Terms & Conditions
Shipting is an innovator of AI-Powered cybersecurity and data protection solutions. It enables enterprises to give rights to people on their data, be responsible custodians of people's data, comply with global privacy regulations and bolster their brands. Since our products are cloud based, you can access them through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.
This document, the Shipting Terms of Service ("Terms"), outlines the terms regarding your use of our products. These Terms are a legally binding contract between you and SHIPTING so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the SHIPTING Service, platform and products including applications, mobile, software, websites or other properties owned or operated by SHIPTING or by registering for a product suite account ( "Services") you are agreeing to be bound by these Terms for the Services provided by SHIPTING ("SHIPTING" or "we"). If you reside in the United States, you are entering into this contract with SHIPTING, Inc.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to SHIPTING that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
In order to operate and provide the Services, we collect certain information about you.We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how SHIPTING collects, stores, and uses certain information.
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.shipting.com (the "Site"). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by opening a ticket viia the Customer Support link in your Shipting portal or by emailing support@shipting.com Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). Only you may use your Shipting account and you are responsible for your account. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact SHIPTING support via the Customer Support link in your Shipting portal or by emailing support@shipting.com
Your employer chooses what email address(es) you register for an account. The domain of the email
address associated with your account is owned or controlled by your employer and your account will
therefore be controlled by your employer.
Since your employer provided you with your account, your employer has rights to your account and may:
(a) manage your account (including suspending or canceling); (b) reset your password; (c) view your
usage and profile data, including how and when your account is used; and (d) manage the content in your
account.
By registering with SHIPTING or signing up for Services, you understand that we may send you (including
via email) information regarding the Services, such as: (a) notices about your use of the Services,
including notices of violations of use; (b) updates to the Services and new features or products; and
(c) notifications from within the service.
Notices emailed to you will be considered given and received when the email is sent.
The content of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Company content (collectively, "Content"). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of SHIPTING or its licensors and are protected under copyright, trademark, and other laws. You agree to provide SHIPTING (as well as agents or service providers acting on SHIPTING's behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, or (iv) to respond to an emergency.
During your use of the Services, SHIPTING may share with you information that is confidential, sensitive
or should be kept secret. For example, if we tell you about our product roadmaps, product designs and
architecture, technology and technical information, provide you with security audit reviews, business
and marketing plans, or share with you our business processes, these should always be considered
confidential to SHIPTING.
Also, if either of us provide any documents to the other that are labeled "confidential" (or something
similar), or provide information (either in writing or verbal) that is of a type that a reasonable
person should understand to be confidential such information is to be treated as confidential
information. However, if you tell us information that: (a) we already know at the time you tell us; (b)
was told to us by a third party who had the right to tell us; (c) is generally available to the public;
or (d) was independently developed by us without using any of your confidential information, then that
information will not be considered confidential. The same goes for information that we tell you that
falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other's information with the same degree of care that
we treat our own confidential information; (ii) will use each other's confidential information only in
connection with these Terms and the Services; (iii) only share the information with others who have a
need to know and who have agreed in writing to treat it as confidential (as we've outlined in this
section); and (iv) not share the information with any third party except as allowed in these Terms or
through the Services. Of course, confidential information will always remain the property of its
owner.
A subset of Shipting Personnel has access to customer data as necessary to support the platform.
Individual access is granted based on the role and job responsibilities of the individual. Access to
systems containing customer data is reviewed on a regular basis and is monitored on an ongoing basis.
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
You agree you will not, nor will you encourage others or assist others, harm the Services or use the
Services to harm others. For example, you must not use the Services to harm, threaten, or harass another
person, organization and/or to build a similar service or website. You must not: (a) damage, disable,
overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute
the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the
Services or attempt to carry out these activities; (d) use any automated process or service (such as a
bot, a spider, or periodic caching of information stored by SHIPTING) to access or use the Services; (e)
use the Services beyond the features allocation and amounts provided in that Service or in violation of
our fair use policy; (f) use the Services to violate any law of distribute malware or malicious Content;
or (g) distribute, post, share information or Content you don't have the right to or is illegal.
As part of our efforts to protect the Service, protect our customers, or stop you from breaching these
Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other
communication to or from the Services.
We reserve the right to suspend or terminate your access to the Service at any time at our sole
discretion. You understand that if your account is suspended or terminated, you may no longer have
access to the features or content stored the Services.
Customer data will only be retained for the duration of the customer's contract with the Company.
SHIPTING team must be notified of customer termination/offboarding via a ticket filed using the Customer
Support link in your Shipting portal or via an email to support@shipting.com (with cancellation
confirmation from a SHIPTING representative).
Upon receiving a confirmed customer termination request, all customer data will be deleted from online
systems within one business week of the creation of the offboarding ticket.
We can make necessary deployments of changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
SHIPTING may make available to you optional third-party applications, services or products, for use in connection with the Services ("Third-Party Products"). These Third-Party Products are not necessary for the use of the Services and your use (and any exchange of any information, license, payments etc. are between you and the third party provider) is solely between you and the applicable third party provider. SHIPTING makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products. If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third party provider.
All contents of the Site and Services including but not limited to logo, design, text, software,
technical drawings, configurations, graphics, other files, and their selection and arrangement and
SHIPTING Confidential Information belong to SHIPTING , and/or its suppliers, affiliates, or licensors.
SHIPTING or its licensors own and reserve all right, title and interest in and to the Services and all
hardware, software and other items used to provide the Services, other than the rights we expressly
grant to you to use the Services and SHIPTING Confidential Information. No title to or ownership of any
proprietary rights related to the Services or SHIPTING Confidential Information is transferred to you
pursuant to these Terms.
If you provide comments, suggestions and recommendations to SHIPTING about a Service (e.g.,
modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning
this Feedback to SHIPTING.
To the extent not prohibited by law, you will defend SHIPTING against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriation of a trade secret (to the extent that such misappropriation is not the result of SHIPTING's actions); or (b) violates applicable law or these Terms. SHIPTING will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SHIPTING, ITS AFFILIATES, RESELLERS, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE,
GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION,
CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF SHIPTING HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER
IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN
EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
You must comply with all domestic and international export laws and regulations that apply to your use
of the Services, such as software. These laws include restrictions on destinations, end users, and end
use.
If you reside in the United States, you agree that the Terms, and your relationship with
SHIPTING will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws
principles. We both agree that the United Nations Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transactions Act does not apply to these Terms. We both agree
that all of these claims can only be litigated in the federal or state courts in Santa Clara County,
California, USA and we each agree to personal jurisdiction in those courts. However, you agree that
SHIPTING can apply for injunctive remedies in any jurisdiction.