Terms of
Service
Last Updated: April 2, 2026
Effective Date: Jan 19, 2025
Welcome to ShipSmart Logistics Inc. (“ShipSmart,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the ShipSmart platform, website, mobile application, tools, communications, and related services (collectively, the “Services”). By creating an account, accessing, browsing, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as any policies referenced in these Terms, including but not limited to ShipSmart’s Privacy Policy and Prohibited Items Policy.
If you do not agree to these Terms, you must discontinue use of the Services immediately.
ShipSmart provides package receiving, logistics coordination, consolidation, shipment preparation, and related services designed to help users reduce shipping costs and improve shipment organization by combining multiple packages into a single outbound shipment when requested. ShipSmart also coordinates shipping workflows and facilitates customs clearance and delivery through third-party carriers and on-island agents, where applicable. ShipSmart operates as a logistics coordination platform and does not itself manufacture goods, sell goods, or operate as the transporting carrier for most shipments. All transportation, customs processes, port handling, and delivery services are performed by third parties and are subject to their own operating constraints, schedules, rules, and governmental regulations.
Where ShipSmart offers coordination for customs clearance and delivery through third-party providers and on-island agents, such services are facilitated and organized through ShipSmart workflows, but actual movement of cargo, port processes, governmental controls, and physical delivery are performed by third parties. Users acknowledge that customs clearance and delivery may be required components of their shipments and that third-party transportation and customs outcomes may be impacted by conditions outside ShipSmart’s control.
These Terms are intended to set expectations and allocate responsibilities among ShipSmart, the user, and relevant third parties involved in shipping, customs clearance, and delivery. Users should read these Terms carefully, as they include important information regarding fees, late payment enforcement, package labeling and identification requirements, limitations of liability, dispute resolution, and mandatory arbitration provisions.
Definitions
For clarity, the following definitions apply throughout these Terms:
“Account” means a user’s registered ShipSmart account created through the app or platform.
“App” means the ShipSmart mobile application and any related platform features.
“Carrier” means any third-party shipping line, air carrier, freight forwarder, courier, trucking company, logistics provider, or similar provider engaged in transportation or related movement of shipments.
“Consolidation” means the process of combining two or more packages into one or more outbound boxes or shipment units to reduce shipping costs or improve shipment management, including repacking, removal of outer packaging, reconfiguration, or preparation.
“Customs Clearance” means the process of governmental customs review, inspection, documentation handling, duty and tax assessment, and release of goods for entry or delivery in the destination country.
“Delivery” means final distribution or handoff in the destination country through an on-island agent, local logistics provider, or other third party.
“Fees” means any charges assessed by ShipSmart or on ShipSmart invoices, including consolidation, storage, shipping coordination, handling, customs-related charges, port fees, duties, taxes, agent fees, and late fees.
“Miami Address” means the designated delivery address ShipSmart provides for receiving packages.
“Package” means any parcel, box, envelope, or shipment delivered to ShipSmart’s Miami warehouse or other designated receiving location.
“Prohibited Items Policy” means ShipSmart’s policy identifying items that are prohibited, restricted, hazardous, or otherwise non-compliant with laws or carrier rules.
“ShipSmart Protect” means ShipSmart’s internal shipment protection program, if offered, which is not insurance and is subject to specific program terms, conditions, exclusions, verification requirements, and coverage limits.
“Shipment” means one or more packages consolidated or prepared for outbound transport from the ShipSmart warehouse to a destination country, including any cargo movement coordinated through third parties.
“User” or “you” means any person or entity accessing or using the Services, including account holders and authorized users of an account.
Eligibility and Account Requirements
To use ShipSmart, you must be at least 18 years old or have legal authorization to use the Services and to enter into a binding agreement under applicable law. By creating an account, you represent and warrant that the information you provide is accurate, complete, and current, and that you have the legal capacity to enter into these Terms.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify ShipSmart immediately if you suspect unauthorized access, use, or breach of your account credentials. ShipSmart is not liable for losses resulting from unauthorized use of your account where such use arises from your failure to safeguard your credentials or comply with reasonable account security practices.
ShipSmart prohibits unauthorized account sharing, fraudulent transactions, and misuse of the platform. ShipSmart reserves the right to suspend, restrict, or terminate an account at any time if ShipSmart determines, in its sole discretion, that the account is being used in violation of these Terms, in a fraudulent manner, in a manner that exposes ShipSmart to legal or operational risk, or in a manner that compromises the integrity of ShipSmart’s systems or relationships.
ShipSmart may require additional verification at any time, including proof of identity, proof of address, proof of purchase, or supporting documentation related to shipments, particularly where suspicious activity, unusual shipment patterns, chargebacks, or compliance issues arise.
User Responsibilities and Compliance
Users are solely responsible for ensuring that all information provided to ShipSmart is accurate and up to date. This includes but is not limited to shipping address selections, account details, package descriptions, declared contents, value declarations, invoice information, and payment details. Any inaccuracies, omissions, or failures to provide complete and truthful information may result in service delays, additional fees, inability to locate packages, customs issues, holds, or account suspension.
Users must comply with all applicable laws, regulations, and policies, including U.S. export laws, destination country import laws, customs regulations, and the policies of carriers and third-party providers involved in shipment handling, customs processing, and delivery. It is the user’s responsibility to confirm that shipments do not contain prohibited or restricted items and that all required documentation is complete, accurate, and timely. ShipSmart is not responsible for legal consequences arising from a user’s failure to comply with shipping regulations.
