Terms of service.

Last updated 9/5/2024

1. Introduction
This website (the “Site”) is owned by Tech Retrieval, LLC, doing business as ShiplyTech.com (“We,” “Us,” “Shiply Tech,” or “Tech Retrieval, LLC”). We provide our customers (referred to as “You,” “Your,” or “Customer”) with access to the Site, our online store, and our device return service (collectively, the “Services”) subject to the following terms and conditions.

2. Legal Agreement
This is a binding contract. BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX WHEN SETTING UP AN ACCOUNT, ACCESSING THE SITE, OR UTILIZING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL EXHIBITS, SCHEDULES, ORDER FORMS, AND INCORPORATED POLICIES (THE “TERMS”). OUR SERVICES ARE NOT AVAILABLE TO INDIVIDUALS WHO ARE LEGALLY INELIGIBLE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE NECESSARY POWER AND AUTHORITY TO BIND THAT ENTITY.

3. Modification of Terms
We reserve the right to modify these Terms, the Site, and our Services at any time. We will update the "Last Updated" date above each time we make changes. You are responsible for reviewing these Terms periodically. Continued use of the Site and Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the updates, you must discontinue use of the Site and Services.

4. Orders
If you place an order for Services through an online registration page or an order form (each, an “Order”), additional terms and conditions may apply. These terms will be incorporated into these Terms in relation to your use of the specific Services. All Services are subject to availability, and we reserve the right to impose quantity limits, reject all or part of any Order, or discontinue Services without prior notice, even if an Order has been placed.

5. Privacy Policy
Use of the Services and this Site is subject to our Privacy Policy, which is available at [https://shiplytech.com/privacy]. This Privacy Policy, along with any other policies referenced on our Site, is incorporated into these Terms by reference. If your use of the Services involves processing personally identifiable information (“PII” or “Personal Information”), we will do so in compliance with our Privacy Policy and all applicable data protection laws. You also understand and agree that we may contact you with information relevant to your use of the Services, even if you have opted out of receiving marketing communications.

6. Service Descriptions and Options

6.1 Device Return Services
In our increasingly remote work environment, we provide Services to help you retrieve laptops, monitors, and other devices (collectively referred to as “device(s)”) from your employees, former employees, and other personnel (collectively, “employees”). Our Services enable you to manage and track the device return process from the point of your Order until the device reaches your designated return address.

We offer insurance through a third-party partner, which you may choose as an additional option when placing an Order. As of the Effective Date, our Services are available for employees in the United States (including all fifty states and the District of Columbia) and parts of Canada (excluding Yukon, Northwest Territories, and Nunavut). We may expand the scope of Services in the future to include additional devices and regions.

6.2 Service Options
We offer two types of Service options:

  • Single Use: A one-time use of the Services, prepaid by a payment card (or other approved payment method) through the Site.
    Our single-use Services typically include:

    • A padded shipping box sent to your employee;

    • A prepaid, self-stick return label (no printer required);

    • Packing/shipping instructions, tape, and a lithium battery sticker (if applicable);

    • Email communications with your employee regarding the status of the return;

    • Tracking updates sent to your company email address;

    • Support for any issues that arise during the return process.

We reserve the right to modify or discontinue any of the Services (whether Retail, Enterprise, or Subscription) or specific features at any time without prior notice.

7. Our Obligations

7.1 Availability and Support
We will make commercially reasonable efforts to provide the Site and Services on a 24x7x365 basis. However, we do not guarantee service levels and will not issue service credits for any downtime or unavailability. If you have a technical support or service-related question, you can contact our Support team at help@shiplytech.com. We aim to respond within 72 hours during standard business hours (9 am to 5 pm Pacific Time). If the Services or Site become unavailable, your sole remedy is to discontinue use of the Services.

7.2 Responsibility for Your Data
We will implement reasonable physical and technical safeguards to protect your data (“Content”) from unauthorized access or disclosure, in line with industry standards. We will notify you if we become aware of any unauthorized access to your Content. We will not access, view, or process your Content except (a) as set forth in these Terms and our Privacy Policy, (b) as authorized by you, (c) as required to perform our obligations, or (d) as required by law.

7.3 Notices and Alerts
We provide various notices and alerts related to the delivery status of the Services. If you have provided us with your employee’s email address, we will send reminder notices if the employee has not returned their device. You will also receive notification each time a reminder is sent. Once we have initiated the delivery of the device return box to the employee’s designated address, we are not responsible for the employee’s fulfillment of the return or any issues related to the box's delivery.

Your Obligations and Responsibilities

7.1 Use of Services
You may only use the Services in accordance with these Terms. You are solely responsible for your and your users’ use of the Services and must ensure compliance with all applicable laws, including but not limited to employment, intellectual property, and privacy laws. The use of the Services is void where prohibited by law.

