Last modified: June 11, 2024

Thank you for using the ShipEngine APIs, other developer services, and associated software (collectively, “APIs”). By accessing or using our APIs, you are agreeing to ShipEngine General Terms of Service and the ShipEngine API Terms of Service set forth below. These ShipEngine API Terms of Service are and will be treated as part of our ShipEngine General Terms of Service. If there is a conflict or inconsistency between these ShipEngine API Terms of Service and the ShipEngine General Terms of Service, the provisions of the ShipEngine General Terms of Service will control

Collectively, we refer to the ShipEngine General Terms of Service, these ShipEngine API Terms of Service, any additional terms within the accompanying API documentation, and any applicable policies and guidelines as the “Terms.” If there is a conflict between these terms and additional terms applicable to a given API, the additional terms for that API will control with respect to the access to and use of that API. You agree to comply with the Terms and that the Terms control your relationship with us relating to your use of the APIs. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other ShipEngine products or services, then the terms for those other products or services also apply.

Under the Terms, “ShipEngine” means Auctane, Inc., with offices at 4301 Bull Creek Road, Suite 300, Austin, Texas 78731, United States of America (“United States”), unless set forth otherwise in additional terms applicable for a given API or the country-specific terms applicable to your use of the APIs (as set out at the end of these Terms). We may refer to “ShipEngine” as “we”, “our”, or “us” in the Terms.

1. SHIPENGINE APIS PRICING

  • APIs may be priced on a per transaction basis, monthly subscription, and/or fixed-fee basis.
  • Pricing for our APIs is published on our public websites or negotiated through a separate contractual agreement with ShipEngine.

By using the APIs, you agree to all pricing terms provided to you by ShipEngine, including updated pricing. 

2. API REGISTRATION

a. Accepting the Terms. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the APIs. You may not use the APIs and may not accept the Terms if you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance. If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

c. Registration. In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to ShipEngine will always be accurate and up to date and you’ll inform us promptly of any updates.

d. Subsidiaries and Affiliates. ShipEngine has affiliated legal entities. These companies may provide certain features or components of the APIs to you on behalf of ShipEngine and the Terms will also govern your relationship with these companies.

3. USING OUR APIS

a. Your End Users. You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms. You are solely responsible for any losses you incur due to erroneous or fraudulent transactions in connection with your use or your end users’ use of the APIs.

b. Compliance with Law, Third Party Rights, and Other ShipEngine Terms of Service. You will comply with all applicable law, regulation, and third party rights (including without limitation all partner carrier rules in the shipment of packages). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with ShipEngine (or its affiliates).

c. Permitted Access. You will only access (or attempt to access) the APIs by the means described in the documentation of that API (“Documentation”). If ShipEngine assigns you developer credentials (e.g. partner IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Application’s identity when using the APIs or developer accounts.

d. API Limitations. ShipEngine may, now or in the future, set and enforce limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. In addition, you acknowledge and agree we may withdraw your access to the APIs in our sole discretion. You agree to, and will not attempt to circumvent, such limitations. If you would like to use any API beyond these limits, you must obtain ShipEngine’s express consent in writing (and ShipEngine may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

e. Third-Party APIs. Our APIs may access third-party APIs to complete an API request. Third-party APIs may require separate agreements, are not governed by the Terms, and ShipEngine makes no representation of performance for third-party APIs. (These APIs may facilitate order sources, shipping carriers or other order fulfillment functions).

f. Open Source Software. Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the Documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with ShipEngine for the applicable open source software.

g. Communication with ShipEngine. We may send you certain communications in connection with your use of the APIs and you expressly agree to receive these communications in connection with your use of the APIs.

h. Feedback. If you provide feedback or suggestions about our APIs, then we hold all right, title and interest in and to such information, and may use it without obligation or compensation to you.

i. Non-Exclusivity. The Terms are non-exclusive. You acknowledge that ShipEngine may develop products or services that may compete with the API Applications (as defined below) or any other products or services.

4. YOUR API APPLICATIONS

a. API Applications and Monitoring. The APIs are designed to help you enhance your websites and applications (“API Application(s)”). YOU AGREE THAT SHIPENGINE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE SHIPENGINE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. ShipEngine may suspend access to the APIs by you or your API Application without notice if we reasonably believe that you are in violation of the Terms.

b. Security. You will use commercially reasonable efforts, and in no event less robust efforts than you use to protect your other customer information, to protect user information collected by your API Application, including personally identifiable information (“PII”), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership. ShipEngine does not acquire ownership in your API Applications, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs. As between you and ShipEngine, ShipEngine and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the APIs and Documentation (collectively, “ShipEngine IP”) or any copies thereof. ShipEngine IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in ShipEngine IP not expressly granted to you in the Terms are reserved.

d. User Privacy and API Applications. You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Application that clearly and accurately describes to users of your API Application what user information you collect and how you use and share such information with ShipEngine and third parties.