Users must also ensure that their interactions with ShipSmart employees, customer service representatives, on-island agents, carriers, and third-party partners remain professional and respectful. Abusive behavior, threats, harassment, discriminatory conduct, or fraudulent activity may result in immediate restriction, suspension, or termination of Services, and may result in legal action.
Users are responsible for selecting goods and retailers and ensuring that retailers ship packages to the correct ShipSmart address with required identifiers. Users also bear responsibility for ensuring that packages are properly packaged by the retailer or shipper, and that goods are packaged in a manner reasonably suited for shipping, handling, and consolidation.
ShipSmart is not responsible for errors originating from retailers or sellers, including:
- Incorrect items shipped
- Missing items from original orders
- Inadequate packaging
- Pre-existing damage
Users must resolve such issues directly with the retailer.
Shipment Process, Responsibilities, and Scope of Services
ShipSmart provides logistics coordination services that include package receiving, temporary storage, consolidation, shipment preparation, shipping coordination, customs clearance coordination, and delivery facilitation through third-party carriers and on-island agents. By using ShipSmart, users acknowledge that ShipSmart operates as a logistics coordination platform and does not itself transport goods. All transportation, clearance, and delivery services are performed by third-party providers subject to their own operating constraints, schedules, and regulations.
ShipSmart’s role is to facilitate the organization and execution of logistics workflows and to provide a structured process for receiving and preparing goods for shipment. ShipSmart may coordinate documentation, billing, consolidation, and readiness for outbound transport. In certain lanes or destinations, ShipSmart may coordinate customs clearance and delivery facilitation through on-island agents or third-party providers. However, governmental customs actions and third-party carrier performance remain outside ShipSmart’s direct control.
Users acknowledge that shipping is operationally complex and may involve multiple parties and steps, including warehouse intake, labeling verification, scanning, consolidation, re-packing, outbound documentation preparation, handoff to carriers, port movements, customs processes, and final delivery or pickup. Users agree to cooperate with ShipSmart’s processes and provide required documentation, payments, and responses in a timely manner to avoid delays.
Package Receiving, Labeling, and Identification
ShipSmart provides users with a designated Miami delivery address for receiving packages. Users are solely responsible for ensuring that all packages are correctly labeled using the exact address provided, including the user’s full name, unique identifier and “ShipSmart B3”. Packages that are incorrectly labeled, missing identifying information, or delivered without required ShipSmart details may be delayed, misrouted, or unable to be identified and logged.
ShipSmart is not liable for packages that cannot be located, identified, or properly logged due to incorrect or incomplete labeling. Users understand that ShipSmart operates within a high-volume warehouse environment and cannot reasonably search for unidentifiable packages without required data. It is the user’s responsibility to follow labeling instructions precisely.
Packages may not be reported as missing unless at least forty-eight (48) hours have passed since confirmed delivery to the ShipSmart warehouse and the user has submitted all required identifying information through ShipSmart’s designated package inquiry process. Failure to provide required information may prevent ShipSmart from conducting a package search.
A package will only be considered “missing” within the ShipSmart system if all required verification criteria are satisfied.
To initiate a missing package investigation, the user must provide:
- A valid tracking number corresponding to the shipment
- Proof of delivery from the carrier confirming delivery to the ShipSmart address
- A purchase invoice or receipt showing the shipment details, including the delivery address used
ShipSmart reserves the right to reject or deny any missing package claim where the required documentation is incomplete, inconsistent, or not provided.
Packages are only eligible for investigation after a minimum of twenty-four (24) to forty-eight (48) hours has passed from confirmed delivery, to allow for standard warehouse intake and processing.
If a package is incorrectly labeled, including but not limited to missing the required ShipSmart identifier, incorrect formatting of the ShipSmart address, or omission of required address components, the package will not be classified as missing or lost.
Such packages are deemed improperly addressed and fall outside of ShipSmart’s responsibility. ShipSmart shall not be liable for packages that cannot be identified, located, or processed due to user labeling errors.
Carrier delivery confirmations do not constitute proof of delivery to ShipSmart where the package was not addressed in accordance with ShipSmart’s required format.
If a user is unable to provide verifiable proof of delivery, including a valid tracking number confirming delivery, the package will not be considered missing.
If a package is delivered to an incorrect address, incorrect unit, or wrong suite due to the user’s labeling error or the retailer’s failure to follow the label instructions, ShipSmart is not responsible for locating the package, securing recovery, or reimbursing the user. ShipSmart may, at its discretion, attempt to assist with reasonable inquiries, but such assistance does not create liability or obligation.
Users are responsible for providing accurate tracking information when submitting shipment details or inquiries. If a user provides an incorrect tracking number, inconsistent shipment information, or unverifiable delivery data, ShipSmart shall not be responsible for investigating or resolving the shipment.
ShipSmart reserves the right to rely on verified carrier data and internal records when determining whether a package was delivered to its facility.
ShipSmart is not obligated to conduct physical searches for packages that cannot be identified due to missing or incorrect labeling.
Any assistance provided in attempting to locate such packages is done at ShipSmart’s discretion and does not create liability.