7.2 Registration Information
To access certain Services, you may be required to provide accurate and up-to-date information about yourself, your company, and/or your employees or personnel. You agree to promptly update any such information as necessary. You will also be asked to choose a username and password, for which you are entirely responsible. You agree to keep your credentials secure and not disclose them to any third party.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE AND SERVICES BY ANYONE USING THE PASSWORD OR IDENTIFICATION ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS OR USE IS AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSACTIONS INCURRED THROUGH SUCH ACCESS.

7.3 Your Content
You are solely responsible for the content, data, and Personal Information (“Content”) that you and your users transmit, upload, or display through the Services. You agree to comply with all applicable laws regarding the Content, including obtaining necessary consents to use third-party data. You warrant that you have the legal right to transmit the Content to us and that such transmission does not infringe the rights of any third party. You also agree to grant us the necessary rights and licenses to access, process, and store the Content as required to provide the Services, including for our sub-processors and partners.

We disclaim any liability for the Content transmitted or viewed while using the Services, including any errors, omissions, or damages arising from it. We reserve the right to delete any Content that violates these Terms or any applicable law without prior notice.

7.4 Prohibited Use
You agree not to use, or allow any user to use, the Services to:

  • (i) Modify, disassemble, decompile, or reverse-engineer the Services;

  • (ii) Use the Services in a way that disrupts our systems or networks;

  • (iii) Engage in illegal, fraudulent, or misleading activities;

  • (iv) Infringe upon third-party intellectual property rights;

  • (v) Build or benchmark a competing service or copy features of the Services;

  • (vi) Transmit obscene, libelous, or harassing material;

  • (vii) Upload harmful software intended to damage or disrupt the Services;

  • (viii) Overload or impair the performance of the Services;

  • (ix) Violate any applicable laws or our policies.

7.5 Limitations on Use
You may not reproduce, resell, or distribute the Services or any data generated by the Services without our prior written consent. Additionally, you may not enable third parties to use your purchased Services or generate income from the Services without our explicit agreement.

7.6 Responsibility for End Users
You are responsible for ensuring that all users who access the Services through your account comply with these Terms. We are not liable for any user violations. If you become aware of any misuse, you must notify us at help@shiplytech.com. We reserve the right to investigate and take action, including issuing warnings, removing Content, or terminating access to the Services. Under no circumstances will we be responsible for any damages arising from user-generated content or data.

8. Suspension Rights

We are not obligated to monitor user activity on the Site but reserve the right to do so. We may deny access to the Site or suspend Services at any time if you violate these Terms, fail to meet your payment obligations, or engage in behavior that risks harm to other customers or the integrity of the Services. We will make reasonable efforts to notify you in advance of any suspension. Access will be restored once the issues are resolved.

9. Electronic Communication

By using this Site, you agree to receive communications from us electronically. We will communicate with you via email or by posting notices on the Site. You agree that electronic communication satisfies any legal requirement that such communications be in writing.

10. Ownership

Except as expressly stated in these Terms, neither party grants the other any rights or licenses. You retain all rights to your Content, while we retain all rights to the Services, including the underlying technology and any modifications or improvements made. We may collect and analyze data related to your use of the Services and use it for legitimate business purposes.

You may not use our trademarks, logos, or other proprietary materials without our prior written consent. This includes using framing techniques or hidden text that utilizes our intellectual property.

11. Purchases from Us

11.1 Charges and Cancellation
You agree that we may charge your credit card or other designated payment method for all amounts due, including any prepaid device returns, taxes, and service fees. We may adjust pricing at any time but will notify you of any changes that affect prepaid Services. If we are unable to collect payment, you are responsible for all collection-related costs. If your account is overdue by 10 days or more, we may suspend your access to the Services.

You may cancel your account at any time, and any remaining prepaid Services will continue until consumed. Refunds for unused prepaid balances are at our sole discretion, except for non-refundable monthly and annual subscriptions.

11.2 Taxes
You are responsible for all applicable taxes, including sales, value-added, or withholding taxes, except for our income taxes.

11.3 Shipping and Handling
When we ship to you or a designated recipient, you agree to pay the associated shipping and handling charges. These charges are subject to change without prior notice.

11.4 Payments
Only valid payment methods are accepted. By placing an order, you warrant that you are authorized to use the selected payment method. If the payment method is invalid, your order may be suspended or canceled.

11.5 Returns and Refunds
All returns and refunds are governed by our “Return and Refund Policy,” available at [https://shiplytech.com/refunds].

11.6 Order Processing Disclaimer
While we strive for accuracy, we do not guarantee that product descriptions, pricing, or other details will be error-free. If an error occurs, we reserve the right to correct it or cancel your order and issue a refund.

WE DISCLAIM ANY LIABILITY FOR ERRORS INVOLVING PAYMENT PROCESSING. PAYMENTS ARE HANDLED BY A THIRD-PARTY PROCESSOR, AND WE WILL ASSIST IN RESOLVING ANY CLAIMS WITH THE PROCESSOR, BUT WE DO NOT ACCESS OR STORE PAYMENT DATA.

