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Last Updated: 24 April 2025

Please read these Terms of Use carefully before using the Service offered by Automizely Pte. Limited (“AfterShip”, “We, “Our”, and “Us”). BY USING THE SERVICE IN ANY WAY, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN (“Terms of Use”, the “Terms”), which also incorporate by this reference the End-User Mobile Application Privacy Policy and all other terms or policies applicable to Your use of the App that may be published from time to time on the Site. In addition, some portions 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.

We may update these Terms from time to time and may notify You of any of these updates by in-app notifications, the Site, or through email if You have subscribed to receive email updates. AfterShip reserves the right to: (1) modify or update any of the Terms of Use, effective upon its posting on the Site; (2) temporarily suspend or interrupt the access to the Service for maintenance or other reasonable purposes; and/or (3) make changes the Service including adding, removing or modifying features and options within the Service.

Your continued use of the Service indicates your acceptance of the updated Terms, so We encourage You to review this page regularly. If You do not agree with any updates, Your sole option is to stop using 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, either by clicking a box indicating acceptance, by using (or making any payment for) the Services, or by otherwise indicating acceptance of the Terms, such individual: (1) agrees to these Terms on behalf of the Entity or the Entity for which such individual acts; and (2) represents and warrants that such individual is of legal age to contract with AfterShip and have the authority to bind the Entity to these Terms.

1. AFTERSHIP SERVICES

1.1 Access. Subject to Your compliance with these Terms, AfterShip hereby grants You the limited, revocable, non-transferable, non-sublicensable right to access and use the portion of the Service provided by AfterShip for free and with no subscription, as set out in the Application, unless specified otherwise under Your Service Plan.

1.2 Modification of the Services. AfterShip may modify or change the Service, or any portion of it, including by adding, removing or modifying features and options within the Service.

1.3 Internet Connection. 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, nor the reliability or performance of any aforementioned connections.

1.4 End-User Responsibilities. End-User is responsible for compliance with the provisions of these Terms and for all activities that occur under the Account, as well as for its Data, including, to (i) use the Service, including to store and transmit its Data, in compliance with applicable law; (ii) to ensure that use of the Service and End-User’s Data do not infringe any third party's intellectual property and privacy rights, and is in possession of all necessary consents with respect thereto; (iii) be responsible for determining whether the Service or the information thereby is accurate or sufficient for its purposes; (iv) access the Service or any portion thereof solely in accordance with the authorized licence scope. 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.

1.5 Updates. For purposes of evolution of the Service, AfterShip may temporarily suspend End-User’s access to and use of the Service: (i) during planned downtime for upgrades and maintenance; (ii) to address technical issues arising from a Force Majeure or circumstances related thereto; (iii) if AfterShip suspects or detects a computer virus or Malicious Software with respect to End-User’s use of the Services or a file connected thereto; and/or (iv) if AfterShip determines that End-User’s access to and use of the Services presents a risk to the Services, AfterShip of other users or end-users of the Service. AfterShip will use commercially reasonable efforts to communicate to End-User with reasonable advance notice any scheduled downtime and to schedule such downtime for weekends (i.e., Pacific Standard Time (GMT -8)) and other off-peak hours.

1.6 Legal Age. You acknowledge that the Service is not available to individuals who are younger than 18 years old, and that by agreeing to these Terms you confirm that You are 18 years or older. 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.

1.7 Subcontractors. AfterShip may arrange for one or more Subcontractors to provide certain parts of the Services.

1.8 Additional Terms. 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.

2. RESTRICTIONS

2.1 Sanctions. End-User hereby confirms that it: (i) is not located or does not have any activities in any country which is embargoed, sanctioned or prohibited by any government including, those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), the European Union Sanctions Map, the United Kingdom’s Office of Financial Sanctions Implementation and the Monetary Authority of Singapore (MAS) (each a “Sanctioned Country”), (ii) is not listed on Sanctioned Country’s government list of prohibited or restricted persons (individually and collectively, “Sanctions List”) and/or (iii) does not have any dealings, engagement, or sales of goods or services in connection with a Sanctioned Country or a person listed on a Sanctions List. Without prejudice to the foregoing, access and use of the Services in countries where the Services provided are illegal is prohibited.