Users are responsible for tracking packages from the retailer to the ShipSmart Miami address using retailer tracking and proof of delivery, and must retain receipts, invoices, and shipping confirmations in case verification is needed. Where ShipSmart requests supporting documents to verify package ownership, value, or delivery status, the user must provide such documentation promptly.
Receipt of Packages
A package is considered received by ShipSmart only once it has been physically received at our facility and successfully scanned into the ShipSmart system.
Carrier delivery confirmations, including delivery status updates, signatures, or photographic evidence, do not constitute proof of receipt by ShipSmart.
Incorrect or Unverified Deliveries
If a package is marked as delivered by a carrier but has not been scanned into our system, it is classified as an unverified delivery. In such cases, ShipSmart cannot confirm that the package was received into our facility and is therefore not responsible for the package.
Investigation Process
If a package has been correctly labeled according to ShipSmart requirements and is marked as delivered, ShipSmart may, at its discretion, conduct an internal investigation to attempt to locate the package. This may include reviewing internal logs, intake records, and available carrier delivery information.
Any documentation provided by the carrier, including delivery photographs or signatures, will be treated as supporting information only and does not confirm receipt by ShipSmart.
Limitation of Responsibility
ShipSmart is not liable for packages that are not scanned into the system, including but not limited to packages that are misdelivered, delivered to an incorrect location, lost prior to intake, or otherwise not received into ShipSmart’s custody.
Receiving and Processing Packages
When a package is delivered to ShipSmart’s receiving facility, ShipSmart will process and attempt to log the package into the user’s account. Intake and logging timelines may vary depending on warehouse volume, holidays, operational disruptions, and staffing. Users acknowledge that a package may not immediately appear in the app even after delivery confirmation, and users agree to follow the designated inquiry process if a package does not appear after the minimum inquiry window described above.
ShipSmart is not liable for packages lost before arrival at the ShipSmart warehouse. Users must address losses occurring before delivery to ShipSmart with the retailer, the carrier used by the retailer, or applicable shipping insurance providers. ShipSmart also is not responsible for retailer errors, including shipments sent to the wrong address or shipments shipped without the required ShipSmart identifier.
ShipSmart reserves the right to reject packages under certain circumstances, including but not limited to packages containing prohibited items, packages that arrive damaged beyond reasonable handling, packages with severe leakage or hazards, or packages that cannot be accepted due to operational constraints. If a package is rejected, refused, or cannot be processed, ShipSmart may, at its discretion, return the package to the sender at the user’s expense, with all return costs determined by the return location, package size, weight, and destination; ShipSmart does not guarantee return outcomes or acceptance by the original sender.
Storage and Handling
ShipSmart provides short-term package storage as part of its logistics service. Packages may be stored for a limited period as determined by operational capacity. ShipSmart may provide free storage for a period of time, which may be communicated through the app, the website, or customer communications. However, regardless of any free-storage offer, ShipSmart is not a long-term storage facility and reserves the right to impose operational storage limits as necessary to manage warehouse capacity.
Packages held beyond the allowable storage period are subject to a storage fee of three dollars and fifty cents ($3.50) per day per package.
Packages may not be stored for more than fifteen (30) days without shipment or consolidation. Users acknowledge that this storage limit is an operational requirement designed to keep warehouse workflows functional. Packages that exceed storage limits or accumulate unpaid storage fees may be subject to disposal, liquidation, donation, or destruction at ShipSmart’s discretion, without liability to the user.
If accumulated storage fees exceed the reasonable value of the package(s) in ShipSmart’s judgment, ShipSmart reserves the right to dispose of the package without liability. Users waive claims to abandoned packages as described in the Package Abandonment and Disposal section of these Terms.
ShipSmart reserves the right to adjust storage limits, free storage periods, and storage fee enforcement as operational needs evolve. Any such adjustments may be implemented without prior notice and apply to packages stored at ShipSmart facilities.
Consolidation Services
At the user’s request, ShipSmart may consolidate multiple packages into one or more outbound shipments to reduce shipping costs and improve logistical efficiency. Consolidation may involve repacking, removal of original packaging, or reconfiguration of contents to optimize space. Users acknowledge that manufacturer packaging integrity may be altered during consolidation and accept this as part of the consolidation process.
ShipSmart will use reasonable care during consolidation. However, users acknowledge that consolidation inherently involves handling and movement of items and packaging. ShipSmart is not responsible for cosmetic damage, manufacturer defects, packaging changes, or minor wear resulting from consolidation when reasonable care has been exercised.
Users are responsible for ensuring that fragile items are shipped to ShipSmart in appropriate protective packaging. If a retailer ships fragile items with inadequate protective packaging, the risk of damage increases. ShipSmart may, but is not required to, add additional packaging materials or protective cushioning. If additional packaging materials are used, additional fees may apply.
ShipSmart may refuse to consolidate certain items if consolidation would require unsafe handling, violate carrier rules, or create an unacceptable risk of damage, leakage, or hazard. ShipSmart may also separate items requiring special handling or documentation, including hazardous or restricted items where permitted by law and carrier policies.
Shipping Coordination, Payment, and Release of Shipments
ShipSmart coordinates outbound shipments through third-party carriers and logistics partners. All shipping-related charges, including freight, customs duties, port fees, handling fees, and agent fees, must be paid in full before any shipment is released for transport or delivery.
