Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “User”) and PublicShipping, Inc. (“PublicShipping,” “we,” “us,” or “our”), a Delaware corporation, governing your access to and use of our website, mobile applications, and related technology and services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Agreement to Terms
You must read and accept these Terms as a condition to using the Services. Supplemental terms may apply to certain features; such terms will be disclosed and are incorporated by reference.
2. The PublicShipping Platform
PublicShipping operates a technology marketplace connecting individuals and businesses seeking to send packages (“Senders”) with independent persons (“Couriers”) who offer to transport and deliver packages. PublicShipping does not provide transportation services and is not a carrier, common carrier, freight forwarder, or logistics broker. Couriers are independent contractors and are not employees, agents, or partners of PublicShipping.
3. Eligibility; Account Registration; Identity Verification
- You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering a binding contract.
- You must provide accurate, current, and complete information during registration and keep it updated.
- You are responsible for safeguarding your credentials and for all activities under your account.
- We may require identity verification (e.g., government ID checks via third-party providers such as Stripe Identity) and may deny, suspend, or terminate accounts for non-compliance or risk concerns.
4. Prohibited Items and Activities
You may not use the Services to ship, request shipment of, or transport items that are illegal, hazardous, prohibited, stolen, counterfeit, or otherwise restricted by law or policy. This includes: explosives; weapons; controlled substances; flammables; perishable food without proper packaging; live animals; human remains; cash or bearer instruments; or items whose shipment would violate postal, import/export, aviation, or transportation regulations. You may not harass, defraud, impersonate, reverse-engineer, or misuse the Services.
5. Shipments, Risk Allocation, and Insurance
- Senders’ Responsibilities: Senders are responsible for legality, packaging, labeling, and accurate content descriptions.
- Couriers’ Responsibilities: Couriers are responsible for safe handling, lawful operation, and timely delivery.
- No Custody: PublicShipping does not take possession of shipments and does not guarantee delivery, timing, or condition.
- Claims: Any loss, damage, or delay claims are between Sender and Courier. PublicShipping may assist in support but has no duty to resolve disputes.
6. Fees; Payments; Taxes
Fees are shown before confirmation. Payments are processed by third-party providers (e.g., Stripe). Except where required by law, all fees are non-refundable. You are responsible for applicable taxes.
7. Ratings, Reviews, and User Content
You may submit feedback or content (“User Content”). You retain ownership but grant PublicShipping a worldwide, non-exclusive, royalty-free license to use it to operate and improve the Services. You represent your content is lawful and non-infringing. We may remove or moderate content at our discretion.
8. Communications; E-Sign; SMS
By using the Services, you consent to receive transactional emails, notifications, and SMS. Marketing communications require consent and can be opted out. You consent to use of electronic signatures and records.
9. Intellectual Property; License
All intellectual property in the Services belongs to PublicShipping or its licensors. You are granted a limited, revocable, non-exclusive license to use the Services. You may not copy, distribute, or modify our materials without permission.
10. Third-Party Services
The Services may depend on or link to third-party services (e.g., payments, maps, identity verification). PublicShipping is not responsible for them.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLICSHIPPING AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless PublicShipping and its affiliates from any claims or damages arising out of your use of the Services, shipments, or violations of these Terms.
14. Dispute Resolution; Arbitration; Class Action Waiver
All disputes will be resolved by binding arbitration in Delaware under the AAA Commercial Arbitration Rules. You waive the right to participate in class actions. Either party may seek injunctive relief in court for IP or confidentiality breaches.
15. DMCA; Copyright Complaints
Submit DMCA notices to [email protected] including identification of the copyrighted work, the infringing material, contact details, and a sworn statement of good faith.
16. Force Majeure
We are not liable for failures caused by factors beyond our reasonable control (e.g., natural disasters, war, strikes, network outages).
17. Modifications to the Services; Updates to Terms
We may modify or discontinue features or update these Terms by posting revisions. Continued use after posting means acceptance.
18. Miscellaneous
- Governing Law: Delaware, USA.
- Severability: If one provision is invalid, others remain enforceable.
- Assignment: You cannot assign rights without our consent.
- Entire Agreement: These Terms and referenced policies constitute the entire agreement.
- Contact: [email protected]