2.2 Prohibited Activities. Notwithstanding anything to the contrary, any use of the Services or AfterShip Confidential Information not expressly authorized in these Terms is prohibited, including any attempt to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or time share any rights granted by these Terms to any third party, except as authorized herein or with AfterShip’s prior written approval; (b) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (c) falsely imply any association or partnership with AfterShip; (d) use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (e) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (f) 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; (g) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (h) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Application or the Service; (i) 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; (j) 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"); (k) try to use, or use the Service in violation of these Terms; (l) obtain or attempt to obtain any materials, documents or information, including personal identification, Personal Data, password Data, and other information of any other User or End-User through any means not purposely made available through the Service; (m) 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, Site or Software; (n) misrepresent Yourself, Your age or impersonate any other individual or entity.

3. CONFIDENTIALITY & PERSONAL DATA

3.1 Confidential Information. 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 Permitted Disclosures. 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 process, use, modify, transfer, reproduce, display and disclose Data for purposes of providing the Services, including Your support requests. Additionally, You agree that AfterShip shall be authorized (i) to permit the Shipping Providers, Third Party Service providers and their employees, agents and representatives (collectively, “Authorized Third Parties”) to process, use, modify, transfer, reproduce, display and disclose Data; and (ii) to disclose Data (including Confidential Information) to an Authorized Third Party, as is reasonably necessary to provide the Service. AfterShip may also access and disclose Confidential Information in order to (a) comply with the applicable laws and regulations; (b) respond to lawful requests, legal process, orders from a court/other legal authority and/or subpoena; (c) protect AfterShip’s rights or property, including enforcement of these Terms or other policies associated with the Service; and/or (d) protect personal safety.

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

3.4 Basis for Data Processing. As part of the provision of the Services, AfterShip acts as a Data Controller and processes Personal Data to provide Services to You. 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’s then-current AfterShip Cookies Policy and Privacy Policy.

3.5 Exclusions. Confidential Information shall not include information (a) already known to AfterShip at the time of disclosure by the End-User; (b) obtained by AfterShip by a third party not known by AfterShip to be under an obligation of confidentiality with respect to such information; (c) that is or becomes generally available to the public other than by violation of these Terms; (d) that was or is independently developed by AfterShip without use of End-User’s Confidential Information. Personal Data and Confidential Information shall neither include Anonymized Data, and AfterShip shall be authorized to use, combine, disclose, analyze and create derivative works of all Anonymized Data. Nothing in these Terms and the AfterShip Data Processing Agreement restrict or limit AfterShip’s collection, use and disclosure of Anonymized Data.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Use of the Services. End-User shall use the Services solely in accordance with these Terms (including the prohibited activities, other use restrictions and other requirements set forth herein) and the Documentation, the Software, the Site, the AfterShip API, and any tools and/or work product provided or delivered in connection with the Services (collectively the “Proprietary Materials”) may be accessed and used solely as necessary to access and receive the Services in accordance with these Terms.

4.2 AfterShip IPR. The Proprietary Materials and IPR owned or controlled by, used by or on behalf of AfterShip, or otherwise related to the Service (collectively, “AfterShip IPR”), are and will remain the sole and exclusive property of AfterShip. The rights granted hereunder do not convey any additional rights in the Service, or in any AfterShip IPR. Except as expressly provided herein or otherwise authorized in writing, no Content or part thereof may be copied, reproduced, modified, published, or distributed in any way through any media whatsoever, and AfterShip reserves all rights not expressly granted to End-User.

4.3 Rights to End-User Data. AfterShip shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform and distribute Data for the limited purpose of allowing AfterShip to provide and improve the Services. You represent and warrant that (i) You own all rights to the Data or otherwise has (and will continue to have) all rights and permissions necessary to use, share, display, transfer and license the Data in the manner set forth herein, and (ii) such use by AfterShip will not infringe or violate the IPR of any third party.