Shipments will not be released, cleared, or delivered under any circumstances until payment is received in full. This includes circumstances where a shipment has arrived in the destination country, is ready for port release, or is otherwise physically present and awaiting clearance. Users acknowledge that unpaid invoices can delay entire shipments where operational workflows require consolidated processing and that ShipSmart must enforce strict payment rules to protect operational continuity.
Users further acknowledge that ShipSmart may require payment before certain workflow steps are executed, including consolidation release, outbound preparation, customs submission, clearance processing, delivery scheduling, or pickup authorization. If a user fails to pay in the required time, ShipSmart may place holds, suspend service, or treat packages as abandoned in accordance with these Terms.
ShipSmart has no obligation to release, deliver, process, or facilitate any shipment where payment has not been completed in full.
Users expressly waive any claim to access, possession, or release of shipments prior to full payment of all applicable fees.
Customs Clearance and Delivery
Customs clearance and delivery are mandatory components of the ShipSmart service and are required for all international shipments where applicable. Users acknowledge and agree that customs duties, taxes, port fees, brokerage-related costs, handling fees, and other government-imposed charges are mandatory and are separate from freight charges.
These fees apply regardless of whether the user elects to collect a shipment personally or through a third party from our agent. Customs clearance charges and delivery facilitation charges may include fees associated with on-island processing, port handling, scanning, warehousing, local transport, agent administration, governmental submissions, and related clearance workflows.
Users acknowledge that customs delays, inspections, examinations, government holds, port congestion, regulatory enforcement actions, and other governmental or port processes are outside of ShipSmart’s control. ShipSmart is not liable for delays, additional costs, penalties, or losses resulting from customs or government processes, including seizures, holds, quarantine, or administrative actions.
Users are responsible for providing requested information and documentation necessary for clearance, including purchase invoices, receipts, proof of payment, item descriptions, and other supporting details as needed. If a user fails to provide such documentation in a timely manner, the shipment may be delayed, held, or subject to additional fees. ShipSmart is not responsible for losses arising from a user’s failure to comply with documentation requests.
Fees, Payment, and Billing
Users are responsible for all applicable fees, including but not limited to consolidation fees, shipping coordination fees, storage fees, handling fees, customs duties and taxes, port fees, agent fees, delivery facilitation fees, late fees, and any fees imposed by third-party providers. Certain fees may be calculated based on weight, dimensions, number of packages, destination country requirements, carrier rates, or other operational factors.
All payments must be processed through the ShipSmart Payment System or other payment methods ShipSmart makes available. Fees are due at the time of service or at the time stated on the invoice. No packages or shipments will be released until full payment has been received. All charges are non-refundable except in cases where ShipSmart, at its sole discretion, determines that a refund is warranted due to a ShipSmart error.
ShipSmart may update its fee structures over time, including storage fees, consolidation fees, customs coordination fees, and late fee enforcement. Users acknowledge that fees may vary by destination, carrier, agent, and shipping lane. ShipSmart may publish fee schedules, but users acknowledge that final fees may depend on shipment-specific variables and third-party charges.
Late Fees, Non-Payment, and Enforcement
ShipSmart reserves the right to assess late fees for unpaid balances, including storage fees and shipment invoices. Storage fees accrue at three dollars and fifty cents ($3.50) per day per package beyond the allowable storage period.
Shipment invoices that remain unpaid after five (5) days from the invoice date will be subject to a late fee of five dollars ($5.00) per day, assessed for each calendar day the invoice remains outstanding beyond the five-day grace period. Late fees are assessed as a flat rate regardless of shipment size or value and will be added to the user's outstanding balance. Shipments will not be released until all fees, including accrued late fees, are paid in full.
Failure to pay outstanding balances may result in shipment holds, delayed clearance, delayed delivery scheduling, service suspension, package disposal, or account termination. ShipSmart may also restrict a user’s ability to create new shipments or request consolidations while outstanding balances remain unpaid.
If a user fails to pay fees and ShipSmart incurs third-party costs or operational expenses related to that user’s packages or shipments, ShipSmart may seek reimbursement. ShipSmart may also charge reasonable administrative fees associated with collections, enforcement, or recovery efforts, where permitted by law.
Where overdue balances are significant or prolonged, ShipSmart may refer an account to collections or pursue legal enforcement to recover amounts owed. Users agree that they are responsible for all fees owed, including fees that accrue due to late payment, storage overages, or failure to cooperate with required workflows.
Refunds and Dispute Resolution
ShipSmart’s services are non-refundable except in specific cases where ShipSmart, at its sole discretion, determines that a refund is warranted. Users may be eligible for a refund if ShipSmart mislabels or misplaces a package or if an internal processing error occurs, and only where ShipSmart’s records substantiate such error.
Refunds will not be granted for delays caused by carriers, customs holds, port congestion, governmental actions, on-island operational constraints, or user error. Shipments that are seized, lost, or damaged after being transferred to a carrier, customs authority, port operator, or on-island agent must generally be addressed through the responsible third party, subject to the user’s available remedies under carrier terms or any third-party insurance the user obtained.
Storage fees incurred due to unshipped packages are non-refundable. Late fees assessed due to non-payment are non-refundable.