5. PROHIBITIONS AND CONFIDENTIALITY

a. API Prohibitions. When using the APIs, you may not (or allow those acting on your behalf to):

  • Sublicense an API for use by a third party. You will not create an API Application that functions substantially the same as the APIs and offer it for use by third parties.
  • Perform an action with the intent of introducing to ShipEngine products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
  • Abuse, harass, stalk, or threaten others or otherwise violate any applicable laws.
  • Interfere with or disrupt the APIs or the servers or networks providing the APIs.
  • Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
  • Remove, obscure, or alter any ShipEngine terms of service or any links to or notices of those terms.
  • Unless otherwise specified in writing by ShipEngine, ShipEngine does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a “covered entity” or “business associate” as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to ShipEngine unless you have received prior written consent to such use from ShipEngine.
  • Use the API to test or analyze another (current or future) API or software product.

You agree not to misuse the APIs or engage in activities that deviate from their intended use. Any use of the APIs for purposes other than those intended by ShipEngine is strictly prohibited and may result in suspension or termination of your access to the APIs.

b. Confidential Matters.

Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Application. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Applications from using your credentials. Developer credentials may not be embedded in open source projects.

Our communications to you and our APIs may contain ShipEngine confidential information. ShipEngine confidential information includes any materials, communications, and information that are marked confidential or that would reasonably be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without ShipEngine’s prior written consent. ShipEngine confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose ShipEngine confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

6. CONTENT

a. Content Accessible Through our APIs. Our APIs contain some third party content (such as order information, tracking data, or other information provided by our third party partners). This content may change through action of ShipEngine or through actions, rules and requirements of our third party partners. Content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content. Certain content you submit through the APIs may be shared with the third party partners of ShipEngine (for example, to third party carriers, as it relates to shipping and services related to shipping transactions). ShipEngine does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Application, except as expressly provided in the Terms. For the sole purpose of enabling ShipEngine to provide, secure, and improve the APIs (and the related service(s)), you give ShipEngine a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Application. “Use” means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Application, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

c. Retrieval of content. When a user’s non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Data Portability ShipEngine supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that’s substantially as fast and easy as exporting such data from ShipEngine products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

e. Prohibitions on Content. Unless compelled by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:

  • Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
  • Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
  • Misrepresent the source or ownership; or
  • Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

7. BRANDING ITEMS; ATTRIBUTION

a. Branding Items. “Branding Items” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive Branding Items of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party’s Branding Items. All use by you of ShipEngine’s Branding Items (including any goodwill associated therewith) will inure to the benefit of ShipEngine.

b. Attribution. You agree to display any attribution(s) required by ShipEngine as described in the Documentation. ShipEngine hereby grants to you a nontransferable, non-sublicensable, nonexclusive license while the Terms are in effect to display ShipEngine’s Branding Items for the purpose of promoting or advertising that you use the APIs. You must only use the ShipEngine Branding Items in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. You understand and agree that ShipEngine has the sole discretion to determine whether your attribution(s) and use of ShipEngine’s Branding Items are in accordance with the above requirements and guidelines.

c. Publicity. You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by ShipEngine without ShipEngine’s prior written approval.

d. Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating the APIs you are using and the associated ShipEngine products, ShipEngine may produce and distribute incidental depictions, including screenshots, video, or other content from your API Application, and may use your company or product name. You grant us all necessary rights for the above purposes. You consent to allow ShipEngine and its affiliates to use your name and logo in marketing and promotional materials and on the website of ShipEngine and its affiliates, in each case, for the purpose of identifying you as a customer of ShipEngine.

8. PRIVACY AND COPYRIGHT PROTECTION

a. ShipEngine Privacy Policies. By using our APIs, ShipEngine may collect, use and process submitted information in accordance with our Privacy Policy.

b. ShipEngine DMCA Policy. We provide information to help copyright holders manage their intellectual property online, but we can’t determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and ShipEngine’s policy about responding to notices in our Help Center.