12. Insurance and Assumption of the Risk

12.1 Insurance
We offer an insurance option that you can select when placing an Order for our Services. By opting for the insurance, you expressly agree to and acknowledge the EasyPost Shipping Insurance Conditions (or the terms and conditions of any other third-party insurer we offer), and understand that any claims covered by your insurance policy will be filed directly with EasyPost (or the third-party provider) under their guidelines. Our involvement is limited to facilitating the purchase of the insurance on your behalf; we are not responsible for providing insurance coverage or handling claims. If you need to file a claim, we will provide instructions and any supporting documentation required by EasyPost (or the third-party provider) that you cannot reasonably obtain without our assistance.

12.2 Verification
We will require signature confirmation upon delivery for all insured device return packages. You acknowledge that for damage claims, EasyPost requires one or more photos of the insured packaged items (such as a laptop or monitor) taken immediately prior to shipping. You are responsible for obtaining and providing these photos to EasyPost if you choose to file a claim. We are not responsible for handling insurance claims or for EasyPost’s determination on whether to pay any particular claim.

12.3 Insurance Indemnity
To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless, including our officers, directors, agents, partners, employees, and contractors, from any claims, damages, costs, liabilities, and expenses related to your purchase of insurance coverage, including any outcomes arising from claims with EasyPost or other third parties.

12.4 Tracking Coverage
In our Enterprise Services Portal, we display insurance coverage details per Order. For Retail Services Orders, your order confirmation email will reflect any insurance purchased.

12.5 Assumption of the Risk
Once we ship the return box to the designated recipient, you assume the risk of loss or damage to the items contained within the box. We disclaim liability for delays, damage, or loss caused by the shipping carrier, including the loss of empty or filled device return boxes. We also disclaim responsibility for any acts or omissions of your employee, including the failure to return the device return box or improper packing, which may result in damage or loss.

YOU AGREE TO ASSUME ALL RISK OF LOSS OF THE ITEMS CONTAINED IN THE DEVICE RETURN BOX. WE WILL NOT ISSUE ANY REFUNDS FOR DAMAGE TO YOUR PROPERTY, UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES THAT WE ACTED WITH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR SERVICES.

13. Links to Third-Party Sites

This Site may contain links to third-party websites. We are not responsible for the content, products, services, or policies on such websites. Your use of third-party websites, and any products or services obtained through them, is governed by separate terms and conditions. We are only responsible for this Site, these Terms, and our Privacy Policy.

14. Limited Warranty; Disclaimers

14.1 Limited Warranty
We warrant that our Services will be performed materially as described on this Site and in Section 5 (Service Descriptions). This constitutes the “Limited Warranty.”

14.2 Warranty Remedy
If we breach the Limited Warranty and you submit a detailed warranty claim within 30 days of our performance of the relevant Service, we will use reasonable efforts to correct the non-conformity. If we are unable to correct the non-conformity within 60 days of your claim, either party may terminate the affected Order. In that case, we will refund any pre-paid, unused fees for the terminated portion of the Services. These remedies are your exclusive remedies for breach of the Limited Warranty. The Limited Warranty does not cover:

  • (a) Misuse or unauthorized modification of device return boxes;

  • (b) Issues caused by third-party services or systems; or

  • (c) Acts or omissions by employees, insurance providers, payment processors, or other third-party suppliers.

14.3 Disclaimers; No Additional Warranties
EXCEPT AS PROVIDED IN SECTION 14.1, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS," AND SHIPLYTECH, ITS AFFILIATES, SUPPLIERS, AND PARTNERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE. USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING LAPTOPS, CHARGERS, AND MONITORS, ARISING FROM USE OF THE SERVICES.

15. Termination

You may terminate these Terms at any time by closing your account and discontinuing use of the Site and Services, with written notice to us. We reserve the right, at our sole discretion and without prior notice, to terminate your access to the Site or Services if you violate these Terms.

16. General Indemnification

You agree to indemnify, defend, and hold harmless ShiplyTech, its affiliates, officers, directors, employees, contractors, and suppliers from any claims, liabilities, damages, or costs (including attorney’s fees) arising out of:

  • (i) Your use of the Services;

  • (ii) Your breach of these Terms;

  • (iii) Any intellectual property or other legal violations by you or any user of your account.

We will promptly notify you of any such claims and cooperate with you in your defense.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIPLYTECH AND ITS AFFILIATES, SUPPLIERS, OR PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF BUSINESS, PROFITS, OR DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SHIPLYTECH’S AGGREGATE LIABILITY FOR ANY CLAIMS EXCEED THE LESSER OF:
(A) THE AMOUNT PAID BY YOU FOR THE SERVICES RELATED TO THE CLAIM; OR
(B) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

18. Eligibility

You affirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are acting on behalf of a company, you warrant that you have the authority to bind that entity to these Terms.

19. Remedies

In the event of any breach of these Terms, we will be entitled to seek specific performance or injunctive relief, in addition to any damages recoverable by law, without limiting any other remedies available.s

20. Modifications to the Site

We reserve the right to modify or discontinue this Site or any features at any time, without prior notice.