Any disputes regarding service charges, missing items, billing issues, or processing concerns must be submitted to ShipSmart’s customer support team within fourteen (14) days of the issue. Users who initiate a chargeback through their payment provider instead of following ShipSmart’s dispute process may have their accounts permanently suspended and may be deemed in violation of these Terms. ShipSmart may, in its sole discretion, refuse future service to users who engage in repeated chargebacks or payment disputes that ShipSmart determines to be improper or abusive.
All claims, including but not limited to missing packages, damaged items, billing disputes, or service issues, must be reported within fourteen (14) days of the relevant event.
Failure to report within this timeframe may result in permanent closure of the matter without review.
Users agree that initiating a chargeback without first following ShipSmart’s dispute process constitutes a breach of these Terms.
ShipSmart reserves the right to:
- Suspend or terminate the account
- Deny future service
- Recover disputed amounts through collections or legal action
ShipSmart Protect Program
ShipSmart may offer an internal shipment protection program known as ShipSmart Protect. ShipSmart Protect is not insurance and is not represented as insurance. ShipSmart Protect provides limited internal protection for shipments that experience verifiable loss or damage while in ShipSmart’s possession, subject to program terms, exclusions, and verification requirements.
Coverage under ShipSmart Protect is limited to a maximum value determined by ShipSmart at the time of shipment and applies only if the applicable protection fee is paid. The user must elect ShipSmart Protect where offered and must pay any associated fee.
Claims must be submitted within the designated claim window communicated by ShipSmart and must include supporting documentation. ShipSmart may require delivery confirmations, photos, invoices, proof of value, inspection reports, and any other information necessary to verify the claim. ShipSmart reserves sole discretion to approve or deny claims based on verification standards, including warehouse records, timestamps, and third-party reports.
Certain items, including but not limited to fragile goods, glass, mirrors, electronics, and high-value items, may be excluded from ShipSmart Protect or may be subject to additional restrictions, handling requirements, or documentation requirements.
Users shipping high-value goods are strongly encouraged to obtain third-party insurance independently.
ShipSmart Protect does not cover normal wear and tear, cosmetic packaging damage, manufacturer defects, inadequate retailer packaging, internal shifting of contents due to insufficient protective packaging, damage arising from customs inspections, or damage arising from carrier handling after transfer. Where claim eligibility is unclear, ShipSmart may request additional documentation or may rely on its internal records to determine claim outcomes.
Damage and Missing Item Claim Requirements
All claims for damaged items or missing contents must be submitted within twenty-four (24) hours of delivery or pickup.
To be eligible for review, users must provide:
- Clear photographs of the exterior ShipSmart box at the time of receipt
- Clear photographs of the interior contents of the shipment
- Clear images of any damaged or missing items
- Any additional documentation requested by ShipSmart for verification
Failure to submit a claim within the required twenty-four (24) hour window will result in automatic denial of the claim.
ShipSmart and its agents conduct visual inspections of shipments at key stages of the logistics process, including upon receipt and prior to delivery where applicable.
Where no damage is recorded at the time of inspection or delivery, ShipSmart reserves the right to deny claims submitted after delivery where the condition of the shipment cannot be independently verified.
Users acknowledge that once a shipment has been delivered or collected, ShipSmart cannot control or verify handling conditions.
ShipSmart shall not be liable for damage or loss reported outside of the required claim window, as such conditions may arise from factors beyond ShipSmart’s control after delivery.
ShipSmart requires strict adherence to documentation and evidence standards for all claims, disputes, and investigations.
ShipSmart reserves the right to deny any claim where:
- Required documentation is not provided
- Submitted evidence is incomplete, inconsistent, or unverifiable
- Submission timelines are not met
- Shipment data does not match internal records or carrier records
ShipSmart’s internal records, warehouse logs, intake scans, and agent reports shall be considered authoritative in determining shipment status and claim outcomes.
Users are responsible for ensuring compliance with all ShipSmart procedures, including labeling, documentation submission, and claim timelines.
Failure to follow required procedures may result in:
- Inability to locate packages
- Denial of claims
- Delays in processing
- Loss of eligibility for investigation or reimbursement
Prohibited Conduct and Account Suspension
ShipSmart is committed to maintaining a secure and compliant shipping platform. Users are strictly prohibited from engaging in fraudulent transactions, misrepresenting shipment contents or values, utilizing the platform for illegal activities, or attempting to circumvent fees, policies, or shipping restrictions.
ShipSmart may refuse service, suspend service, or terminate accounts for violations of these Terms. ShipSmart reserves the right to investigate suspicious activity and take appropriate legal action, including reporting violations to relevant authorities where required or appropriate.
Abusive behavior toward ShipSmart employees, repeated disputes of valid charges, threats, harassment, discrimination, and attempts to manipulate systems may result in account restrictions or termination. ShipSmart may also restrict services if it determines that a user presents a compliance risk, a fraud risk, or an operational risk.
Hazardous, Restricted, and Special-Handling Items
Users acknowledge that certain items require special handling, additional documentation, separation, or may be prohibited entirely under carrier rules, aviation regulations, maritime regulations, or destination country laws. These items include, but are not limited to, lithium batteries, aerosols, flammable materials, pressurized containers, chemicals, perfumes, liquids, fuel-related products, and any goods classified as hazardous or restricted.