4.4 Feedback and Suggestions. Any Feedback and Suggestions will be distributed by AfterShip and its Affiliates to its general customer base. Accordingly, End-User hereby assigns to AfterShip and its Affiliates, without further consideration, any IPR in and to such Feedback and Suggestions(and agrees to assign in writing any such future IPR upon creation), provided that End-User retains a non-exclusive, royalty-free license to use such Feedback and Suggestions for its own internal purposes.

5. THE APPLICATION & TRACKING DATA

5.1 In order to use the Services, End-User may be asked to provide an email address to create an Account. AfterShip may require You to provide additional information in (e.g., a telephone number) for purposes of a two-step authentication procedure.

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. For more information regarding the Application features please visit www.aftership.com.

5.3 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.

5.4 The Application will generate extracts of Personal Data based on specific Service requests 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. The End-User understands and acknowledges that AfterShip does not endorse, is not responsible or liable for, and makes no representations as to any aspect of Tracking Data, including, without limitation, the accuracy, completeness or authenticity of the Tracking Data or any interaction between You and the User.

5.5 In addition and without any limitation to the warranty disclaimer provided in the Terms, AfterShip makes no warranty whatsoever (i) in respect of the accuracy and integrity of the information sources from Tracking Data and (ii) that the information will be communicated to the End-User integrally and/or in a timely manner.

6. THIRD PARTY SERVICES – SHIPPING SERVICES

6.1 Use of Third Party Services. If You engage Third Party Services in any way, such use shall be governed by such Third Party Services terms and conditions, and AfterShip shall not be responsible for the effect such Third Party Services have on the handling of Data, any interaction between You and such Third Party Service or any output thereof. By integrating or connecting with a Third Party Services, including Shopify, TikTok, Magento, Amazon Seller Central, Google Shopping and WooCommerce, End-User authorizes AfterShip to (i) disclose, collect, process and retain User’s Login, Data or any other relevant information regarding End-User’s use of the Third Party Service, and (ii) access, use, collect, process and retain any and all data, including Personal Data, originating from the relevant Third Party Service provider and to combine said data with End-User’s Data, each to the extent necessary for AfterShip to provide the Services.

6.2 Third Party Content. The Service may contain features and functionalities that provide You with access to third party content independent of AfterShip. Any End-User interactions with organizations or individuals found through the Service shall be the sole responsibility of the End-User, and End-User shall undertake any necessary investigation prior to interacting with any such Third Party Service provider.

6.3 Shipping Services. AfterShip does not provide any type of shipping Service. End-User is solely responsible for compliance with all applicable terms and conditions for any shipment made through a Shipping Provider, and any such shipment is a matter between User and such Shipping Provider. End-User has the obligation to alert the Shipping Provider of any shipment within highly regulated industries (whether national, federal, state, or local), including the labelling of dangerous goods and hazardous materials. Where End-User’s goods in the shipments are designated as “hazardous materials” or otherwise require compliance with additional shipping regulations (such as “restricted matter” or “perishable matter”) (together, “Regulated Goods”), End-User will (a) immediately notify Shipping Provider of the presence of such Regulated Goods and (b) clearly identify the Regulated Goods with clear labels with an ongoing duty to imminently alert the Shipping Provider of any changes or additions to said Regulated Goods.

6.4 Disclaimer. End-User agrees that AfterShip is not responsible or liable for any loss or damage of any kind or nature incurred resulting from use of Third Party Services, or User’s reliance on the privacy practices, data security processes or other policies of such Third Party Services. If there is a dispute between You, other users of AfterShip’s Services, end-users and/or a Third Party Service provider (including Shipping Providers), You acknowledge and agree that AfterShip is under no obligation to become involved. In such event, You hereby shall release and indemnify, defend and hold the AfterShip Group harmless from and against any type of claim, demand, and/or damage, arising out of or in any way related to such disputes.

6.5 Third Party Shipping Services. With respect to Third Party Shipping Services, such 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.

