These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”), as an authorized user of the Webship shipping software service (“Service”), and Rock Solid Internet Systems, Inc., along with its affiliates, distribution agents, and related entities (collectively, the “Provider” or “Providers”). The Providers deliver software facilitating the creation of shipping labels across multiple carriers. These Terms govern your access to and use of the Service.
By establishing a Webship account, utilizing the Service, downloading our software, or generating a shipping label, you signify your acceptance of these Terms. This agreement encompasses the provisions outlined herein, as well as any operating rules, policies, pricing schedules, or supplemental documents explicitly incorporated by reference and periodically updated on our website.
Your acceptance of these Terms, including the associated Data Processing Agreement, Privacy Policy, Cookie Policy, and other referenced materials, is confirmed by clicking the acceptance buttons during account setup or Service use. These documents may be revised periodically, with updates posted on our website. As the entity you represent (“Customer”), continued use of the Service implies your consent to these Terms as amended. If you do not agree with these Terms or related policies, you are prohibited from using the Service.
To access the Service, you must use a compatible internet browser and are responsible for securing internet access and necessary equipment.
To utilize the Service, you must create a Webship account or have one established by a Provider. Account options include a no-cost plan (“Free Plan”) or various paid plans (“Paid Plans”). You affirm that all users are at least 16 years of age.
You agree not to input Sensitive Personal Data into the Service, including information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life, sexual orientation, genetic data, or biometric data.
Account features, such as upgrades, downgrades, conversions, and payment terms, may differ by region and Provider, though these Terms universally apply.
Free Plans offer limited features compared to Paid Plans, subject to restrictions detailed within these Terms and communicated through the Webship platform. Users of Free Plans may upgrade to a Paid Plan via the designated upgrade process.
Subscription Period: Paid Plans operate on a subscription basis, which may be monthly, yearly, or another duration specified in your account features (“Subscription Period”).
Subscription Fees: Paid Plans incur fees based on the selected account type (“Subscription Fees”). You agree to pay all applicable Subscription Fees, which will be charged to your credit card upon selecting a Paid Plan and automatically renewed at the prevailing rate. Fees exclude taxes, for which you are solely responsible. Should the Provider incur tax obligations on your behalf, you agree to indemnify the Provider for the full amount, including interest and penalties. If tax withholding is required, payment amounts will be adjusted to ensure the Provider receives the net invoiced amount.
The Provider reserves the right to modify pricing, introduce new charges, or apply applicable taxes (e.g., VAT, sales tax) with at least thirty (30) days’ notice via the Webship website or email notification to the address you provided. Continued use of the Service post-notification constitutes acceptance of updated pricing. All payments are non-refundable. The Provider is not liable for third-party payment processor actions. By opting for a Paid Plan, you authorize the Provider to charge your credit card for initial and subsequent Subscription Periods until cancellation or termination.
Paid Plan accounts renew automatically for the same Subscription Period unless canceled before the current period ends. Cancellation is effective immediately upon request, though no refunds will be issued for prepaid fees, and access to Paid Plan features will cease post-cancellation.
Upgrades: You may upgrade your plan at any time, with pro-rated credits applied from your current Paid Plan to the new plan for the remaining Subscription Period.
Downgrades: Downgrades to a lower-tier Paid Plan take effect at the end of the current Subscription Period, provided you adjust usage (e.g., volume, integrations) to comply with the new plan’s limits. Failure to meet downgrade criteria will result in continued billing at the existing plan rate.
Access to the Service requires a compatible device with internet connectivity. You are responsible for all associated costs, including wireless carrier fees. You warrant that you possess the legal rights to grant the licenses outlined in these Terms and that such use complies with applicable laws without infringing third-party rights. The Service includes unavoidable communications (e.g., service announcements), which you cannot opt out of as a subscriber.
You confirm you are at least 18 years of age (or the age of majority in your jurisdiction) and accept financial responsibility for your account usage, including by minors under your supervision.
You acknowledge that shipping label prices are subject to carrier review and adjustment based on discrepancies (e.g., weight, dimensions, address errors). You agree to accept carrier-determined adjustments and authorize additional charges to your designated payment method, covering either the recharge amount or the adjustment cost, whichever is greater. Declined payments must be rectified promptly.
Compliance with carrier terms (e.g., USPS, DHL, UPS, FedEx) is mandatory.
Failed transactions (e.g., ACH, credit card) incur a 150 fee per occurrence. Overdue amounts (beyond 30 days) accrue interest at 25% per annum, compounded monthly, or the maximum legal rate. Unpaid amounts may be sent to collections, with all legal remedies pursued. Inactive accounts may incur service fees on held funds. Pay-on-Use (POU) returns and label creation fees are subject to change at the Provider’s discretion. Automated label voiding (for unused labels after 20 days) incurs a 20% fee, avoidable by manual voiding.
Accounts are for individual use only and may not be resold. Use must comply with all applicable laws. Prohibited actions include illegal use, network disruption, intellectual property infringement, unauthorized access, spam dissemination, and distribution of objectionable content. Violations may result in account suspension or termination at the Provider’s discretion.
By using the Service, you opt into receiving emails regarding updates, offers, and surveys, with an option to modify or opt out of non-essential communications.
Shipping hazardous materials requires your full compliance with regulations, affirming your sole responsibility as the offeror, independent of the Provider.
The Service is provided as-is, with no guaranteed availability or obligation for support unless specified in your plan. Access may be suspended if your usage disrupts operations.
For eligible services, the Provider may handle insurance claims for lost/damaged parcels, retaining settlements if not claimed within 90 days or the carrier’s limit.
You are granted a non-exclusive, non-transferable license to use the Service and Software under these Terms, with all intellectual property rights retained by the Provider. Reverse engineering or unauthorized distribution is prohibited.
You must adhere to export laws (e.g., U.S. EAR, OFAC regulations) and carrier-specific requirements, ensuring lawful use and shipment compliance.
Your license persists through the Subscription Period unless terminated earlier by the Provider (e.g., for legal requests or breaches) or by you. Free Plans may be limited or terminated at the Provider’s discretion. Upon termination, access ceases, and obligations like indemnification survive.
Your data supports USPS transactions and reporting, disclosed only as legally required or to facilitate services, per USPS privacy policies.
Terms may be updated with 30 days’ notice via the website or email, with continued use signifying acceptance.
The Service and Software are provided “as is,” with no warranties (express or implied) regarding performance, security, or accuracy.
The Provider’s liability is capped at the lesser of three months’ fees or 1500, excluding indirect damages, with no liability for carrier delivery guarantees.
You indemnify the Provider against claims arising from your use or breaches of these Terms.
Disputes are resolved via binding arbitration in Salt Lake City, Utah, under AAA rules, waiving jury trials and class actions.
Jurisdiction is Utah, with a one-year statute of limitations for claims. No third-party beneficiaries exist.