service; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software"); (l) try to use, or use the Service in violation of these Terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other End-User through any means not purposely made available through the Service; (n) probe, scan, or test the vulnerability of any system or network of AfterShip or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AfterShip to protect the Service (o) misrepresent yourself, your age or impersonate any other individual or entity.

2.4 The Service is not available to individuals who are younger than 18 years old. You may not use the Application if you are not of a legal age to form a binding contract and otherwise capable of entering into these Terms. AfterShip does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to AfterShip; any information submitted by such users will not knowingly be used, posted, or retained by AfterShip.

2.5 The End-User is responsible for compliance with the provisions of these Terms and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations including namely but not exclusively all applicable privacy laws and regulations. You are solely responsible for ensuring that the use of the Service and the transmission, collection and use of Your Data does not to infringe any third party’s intellectual property and privacy rights. The End-User also maintains all responsibility for determining whether the Service or the information generated thereby is sufficient for its purposes. The End-User shall create a unique username and password ("Login"). End-Users are responsible for maintaining the confidentiality of all Login information related to the Account.

2.6 AfterShip reserves the right, in AfterShip's discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Service caused by Force Majeure events or circumstances; (c) if AfterShip suspects or detects any malicious software or file connected to Your Account or use of the Service by You; (d) for any other reason which AfterShip deems reasonable. AfterShip will use commercially reasonable efforts to schedule planned downtime for weekends (Pacific time zone) and other off-peak hours. AfterShip will use commercially reasonable efforts to communicate in advance the planned downtime periods to End-Users.

2.7 Additional terms and conditions may apply to purchases of services and/or to specific portions or features of the Site or the Service including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or the Service offered on or through the Application, the latter terms shall control with respect to your use of that portion of the Site or the specific portion of the Service.

3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY

3.1 Subject to the express permissions of these Terms, AfterShip will protect Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, AfterShip may only use the Confidential Information solely to exercise its rights and perform their respective obligations under these Terms and shall disclose such Confidential Information solely to those of their respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.

3.2 AfterShip will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.

3.3 You agree that AfterShip and the service providers AfterShip uses to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any Third Party Service providers AfterShip utilizes will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service.

AfterShip may also access or disclose information about the Account, Your Data, or End-Users in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect AfterShip's or its customers' or partners' rights or property, including enforcement of these Terms or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.

3.4 AfterShip collects certain information about the Account, Your Data, and End-Users, as well as the devices, computers and other tools used in connection with the Service. AfterShip uses, discloses, and protects this information as described in AfterShip Privacy Policy, the current version of which is available here.

3.5 AfterShip will process, use, modify, collect and store Personal Data within the meaning of applicable data protection laws and regulations.

3.6 As part of the provision of the Services, AfterShip may process Personal Data, as controller, for further information please consult the Privacy Policy.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Subject to these Terms of Use, AfterShip hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service. The rights granted herein are subject to Your compliance with these Terms of Use. The Service is being licensed to you and you hereby acknowledge that no title or ownership in the Service is being transferred or assigned and these Terms of Use are not to be construed as a sale of any rights in the Service.

4.2 The trademarks including the mark AfterShip® as shown on the Site, the Software or the Documentation are trademarks owned by AfterShip (collectively, "AfterShip Trademarks"). Unless otherwise provided by applicable laws or regulations, AfterShip Trademarks may not be used in any manner other than expressly authorized in a written agreement.

4.3 AfterShip shall maintain all rights, title and interest in and to AfterShip patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights. AfterShip shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback AfterShip receives from You. AfterShip reserves all rights not expressly granted to You.

4.4 All content of the Service, Site or Software including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, product and virtual product descriptions and design, FAQs, videos, logos, AfterShip Trademarks, sounds, music, artwork, computer code and programming (collectively, "Content"), including the arrangement of such Content, is owned, controlled or licensed by or to AfterShip, and is protected by trade dress, copyright, and trademark laws, various other intellectual property rights and unfair competition laws. Except as expressly provided in the Terms of Use or authorized by AfterShip in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever.

5. THE APPLICATION AND TRACKING DATA

5.1 The End-User must create an Account to benefit from the Services.

5.2 The Application provides the End-User access to Tracking Data processed by AfterShip based on the instructions of the Users and Tracking Data processed by AfterShip directly through the Application or through the Site based on Your instructions. The End-User can access and generate different extracts of Tracking Data through the Application’s functionalities. The End-User understands and agrees that by signing-up and creating an Account, the Application requires the processing of the Tracking Data relative to the End-User's past shipments processed by AfterShip based on the User’s instructions.