9. TERMINATION

a. Termination. You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide ShipEngine with prior written notice and upon termination, cease your use of the applicable APIs. ShipEngine reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination. Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the ShipEngine Branding Items, and delete any cached or stored content that was permitted by the cache header under Section 5. ShipEngine may independently communicate with any account owner whose account(s) are associated with your API Application and developer credentials to provide notice of the termination of your right to use an API.

c. Surviving Provisions. When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4c, 5b, 6, 9, 10, 11, 12, 13, 14 and 15.

10. LIABILITY FOR OUR APIS

A. WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, (A) THE SERVICES ARE PROVIDED BY SHIPENGINE ON AN “AS IS” BASIS; (B) SHIPENGINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF, OR THE INFORMATION, CONTENT, OR MATERIALS PROVIDED IN CONNECTION WITH, THE SERVICES, AND (C) SHIPENGINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND SHIPENGINE DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.

SHIPENGINE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. 

SHIPENGINE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, AND DOES NOT PROVIDE ANY INDEMNIFICATION, IN RELATION TO CARRIERS, PARTNERS OR OTHER THIRD PARTY PROVIDERS, THEIR PRODUCTS AND SERVICES, OR THEIR SYSTEMS. YOUR USE OF ANY SUCH PRODUCTS OR SERVICES IS AT YOUR OWN RISK. SHIPENGINE ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR DAMAGE INCURRED RESULTING FROM THE USE OF ANY SUCH PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES OR DELAYS TO SHIPMENTS OR RELATING TO THE AVAILABILITY OR OPERATION OF THE SERVICES TO THE EXTENT SUCH AVAILABILITY AND OPERATION IS DEPENDENT UPON A CARRIER, PARTNER OR THIRD PARTY), REGARDLESS OF WHETHER SHIPENGINE IS A RESELLER OF, OR REFERRAL AGENT FOR, SUCH PRODUCT OR SERVICE.

B. LIMITATION OF LIABILITY. SHIPENGINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), OR ATTORNEYS’ FEES ARISING FROM THE USE OF THE SERVICES.

C. WITHOUT PREJUDICE TO SECTION 10(B) ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT SHIPENGINE IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, YOU AGREE THAT SHIPENGINE’S AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF (A) SERVICE FEES AND ADDITIONAL CHARGES YOU PAID SHIPENGINE TO USE THE APPLICABLE SERVICES FOR WHICH THE LIABILITY AROSE, EXCLUDING ANY CARRIER CHARGES, OTHER CHARGES OR VARIABLE TRANSACTION COSTS, SUCH AS AMOUNTS PAID TO SHIPENGINE OR TO THIRD PARTY PARTNERS FOR SHIPPING COSTS IN RESPECT OF THOSE SERVICES, DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) US $1,000.00. IN THE EVENT YOU HAVE AGREED TO THE SHIPENGINE GENERAL TERMS OF SERVICE, THE LIMITATION OF LIABILITY CONTAINED IN THE SHIPENGINE GENERAL TERMS OF SERVICE SHALL APPLY IN LIEU OF THIS SECTION 10(C).

d. Indemnification. Unless prohibited by applicable law, you will defend and indemnify ShipEngine, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

  • your misuse or your end user’s misuse of the APIs;
  • your violation or your end user’s violation of the Terms; or
  • any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

ShipEngine reserves the right, at ShipEngine’s option and in ShipEngine’s sole discretion, to assume full control of the defense of claims with legal counsel of ShipEngine’s choice.

11. THIRD PARTY CARRIERS AND PARTNERS

You agree to be bound by the terms and conditions of each carrier, partner or service provider accessed through the APIs (“third party partner”), and must accept such terms and conditions prior to using such third party’s services through our APIs, whether or not we present such terms and conditions to you directly. Please note that each third party partner may change its terms and conditions within its sole discretion, and we strongly suggest that you visit each third party partner’s website regularly, to familiarize yourself with its individual terms and conditions, as well as any potential changes, prior to using each service. If you fail to comply with the third party partner’s terms and conditions, you may be directly liable to such third party partner for such noncompliance.

12. CLASS WAIVER; PRE-FILING MEDIATION

YOU AND SHIPENGINE AGREE TO EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

In the event of any dispute, claim or controversy arising out of the APIs, the Terms, our Privacy Policy or our privacy policies generally, prior to initiating a claim, cause of action or other legal proceeding with a court of competent jurisdiction, including any small claims court (“Court of Competent Jurisdiction”), the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written notice of claim (“Notice”). If you are the claimant, the Notice to ShipEngine must be addressed to: Legal Department – Dispute Resolution, Auctane, Inc., 4301 Bull Creek Road, Suite 300, Austin, Texas 78731, United States. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim with a Court of Competent Jurisdiction.