ShipSmart reserves the right, at its sole discretion, to refuse, separate, repackage, delay, rebook, or remove any item deemed hazardous, restricted, improperly declared, or non-compliant with shipping regulations. Additional handling, storage, documentation, or rebooking fees may apply. If an item cannot be safely or legally shipped, ShipSmart may dispose of or return the item at the user’s expense without liability.
Users are solely responsible for accurately declaring shipment contents and complying with all applicable regulations. ShipSmart is not liable for delays, seizures, penalties, or losses arising from undeclared or improperly declared items. Users further acknowledge that misdeclaration can result in severe penalties, including governmental fines or confiscation, and users agree to indemnify ShipSmart for costs arising from user misdeclaration.
Compliance with Laws and Customs Regulations
Users are solely responsible for ensuring that all shipments comply with applicable U.S. export laws, the import laws of the destination country, and the policies of carriers and third-party providers. ShipSmart does not assume responsibility for packages that do not meet legal shipping requirements or customs regulations.
Users must ensure that all necessary documentation, duties, taxes, and tariffs are paid to the appropriate authorities. Customs clearance is a mandatory part of ShipSmart’s service for applicable shipments and is a separate charge from freight. If a package is held, delayed, or confiscated by customs due to missing or incorrect documentation, misdeclaration, or prohibited items, the user bears full responsibility for resolving the issue. ShipSmart will not issue refunds or be liable for additional fees or losses incurred as a result of customs enforcement actions.
ShipSmart prohibits the shipment of goods in violation of U.S. export control laws, including those restricted by the U.S. Department of Commerce, Department of Homeland Security, or other regulatory agencies. If ShipSmart discovers that a shipment violates regulations, ShipSmart reserves the right to refuse service, report violations to relevant authorities, and take appropriate legal action.
Package Inspection and Security
ShipSmart reserves the right to inspect packages upon arrival at its warehouse to ensure compliance with policies and legal requirements. Inspection may include opening and examining shipments for prohibited, restricted, or hazardous items. By using the Services, users consent to such inspections.
ShipSmart does not assume liability for damages that may occur during inspection, provided reasonable care has been taken. If an item is unsafe, illegal, or restricted, ShipSmart may refuse processing, notify authorities, return the package to the sender at the user’s expense, or dispose of the item where required for safety or compliance.
ShipSmart may conduct security screenings on accounts exhibiting suspicious activity, including sudden changes in shipment frequency, multiple failed payments, inconsistent identity information, or shipments flagged by authorities. Where an account is flagged, ShipSmart may place holds, request additional documentation, suspend service, or terminate service without notice.
Normal Wear, Packaging Condition, and Excluded Damage
Users acknowledge that international shipping, consolidation, handling, customs inspections, and transportation may result in normal wear to packaging, including dents, scuffs, compression, torn outer boxes, or cosmetic imperfections. Such conditions do not constitute damage.
ShipSmart is not responsible for cosmetic wear, manufacturer packaging defects, inadequate original packaging, internal shifting of contents, or damage resulting from insufficient protective packing by the shipper or retailer. Fragile items shipped without appropriate protective packaging are shipped at the user’s risk. Where a user requests consolidation that removes manufacturer packaging, the user accepts the increased risk associated with reduced packaging protection, unless the user elects additional protective packing options offered by ShipSmart (if any).
Package Abandonment and Disposal Policy
ShipSmart is not a long-term storage facility. If a package or shipment remains unclaimed beyond the allowed storage period and the user fails to pay applicable storage fees or other fees owed, ShipSmart reserves the right to take appropriate action, including disposing of the package.
Unclaimed packages may be subject to repeated notifications before disposal. However, users acknowledge that ShipSmart may dispose of items without further notice where storage limits are exceeded, fees remain unpaid, or operational constraints require removal.
ShipSmart may dispose of abandoned packages through resale or liquidation to recover unpaid fees, recycling or donation where appropriate, or destruction where items are unusable, hazardous, perishable, or unsafe. Users waive all claims to packages that are abandoned due to unpaid fees or storage violations. ShipSmart is not responsible for losses resulting from package disposal.
Third-Party Services and Integrations
ShipSmart may integrate with third-party services, including payment processors, carriers, freight forwarders, tracking providers, customs processing systems, and on-island agents, to enhance the shipping experience. While ShipSmart carefully selects partners, ShipSmart is not responsible for the performance, reliability, pricing changes, delays, or policies of third-party providers.
Users acknowledge they may be required to agree to additional terms and conditions imposed by third parties. ShipSmart is not liable for disruptions, errors, losses, or delays caused by third-party integrations or third-party system outages, nor can ShipSmart guarantee that third-party services will always be available.
Users who experience issues with third-party providers may need to contact the relevant provider directly. ShipSmart does not offer refunds or compensation for problems arising from third-party service failures, except where ShipSmart determines a refund is warranted due to a ShipSmart error.
Data Protection and Privacy Commitments
ShipSmart values user privacy and is committed to protecting personal data. ShipSmart collects, stores, and processes information in accordance with its Privacy Policy, which users must review and accept as part of these Terms.
User data may be used to improve services, process shipments, provide support, manage compliance, prevent fraud, and comply with legal obligations. ShipSmart does not sell user information to third parties, but may share necessary details with payment processors, carriers, agents, customs authorities, or regulatory agencies as required to provide services or comply with law.