6.6 Tax. 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 fourteen (14) days of our request.

7. INVOICING

7.1 The fees and 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”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent AfterShip is legally required to collect the same, will be itemized on the AfterShip invoice. If You have an obligation to withhold any amounts under any law or tax regime, You will gross up the payments so that AfterShip receives the amount quoted and invoiced. If AfterShip has the legal obligation to pay or collect Taxes for which Your are responsible under this section, the appropriate amount will be invoiced and paid by You, unless, prior to the invoice date, You provide AfterShip with a valid tax exemption certificate authorised by the appropriate taxing authority or other acceptable documentation as agreed upon by AfterShip. AfterShip reserves the right to issue a supplemental bill for any taxes not fully collected due to an error, and You agree to pay any such supplemental bill issued by AfterShip.

7.2 If You pay by credit card, the Service provides an interface for the account owner to insert or change credit card information. You will receive a receipt for each confirmed payment. If You pay by credit card, You agree that AfterShip will use a third-party intermediary to manage credit card processing.

7.3 To cancel, You may go to the user Account page and follow the instructions for cancellation. If You cancel Your Service Plan, the limited right to access and use the portion of the Service consistent with the Service Plan will automatically terminate at the end of the applicable billing period. Unless You cancel Your Service Plan before the billing date, You especially authorise AfterShip to charge the applicable Service Plan fee for the next billing cycle to the relevant payment method. You can cancel Your Service Plan at any time and will continue to have access to the Service through the end of the billing period.

7.4 Payments are non-refundable and AfterShip does not provide refunds or credits for any partial Subscription Term or unused AfterShip Services.

7.5 AfterShip may change Service Plans including namely but not exclusively price, features and options from time to time. Any price changes or changes to a Service Plan will apply no earlier than thirty (30) days following notice to You.

7.6 This Section 7 is only applicable if You have entered into a paid Service Plan.

8. TERMINATION & REMEDIES FOR BREACH

8.1 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. If You commit a breach of an obligation under these Terms, AfterShip may (a) immediately terminate provision of the Services and Your access rights.

8.2 Interim & Equitable Relief. Notwithstanding Section 10, End-User acknowledges that its breach of these Terms may cause AfterShip and its Affiliates irreparable damage for which recovery of money damages would be inadequate, and agrees that AfterShip shall be entitled, in addition to any other remedies available to it, to obtain interim measures, injunctive relief and/or other equitable relief to prevent or restrain any breach or otherwise to protect its rights under these Terms, without being required to post a bond or other security.

8.3 Limitation of Liability. A Claim against AfterShip or its Affiliate shall be brought exclusively hereunder by the End-User and shall be subject to the following: (i) AfterShip shall not be liable for any Excluded Losses arising from such Claim; and (ii) except where such limitations or exclusions are prohibited by law, AfterShip’s maximum aggregate liability in respect of any and all such Claims arising in any given Subscription Term shall not exceed the General Liability Cap in respect of such Subscription Term. End-User acknowledges that the foregoing limitation of liability above shall apply whether liability for the foregoing arises or is asserted on the basis of contract, tort, negligence or otherwise and whether or not foreseeable, even if End-User or its Affiliates have been advised or were aware of the possibility of the same. The provisions of these Terms allocate the risks between the Parties, and the prices and other considerations agreed herein reflect such allocation. All liability and remedy limitations, exclusions and disclaimers in these Terms shall apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver, even if any limited or exclusive remedy fails of its essential purpose. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (A) DEATH OR BODILY INJURY CAUSED BY ITS GROSS NEGLIGENCE, (B) FRAUD OR (C) ANY OTHER LIABILITY THAT, BY LAW, CANNOT BE LIMITED OR EXCLUDED. If You have engaged Services under a paid Service Plan, any claims, disputes, or liabilities arising from or related to Your use of the App must be asserted and resolved exclusively under the terms of Your applicable commercial agreement (e.g., master agreement, service order, or public plan), if You have one. To the extent there is a conflict between these Terms and Your paid Service Plan commercial agreement, the terms of the commercial agreement shall prevail.