13. POSTAL POSTAGE ACCOUNT REQUIREMENTS

By and as a result of accepting the Terms, you are also entering into an agreement with the United States Postal Service (“USPS”) in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or “PES”). You accept responsibility for control and use of your account and the PES printed therefrom. You agree and certify that: (i) you will comply with all laws and regulations applicable to USPS services, including, without limitation, the provisions of the Domestic Mail Manual and the International Mail Manual, (ii) you do not owe any money to the USPS and you are not a controlling member or officer of an entity that owes money to the USPS, and (iii) you authorize ShipEngine to disclose your personal information to the USPS and such other information retained by ShipEngine that may enable the USPS to collect debts owed to it.

You acknowledge that you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.

Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.

You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).

You further understand that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.

You acknowledge, agree, and warrant that: (1) you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the image printed by a postage evidencing system as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) you in fact have the legal authority to reproduce and otherwise use the image as proposed; and (3) you understand that images or other matter is not provided, approved, or endorsed in any way by the Postal Service.

14. GENERAL PROVISIONS

a. Modification. ShipEngine may, from time to time, modify, amend or supplement the Terms. You should look at the Terms regularly. We’ll post notice of modifications to the Terms within the Documentation of each applicable API, to this website, and/or in the ShipEngine developers’ console. Changes will not apply retroactively and will become effective no sooner than seven (7) days after they are posted, unless the change addresses a new function for an API or a legally required change, in which case such changes will be effective immediately. If you do not agree to the modified, amended or supplemented Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified, amended or supplemented Terms.

b. U.S. Federal Agency Entities. The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

c. General Legal Terms. We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party’s ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and ShipEngine does not take action right away, this does not mean that ShipEngine is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms, together with any other agreements that reference these Terms or any other signed written agreement between you and ShipEngine, are the entire agreement between you and ShipEngine relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact ShipEngine, please visit our contact page.

Except as set forth below: (i) the laws of Texas, United States, excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF TRAVIS COUNTY, TEXAS, UNITED STATES, AND YOU AND SHIPENGINE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of Texas (excluding Texas’ conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN TRAVIS COUNTY, TEXAS, UNITED STATES.

If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.

The acknowledgement of these Terms by electronic signature will have the same force and effect as if signed by original signature.

15. MISCELLANEOUS

a. SALES AND VALUE ADDED TAXES. Tax is not collectable on the purchase of postage. If required by applicable law, sales / value added tax (VAT) is charged/collected on non-postage purchases. You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized regardless of whether such taxes are collected by ShipEngine at the time of purchase.

COUNTRY-SPECIFIC TERMS

If you are receiving and using the APIs in Australia, Canada, France, Germany or the United Kingdom, the additional terms in the corresponding section (Country-specific Terms) below apply in addition to the rest of the Terms. 

If there is any conflict between the Terms (excluding these Country-specific Terms) and any applicable Country-specific Terms, the applicable Country-specific Terms take precedence. 

Australia

1. NOTICE OF TERMS THAT MAY AFFECT YOUR INTERESTS

The Terms include terms which may prejudice your interests and the following information explains the substance and effect of those Terms but does not change those Terms or their meaning or effect:

  • Provider may disclose personal information to the USPS and other carriers for the purposes of providing or improving the Services. Please see our Privacy Policy and Data Processing Agreement for further information.
  • To the extent permitted by applicable law, Provider gives no warranties relating to the Services. The Services are provided on an “as-is” basis. However, you still retain the benefit of any non-excludable consumer guarantees that you may have under Australian consumer law.  Please see Section 10 of the Terms, and also see below for further information.
  • To the extent permitted by applicable law, Provider limits its liability relating to the Services. Provider seeks to limit its liability to the amount of the fees paid for the Services under which the liability arose during a six-month period prior to the event giving rise to the liability. You must also indemnify Provider against claims, liabilities, costs and losses arising from matters including your use of the Services, ⦁ your misuse or your end user’s misuse of the APIs, your or your end user’s breach of the Terms, or any content or data routed into or used with the APIs by you, those acting on your behalf, or your end user. However, you still retain the benefit of any non-excludable consumer guarantees that you may have under Australian consumer law. Provider may be able to limit its remedies for breach of consumer guarantees to those set out below. Please see Sections 10 of the Terms, and also see below for further information.
  • The right to participate in a class action is waived by both parties. See Section 12 of the Terms for further information.

2. Despite any other provision of the Terms, nothing in the Terms is to be read as excluding, restricting or modifying the application of any applicable law which by law cannot be excluded, restricted or modified.