ShipSmart may request access to a user's device location solely to assist with populating delivery address details during the checkout process. Location access is optional, one-time, and used only at the moment the user elects to use their current location as a delivery address. ShipSmart does not track, monitor, or record a user's location in real time, does not store location data beyond the address entered at setup, and does not use location information for any purpose other than delivery address fulfillment. Users may manually enter their delivery address at any time without enabling location access.
Users have the right to request access to their data, correct inaccuracies, or delete accounts, subject to record retention requirements for legal, compliance, or security purposes. ShipSmart implements industry-standard security measures but cannot guarantee absolute protection against cyber threats. Users are encouraged to use strong passwords and account security practices.
ShipSmart does not sell or share user data with advertising platforms or data brokers, and does not track users for marketing purposes.
Service Limitations and Liability
ShipSmart provides package receiving, consolidation, shipment preparation, shipping coordination, and related logistics services but does not guarantee delivery timelines. Delivery timelines are affected by third-party carrier schedules, port operations, customs processes, governmental controls, weather conditions, and other circumstances beyond ShipSmart’s control.
Once a shipment has been transferred to a carrier, port operator, customs authority, or on-island agent, ShipSmart is generally no longer responsible for delays, losses, or damages arising from third-party handling, except as may be covered under ShipSmart Protect while a shipment is verifiably within ShipSmart’s possession and control.
To the extent permitted by law, ShipSmart’s liability is strictly limited. Where ShipSmart Protect applies and a claim is approved, ShipSmart’s maximum liability is limited to the applicable ShipSmart Protect coverage amount or payout, subject to program terms. Where ShipSmart Protect does not apply, or where a claim is denied, ShipSmart’s maximum liability for any lost or damaged package before forwarding is limited to fifty dollars ($100) or the total consolidation fee paid for that shipment, whichever is lower, unless otherwise required by law.
ShipSmart shall not be liable for any indirect, incidental, special, or consequential damages, including lost business revenue, lost profits, customs delays, additional duties, port charges, storage charges assessed by third parties, carrier fees, penalties, or governmental fees. Users assume full responsibility for ensuring shipments comply with applicable laws and requirements and for obtaining third-party insurance for high-value goods.
ShipSmart’s responsibility for any package begins only when the package has been:
- Delivered to the correct ShipSmart address
- Properly labeled in accordance with ShipSmart’s required format
- Successfully received and logged into the ShipSmart system
Packages that do not meet all three conditions are not considered to be in ShipSmart’s custody or control, regardless of carrier delivery status.
Service Availability and Downtime
ShipSmart strives to provide continuous, uninterrupted service, but does not guarantee that the platform, app, or website will always be available. Scheduled maintenance, updates, server downtime, and unforeseen technical issues may temporarily disrupt access to services.
ShipSmart is not liable for losses, delays, or damages resulting from system outages, maintenance, external disruptions, internet service failures, or third-party platform failures. Users acknowledge that technical issues may occasionally prevent access to accounts or delay package processing.
Where downtime is extended, ShipSmart may make reasonable efforts to notify users and provide estimated resolution timeframes, but users acknowledge that services may be unavailable without prior notice.
Force Majeure
ShipSmart is not responsible for delays, disruptions, or inability to provide services due to circumstances beyond its reasonable control, including natural disasters such as hurricanes, earthquakes, floods, governmental restrictions, strikes, supply chain disruptions, war, terrorism, cyberattacks, pandemics, port closures, or similar events.
In the event of a force majeure occurrence, ShipSmart may suspend or modify services without liability. Users will not be entitled to refunds or damages for delays resulting from such events. ShipSmart may provide updates regarding service adjustments, but users acknowledge disruptions may persist until conditions stabilize.
Fraud Prevention and Account Security
ShipSmart monitors accounts for suspicious behavior, including unauthorized access attempts, multiple failed payments, unusual shipment patterns, inconsistent identity information, or other risk indicators. If fraudulent activity is suspected, ShipSmart may suspend the account and request verification before reinstatement.
Users agree to cooperate with ShipSmart’s fraud prevention efforts and to provide requested documentation, including proof of identity or purchase receipts. Users are responsible for safeguarding credentials and are not entitled to reimbursement for losses arising from compromised accounts due to negligence.
User-Generated Content and Reviews
ShipSmart may allow users to submit reviews, testimonials, or feedback. By submitting content, users grant ShipSmart a non-exclusive, royalty-free, perpetual license to use, modify, distribute, and display such submissions for marketing and promotional purposes.
ShipSmart reserves the right to moderate, edit, or remove content that is defamatory, misleading, offensive, unlawful, or in violation of policies. Users may not post false reviews, impersonate others, or manipulate ratings.
ShipSmart is not responsible for opinions expressed by users in publicly submitted reviews. However, ShipSmart may remove reviews containing false claims, sensitive personal data, or legally questionable content.
Operational Adjustments and Service Evolution
ShipSmart reserves the right to modify operational procedures, cutoff times, processing schedules, storage limits, and service workflows as the platform evolves. Such changes are implemented to improve efficiency, compliance, and service reliability across operating regions.
Users acknowledge that operational updates may occur without prior notice and agree that continued use of ShipSmart constitutes acceptance of such changes. Where changes materially impact service processes, ShipSmart may provide updates through the app, website, or communications, but users remain responsible for reviewing current policies.