5.3 The Application shall generate extracts of Personal Data through specific Service request placed through the Application. Unless the Tracking Data relates to shipments processed by AfterShip directly through the Application or through AfterShip website by the End-User, the End-User understands that the underlying source of the Tracking Data is controlled by Users and not AfterShip. AfterShip does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Tracking Data, including, without limitation, the accuracy, completeness or authenticity of the Tracking Data or any interaction between You and the User.

You irrevocably waive any claim against AfterShip with respect to such source Tracking Data. AfterShip is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of Users’ services (who is an independent controller), or Your reliance on the privacy practices, data security processes or other policies of such User services. In addition, and without any limitation to the Warranty Disclaimer provided in These Terms, AfterShip makes no warranty whatsoever (i) in respect of the accuracy and integrity of the information provided by the carriers and (ii) that the information will be communicated to the End-User integrally and/or in a timely manner.

5.4 During the Subscription Term and subject to compliance by User with these Terms, User has the limited right to access and use the portion of the Service consistent with the Service Plan. In Order to subscribe to paid Service Plans, User shall either buy Credits or pay a monthly subscription fee as described on the Site. For more information about the payment plans, please refer to the pricing page. Downgrading the Service Plan may cause loss of content, features, or access to specific portions of the Service that may have been previously available to User. AfterShip does not accept any liability for such loss.

6. THIRD PARTY SERVICES – SHIPPING SERVICES

6.1 If You decide to enable, access or use Third Party Services, be advised that Your access and use of such Third Party Services is governed by the terms and conditions of such Third Party Services, and AfterShip does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Third Party Services, including, without limitation, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such Third Party Services handle data, including Your Data, or any interaction between You and the service provider. You irrevocably waive any claim against AfterShip with respect to such Third Party Services. AfterShip is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services. You may be required to register for or log into such Third Party Services on their respective websites.

6.2 The Service may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of AfterShip, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Service are solely between you and such organizations or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any interaction with any of the third parties providing Third Party Services. You agree that AfterShip is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.

6.3 If there is a dispute between End-Users, or between End-Users and any third party, You understand and agree that AfterShip is under no obligation to become involved. In the event that You have a dispute with any other End-User, You hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

6.4 AfterShip may obtain information, including Personal Data, from third parties and Users and combine that with information AfterShip collects through the Service such as in the case where You use a Third Party Service or User services or where we may have access to certain information from a third party social media or authentication service if You log into Our Services through such service or otherwise provide Us with access to information from such service. Any access that We may have to such information from a third party social or authentication service is in accordance with the authorization procedures determined by that service.

By authorizing AfterShip to connect with a Third Party Service, You authorize AfterShip to access and store Your name, email address(es), current city, profile picture URL, and other Personal Data that the Third Party Service makes available to AfterShip, and to use and disclose it in accordance with these Terms of Use and AfterShip Privacy Policy.

6.5 In addition to the clauses 6.1 to 6.4 related to Third Party Services, by using Third Party Shipping Services, the End-User agrees to the following clauses 6.5 to 6.8.

6.6 Third Party Shipping Services allow You to (i) print shipping labels of Shipping Providers, (ii) get rates, (iii) validate addresses, (iv) generate commercial invoices from Shipping Providers, (v) automatically use negotiated rates and (vi) ship parcels.

6.7 AfterShip serves only as an intermediary between You and the Shipping Providers, allowing You to use their services through the Application. You and the Shipping Provider are responsible for said shipment. AfterShip is not responsible for pick up, transport, deliver or generally to deal with said shipment.

Your use of the Third Party Shipping Services is subject to, and You are responsible for compliance with, all applicable terms and conditions of the relevant Shipping Provider. Please refer to the terms and conditions from the applicable Shipping Provider. AfterShip provides a list of terms and conditions originating from the relevant Shipping Providers but makes no warranty whatsoever in respect of the validity and the application of these terms to Your shipments. Please also refer to the applicable shipping restrictions for more information about what You are and are not permitted to ship through the applicable Shipping Provider.

In addition to the Third Party terms and conditions, by using the Third Party Shipping Services through AfterShip Service, You are responsible for compliance with: all applicable laws, regulations, Third Party rights. It is End-User’s responsibility to alert the Shipping Provider of any and all shipment within highly regulated (federal, state or local) industries, including, without limitation, the labelling of dangerous goods, hazardous materials and CBD/hemp-related products. Where End-User’s goods in the shipments are designated as “hazardous materials” (per the nine hazard classes defined in 49 C.F.R. 172.101 and 173) or otherwise require compliance with additional shipping regulations (e.g. those goods designated as “restricted matter” or “perishable matter”) (together, “Regulated Goods”), End-User will (a) immediately notify Shipping Provider of the presence of such Regulated Goods, (b) clearly identify the Regulated Goods with large and clear labels as they enter Shipping Provider warehouses, so that they may be easily distinguished from other goods, with an ongoing duty to imminently alert the Shipping Provider of any changes or additions to its Regulated Goods, and (c) complete mandatory onboarding forms before Shipping Provider is obligated to ship such Regulated Goods if applicable in accordance with the Shipping Provider’s terms.