3. To the fullest extent permitted by applicable law, the liability of Provider, if any, for a breach of a non-excludable consumer guarantee under the Competition and Consumer Act 2010 (Cth) (or Applicable Laws of similar effect) is limited, at Provider’s option, to:

  • in the case of goods, one of the following – the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods, the payment of the cost of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
  • in the case of services – the supplying of the services again or the payment of the cost of having the services supplied again.

4. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW INCLUDING FOR NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENCE.  

5. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas 78731 U.S.A. and all references to “Provider” in the Terms and these Country-specific Terms (Australia) shall be interpreted as references to Auctane LLC.  

6. For the purposes of Section 10 of the Terms, in some circumstances the liability of a carrier may be limited under Australian laws which implement a Convention referred to in that section or under laws with similar purposes.

7. For the purposes of Section 12 of the Terms, if you are the claimant, the Notice to Provider must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas 78731 U.S.A.

8. Section 13 does not apply if you do not use or purchase USPS services. 

9. For the purposes of Section 15 of the Terms, all sums payable are expressed to be exclusive of GST. GST may be properly chargeable on the purchase of postage and Services. Where GST is chargeable, the GST shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such GST owed on products or taxable items utilized, regardless of whether such GST is collected by the Provider at the time of purchase.

10. You acknowledge that Provider may share personal information with its agents or subcontractors or affiliates or other third party service providers for the sole purpose of providing or improving the Services. In relation to any personal information which is subject to the Privacy Act 1988 (Cth) and provided by you to Provider:

  • You warrant, undertake and confirm that you have established a lawful basis for processing and sharing the personal information with Provider as envisaged; 
  • You process and control the personal information in compliance with all applicable law;
  • You consent to its use and you have obtained any necessary consents from the receiver of the goods (your customer) to pass to Provider the details required to complete the Services requested, including but not limited to name, address, email address, mobile telephone number, and contents of package;
  • You have made your customers aware that such details may be used by Provider to enhance the delivery process for your customers and it may use notifications and geodata for that purpose. This may involve Provider sharing such details with limited third parties’ data processors, for the purpose of completing the requested Services; and
  • You have told your customers that you use the Provider’s Services and given them a link to our Privacy Policy.

Canada

  1. Section 13 does not apply if you do not use or purchase USPS services. 
  2. For the purposes of section 4(d) of the Terms, you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the APIs.
  3. For the purposes of section 15(a) of the Terms, all sums payable are expressed to be exclusive of taxes and similar assessments. By using the APIs, you are responsible for all goods and services tax (GST), harmonized sales tax (HST), provincial sales tax (PST), value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, territorial, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on ShipEngine’s income.

France 

  1. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “ShipEngine” in the Terms and these Country-specific Terms (France) shall be interpreted as references to Auctane LLC.  
  2. The APIs are provided in France to business users only. You are not entitled to use the APIs if you are a consumer (“consommateur”) as defined by French law).
  3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENCE.
  4. For the purposes of section 12 of the Terms, if you are the claimant, the Notice to ShipEngine must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, United States. 78731.
  5. Section 13 does not apply if you do not use or purchase USPS services. 
  6. For the purposes of section 15(a) of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by ShipEngine at the time of purchase. 

Germany

  1. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “ShipEngine” in the Terms and these Country-specific Terms (Germany) shall be interpreted as references to Auctane LLC.
  2. The APIs are provided in Germany to business users only. You are not entitled to use the APIs if you are a consumer as defined by German law.
  3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENCE.
  4. For the purposes of section 12 of the Terms, if you are the claimant, the Notice to ShipEngine must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, United States. 78731.
  5. Section 13 does not apply if you do not use or purchase USPS services. 
  6. For the purposes of section 15(a) of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by ShipEngine at the time of purchase. 

United Kingdom

  1. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “ShipEngine” in the Terms and these Country-specific Terms (United Kingdom) shall be interpreted as references to Auctane LLC.  
  2. The APIs are provided in the United Kingdom to business users only. You are not entitled to use the APIs if you are a consumer (as defined by English law).
  3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR FRAUD OR FRAUDULENT MISREPRESENTATION AND FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OWN NEGLIGENCE. 
  4. For the purposes of section 12 of the Terms, if you are the claimant, the Notice to ShipEngine must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, United States. 78731.
  5. Section 13 does not apply if you do not use or purchase USPS services. 
  6. For the purposes of section 15(a) of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by ShipEngine at the time of purchase.