8.4 Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, THE PROPRIETARY MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND AFTERSHIP DOES NOT MAKE, AND HEREBY FULLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING THE PROPRIETARY MATERIALS AND/OR THE SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF PERFORMANCE, DEALING OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE PROPRIETARY MATERIALS OR THE SERVICES WILL MEET ANY REQUIREMENTS OF END-USER OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

IN ADDITION, AFTERSHIP SHALL NOT BE HELD RESPONSIBLE HEREUNDER FOR ACTS OR OMISSIONS OF END-USER IN CONNECTION WITH ITS USE OF THE PROPRIETARY MATERIALS OR THE SERVICES, INCLUDING FOR USER’S FAILURE TO (I) TAKE APPROPRIATE PRECAUTIONS REGARDING THE TESTING AND USE OF THE PROPRIETARY MATERIALS AND/OR THE SERVICES AND THE RESULTS THEREOF; OR (II) USE THE PROPRIETARY MATERIALS AND THE SERVICES IN ACCORDANCE WITH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFTERSHIP GROUP DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. AFTERSHIP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD PARTY SERVICES, AND ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE FOREGOING, AND ANY CLAIMS REGARDING ANY FAILURE OF THE FOREGOING, ARE SOLELY BETWEEN THE YOU AND THE APPLICABLE THIRD PARTY SERVICE PROVIDER.

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.

9. THIRD-PARTY CLAIMS

You agree to indemnify and hold the Released Parties harmless from any Third Party Claim, 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 defence and control of any matter otherwise subject to indemnification by you. If AfterShip does assume the defence of such a matter, You will reasonably cooperate with AfterShip in such defence.

10. APPLICABLE LAW

These Terms of Use will be governed by and construed in accordance with the laws of Singapore, without giving effect to any conflict of laws, rules or provisions. Access and use of the Services in countries where the Services provided are illegal is prohibited. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore with respect to any dispute or claim arising out of or in connection with these Terms.

11. GENERAL

11.1 Force Majeure. AfterShip shall not be held liable for any delay or failure in performance of any provision of the Services provided pursuant to these Terms if such performance is delayed or prevented by Force Majeure. 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.

11.2 Severability. If any provision in the Terms of Use is held invalid, invalid, void, unlawful or unenforceable, such clause will be changed and interpreted so as to best accomplish the objectives of such invalid clause within the limits of applicable law or applicable court decisions and all other clauses or parts of clauses of these Terms shall remain in full force and effect and shall not be affected by it.

11.3 Assignment. End-User will not assign or otherwise transfer use of the Service, 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 these Terms. AfterShip may freely transfer, assign or license these Terms hereunder or any rights or obligations hereunder. Any purported assignment in violation of this Section will be void.

11.4 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 these Terms will not be deemed a waiver of future enforcement of that or any other provision.

11.5 Independent Contractor. Each party is an independent contractor in the performance of each and every part of these Terms 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 these Terms.

11.6 Entire Agreement. These Terms supersede 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.

11.7 Survival. The rights and obligations contained in Sections 4 (Intellectual Property Rights), 8.3 (Limitation of Liability) and 9 (Third Party Claims) of these Terms shall survive any termination or expiration of the applicable Subscription Term. The rights and obligations contained in Section 8.4 (Disclaimer of Warranty) shall survive any termination or expiration of the applicable Subscription Term for a period of three (3) years. Additionally, if You are under a paid Service Plan, the rights and obligations contained in Section 3 (Confidentiality & Personal Data) shall survive any termination or expiration of the applicable Subscription Term for a period of five (5) years (except with respect to (a) Confidential Information constituting a trade secret of the Disclosing Party, in which case such obligations will survive for the longer of five (5) years and so long as such information remains protected as a trade secret under applicable law, and (b) Personal Data, in which case such obligations will survive in perpetuity).