6.8 AfterShip will not be responsible for any local customs charges, import taxes or duties or any similar charges related to Your shipments. If any such charges become due as a result of your use of Third Party Shipping Services and are charged to AfterShip by any competent authority, you agree to reimburse AfterShip fully in respect of the same within 14 days of our demand.

7. PAYMENTS

7.1 Unless otherwise provided by AfterShip in writing, charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). User is responsible for paying Taxes except those assessable against AfterShip based on its income. AfterShip will invoice User for such Taxes if AfterShip has or believes it has a legal obligation to do so and User agrees to pay such Taxes if so invoiced.

7.2 If User pays by credit card, the Service provides an interface for the account owner to insert or change credit card information. The User will receive a receipt for each confirmed payment. If User pays by credit card, User agrees that AfterShip will use a Third Party intermediary to manage credit card processing.

8. TERMINATION

AfterShip reserves the right in its sole discretion to terminate Your Account, delete Your profile and any of Your Data and restrict Your use of all or any part of the Service for any or no reason, without notice, and without liability to you or anyone else. If End-User does not log in to the Account for 12 or more months, AfterShip may treat the Account as "inactive" and permanently delete the Account, Your Data and any other data associated with it. AfterShip reserves the right to block End Users from certain IP addresses or device numbers and prevent access to the Service. Your license terminates immediately if You attempt to circumvent any technical protection measures used in connection with the Service or You otherwise use the Service in breach of these Terms of Use.

9. WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR NAMELY BUT NOT EXCLUSIVELY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF AFTERSHIP SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE.

THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY TRACKING DATA, THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFTERSHIP OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF AFTERSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SERVICES RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AFTERSHIP'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SERVICE.

In some jurisdictions, some of the foregoing limitations may not apply.

11. INDEMNITY OF AFTERSHIP

You agree to indemnify and hold the Released Parties harmless from any demands, liability, claims or expenses, including attorneys' fees and court costs, made by any third party due to or arising out of or in connection with: (a) any information (including Your Data or any other data) that you or anyone using your Account submit, post, or transmit on or through the Service; (b) the use of the Service or Third Party Services by you or anyone using your Account; (c) the violation of these Terms of Use by you or anyone using your Account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your Account. AfterShip reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If AfterShip does assume the defense of such a matter, You will reasonably cooperate with AfterShip in such defense.

12. FORCE MAJEURE

AfterShip will not be held liable for any delays or failure in performance of any part of the Service from any cause beyond AfterShip’s reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, disease or medical epidemics/outbreaks and acts of hackers or third party internet service providers.

13. APPLICABLE LAW

The Service is operated from Hong Kong. End-User access to the Service is governed by all applicable Hong Kong laws. All information available on the Service may also be subject to the laws of the country where you reside. Access in countries where the information, services or products provided on the Service are illegal is prohibited. By using the Service, regardless of where you live in the world, you consent to have your Personal Data transferred to and processed and collected in Hong Kong in compliance with AfterShip Privacy Policy. These Terms of Use will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any conflict of laws rules or provisions. If any dispute arises relating in any way to the use of the Service or to these Terms of Use, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

14. GENERAL

14.1 Severability. If any provision in the Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms of Use and the remaining provisions are still valid and enforceable.

14.2 Assignment. End-User will not assign or otherwise transfer this Agreement, in whole or in part, without AfterShip’s prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void and will constitute an incurable material breach of this Agreement. AfterShip may assign this Agreement, in whole or in part.

14.3 No Waiver. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

14.4 Independent Contractor. Each party is an independent contractor in the performance of each and every part of this Agreement and the parties do not intend to enter into any joint venture, partnership, employee-employer relationship or the like. There are no Third Party beneficiaries to the Agreement.

14.5 Scope of the Agreement. Each of the parties acknowledges that it is not entering into this Agreement in reliance upon any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and the documents referred to in it) made by or on behalf of any other party before the execution of this Agreement. Each of the parties waives all rights and remedies which, but for this clause, might otherwise be available to it in respect to any such representation, warranty, collateral contract or other assurance, provided that nothing in this clause 26.1 shall limit or exclude any liability for fraud.

14.6 Singular/Plural. Unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

14.7 Entire Agreement. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations, and agreements, both oral and written, and contains the entire understanding of the parties on the subject matter hereof.