Evidence, Verification, and Documentation
In the event of disputes, claims, investigations, or support inquiries, ShipSmart may request supporting documentation, including photographs, invoices, receipts, delivery confirmations, inspection reports, identity verification, or other records. Failure to provide requested documentation within the specified timeframe may result in denial of claims, closure of inquiries, or inability to locate packages.
ShipSmart reserves the right to rely on warehouse records, carrier documentation, timestamps, intake scans, inspection logs, payment records, and third-party reports when determining liability, claim eligibility, package status, or service outcomes. Users acknowledge that ShipSmart’s internal records may be used as primary evidence in evaluating disputes and claims.
ShipSmart is not obligated to conduct partial investigations.
All required documentation must be submitted in full before any investigation is initiated. Incomplete submissions may result in delays or denial without further follow-up.
Disputes, Governing Law, and Arbitration
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved exclusively in Miami, Florida, subject to the arbitration provisions below.
Users agree to resolve disputes through binding arbitration, except for matters requiring injunctive relief. Arbitration will be conducted in accordance with the rules of the American Arbitration Association. Users waive the right to participate in class-action lawsuits against ShipSmart, and all claims must be brought on an individual basis.
Nothing in these Terms prevents ShipSmart from seeking injunctive relief, protective orders, or other equitable remedies to prevent fraud, misuse, unauthorized access, or violation of intellectual property rights.
Indemnification
Users agree to indemnify and hold ShipSmart harmless against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from fraudulent transactions, customs violations, misdeclaration of goods, shipment of prohibited items, unpaid shipping fees, misuse of services, or violation of these Terms.
Users also agree to indemnify ShipSmart for third-party claims arising from the user’s shipped contents, including claims that goods were counterfeit, illegal, unsafe, hazardous, or in violation of export/import laws.
Data Privacy and Intellectual Property
ShipSmart collects and processes user data in accordance with its Privacy Policy. By using the platform, users consent to ShipSmart’s data processing practices, including tracking package status and service usage.
All ShipSmart intellectual property, including software, website design, trademarks, branding, processes, and materials, remains the exclusive property of ShipSmart. Unauthorized copying, scraping, reverse engineering, modification, or misuse of ShipSmart’s technology or services is strictly prohibited.
Modifications to the Terms
ShipSmart reserves the right to update these Terms of Service at any time. Modifications take effect immediately upon posting to the ShipSmart website or app, unless otherwise stated. Users are responsible for reviewing Terms periodically to stay informed of changes.
ShipSmart may notify users of significant updates through email or in-app notifications where required by law, but continued use of ShipSmart constitutes acceptance of the revised Terms. If a user does not agree with modifications, the user must cease using the Services immediately.
Account Deletion and Data Removal
Users may delete their account at any time directly within the ShipSmart app. Once a user completes the deletion action, the account and all associated data—including profile details, addresses, packages, shipment history, and stored information—are permanently and irreversibly removed from ShipSmart’s systems, except to the extent ShipSmart must retain certain records for legal, compliance, tax, security, dispute, or enforcement purposes.
Upon account deletion, ShipSmart may retain certain shipment-level information, including shipment records, transaction data, customs documentation, and audit logs, for administrative, auditing, and compliance purposes. This retained information is not linked to or associated with the deleted user's personal account or identity and is maintained solely for internal operational and recordkeeping purposes.
Account deletion is intended to be immediate and cannot be undone. By proceeding with deletion, users acknowledge that data will be permanently lost and no longer accessible.
Account Termination and Violations
ShipSmart reserves the right to terminate or suspend any account found in violation of these Terms, including fraudulent activity, misuse of services, abusive behavior, shipment of prohibited items, or failure to pay outstanding balances. Upon termination, ShipSmart may retain unpaid fees, place holds on shipments, refuse release of packages, and take legal action if necessary to recover amounts owed.
ShipSmart may also restrict a user’s access to certain features or require additional verification before allowing continued use.
Non-Waiver of Rights
ShipSmart’s failure to enforce any provision of these Terms does not constitute a waiver of that right. Any waiver must be explicitly provided in writing and applies only to the specific circumstance identified.
Users agree that ShipSmart may enforce Terms at its sole discretion and that failure to act immediately on a breach does not prevent future enforcement. Users who continue to violate Terms may be subject to legal action, account suspension, or termination.
Severability and Survival of Terms
If any provision of these Terms is found invalid or unenforceable by a court of law, the remaining provisions continue in full force and effect. The invalid portion shall be revised only to the extent necessary to comply with legal requirements while maintaining the intent of the original provision.
Certain obligations survive termination of an account, including payment responsibilities, indemnification, dispute resolution, data protection terms, enforcement rights, and limitations of liability.
Final Provisions and Contact Information
These Terms constitute the entire agreement between ShipSmart and the user regarding use of the Services. If any provision is found invalid or unenforceable, the remaining provisions remain effective.
ShipSmart’s failure to enforce any right or provision shall not be considered a waiver. Users may not transfer or assign rights under these Terms without prior written consent from ShipSmart.
For further inquiries, users may contact ShipSmart at:
ShipSmart Logistics Inc.
1150 NW 72nd AVE, TOWER 1 STE 455 #19707
Miami, FL 33126
Email: team@goshipsmart.com