12. INTERPRETATIONS AND DEFINITIONS

12.1 Interpretation. These Terms and the Documentation are provided in the English language, as well as the Services provided hereunder, together with all communications for the purposes hereof, shall be in the English language. No translation shall have any legal effect, other than as necessary for the purposes of proceedings contemplated hereunder. End-User acknowledges to not have subscribed to the Services in reliance upon any representation, warranty, collateral contract or other assurance (except those set out herein) made by or on behalf of any other party before subscribing to these Terms. Whether or not expressly indicated, any reference herein to “including” or any similar term means “including, but not limited to”, and unless the context otherwise requires, words in the singular include the plural and words in the plural include the singular.

12.2 Defined Terms. Capitalized terms (and their capitalized derivative terms) shall have the meanings set forth elsewhere in this these Terms or below:

  • 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, AfterShip Group, We, Our, Us means Automizely Pte. 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, Software, API and Documentation.

  • Anonymized Data means data (including User’s Data) that AfterShip collects about the use of the Services or a group or category of products, services, Users and/or End-Users, from which individual identities, identifiable information and/or any other Personal Data has been irreversibly removed.

  • 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 API that enables the interaction with a AfterShip instance automatically through HTTP requests and the AfterShip application development API that enables the integration of an AfterShip instance with other web applications.

  • Application or App 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.

  • Claim means any and all claims against a Party or its Affiliates by the other Party or its Affiliates (or by any party claiming through them) arising out of or relating to these Terms, including any disputes, claims for breach or claim for reimbursement or indemnification hereunder, regardless of the form of action, and whether any such claim arises or is asserted on the basis of contract, tort, negligence or otherwise.

  • 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.

  • Content means all content of the Service, Site, Application or Software including all text, graphics, documents, templates, user interfaces, visual interfaces, photographs, product and virtual product descriptions and design, FAQs, videos, logos, AfterShip trademarks (including the mark AfterShip® and all logos as shown on the Site, the Application, the Software or the Documentation are trademarks owned by AfterShip), sounds, music, artwork, computer code and programming, including the arrangement of such Content, which may be owned, controlled or licensed by or to AfterShip.

  • Feedback and Suggestions means any feedback or suggestions, in any format, provided by You for the purpose of incorporation into and/or improvement of the Application or the Services, through any channel available on the Application or the Site, which may be disclosed or distributed by the AfterShip Group to its general customer base.

  • 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.

  • Excluded Event means any of the following: (a) use of the Services other than in accordance with these Terms, the Documentation or the recommendations of AfterShip; (b) any event external to the Software, including (i) any negligent use of the Services, including by End-User or End-User personnel that lack the necessary skills, competence or training; or (ii) the combination or use of the Services with any third party elements which are not authorized in writing by AfterShip or (iii) materials, specifications or data provided by or on behalf of End-User.

  • Excluded Losses means any indirect, incidental, consequential, special, punitive and other non-direct damages of any kind or character, together with damages (whether or not considered indirect) for loss of use, loss of revenues or profits, loss of business, loss of goodwill, work stoppage, delay damages and cost to cover, computer failure or malfunction, loss of data, damage to reputation and trading losses; together with any damages arising from a third party claim (other than a Third Party Claim or any other type of third party claim expressly referenced herein).

  • General Liability Cap means, in case You have subscribed to a paid Service Plan, the lower of (i) an amount equal to the price paid by End-User to AfterShip during the twelve (12) months immediately preceding the first event giving rise to any such claim for damages less any part thereof already refunded hereunder, excluding Taxes, or (ii) five thousand US dollars (US $5,000). If You are under receiving free Services, AfterShip is not liable for any damages, losses, or claims arising from or related to your use of the Application and the Services, and the General Liability Cap shall be 100 United States Dollars (US $100).

  • 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;

  • Released Parties means AfterShip, its Affiliates and its and their officers, directors, shareholders, employees, agents, and successors.

  • 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 this 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 a third party who provides Third Party Shipping Services.

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

  • Subscription Term means (i) if You are using Services without a paid Service Plan, the period that You are using the Application, and (ii) if You are subscribed to a paid Service Plan, 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 Claim(s) means any demand, liability, claim or expense brought by a third-party against a Released Party.

  • 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 Provider providing 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.