Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "user," or "Customer"), and We Ship CRMs LLC, a Delaware registered limited liability company doing business as ShipCRM ("the Company," "we," "us," or "our").

These Terms govern your access to and use of the website located at https://shipcrm.ai, as well as any other media form, media channel, mobile website, or software application related, linked, or otherwise connected thereto, including our cloud-based Customer Relationship Management (CRM) platform (collectively, the "Services").

Please read these Terms carefully. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

1. Eligibility and Account Registration

1.1 Business Purpose and Eligibility

The Services are intended strictly for commercial, business-to-business (B2B) use. By creating an account, you represent and warrant that you are at least 18 years of age and possess the legal authority to bind your organization or entity to these Terms.

1.2 Account Security

To access our CRM platform, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the confidentiality of your account login credentials (username and password).
• Promptly notify us at support@shipcrm.ai if you suspect or discover any unauthorized use of your account or security breach.

You are fully responsible for all activities, data uploads, and automated communications that occur under your account.

Single User per Credential: Account login credentials are personal to a single authorized user. A single username and password may not be shared with, or used by, more than one person. You are responsible for all activity under your credentials.

2. Subscriptions, Fees, and Payments

2.1 Subscription Plans

We offer our CRM Services on a tiered subscription basis (e.g., monthly or annual terms). Details regarding features, limits, and pricing are specified on our website or via a custom execution order.

2.2 Billing and Automatic Renewal

By subscribing to a paid plan, you authorize us (or our third-party payment processor) to charge your designated payment method for the applicable subscription fees, plus any applicable taxes.

Important Billing Term: Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel your subscription through your account dashboard or by contacting support before your renewal date.

2.3 Fee Changes

We reserve the right to adjust our subscription rates. We will provide at least 30 days advance notice via email before any price adjustment takes effect for active subscriptions. Your continued use of the Services after the price modification constitutes agreement to the new pricing.

2.4 Cancellation and Refunds

You may cancel your subscription at any time. All fees paid are non-refundable, and we do not provide prorated refunds or credits for any partial subscription periods or unused CRM quotas. Upon cancellation, you will retain access to the platform through the end of your paid billing cycle.

3. Customer Data and Content License

3.1 Ownership of Customer Data

As between you and the Company, you retain all ownership, intellectual property rights, and title to any data, leads, text, files, and contact lists that you upload, transmit, or store within your ShipCRM workspace ("Customer Data").

3.2 License Granted to the Company

You grant us a limited, worldwide, non-exclusive, royalty-free, and revocable license to host, copy, transmit, display, and process your Customer Data solely as necessary to provide, maintain, secure, and support the Services. We will not disclose your Customer Data to third parties except as permitted by these Terms and our Data Processing Addendum or on your documented instructions.

3.3 Data Compliance Responsibilities

Because a CRM processes information belonging to third parties (your leads and clients), you represent and warrant that you have obtained all necessary consents, opt-ins, and lawful bases required by global data privacy laws (including GDPR, CCPA, and DPDPA) to import and process such data within ShipCRM.

4. Acceptable Use and Restrictions

You agree to use our platform strictly for legitimate business management purposes. You are expressly prohibited from:

• Spamming and Unsolicited Messaging: Using the CRM to dispatch unsolicited bulk emails, automated SMS messages, or telemarketing campaigns that violate the CAN-SPAM Act, the TCPA, or regional anti-spam laws.
• System Disruption: Attempting to bypass, disable, scan, or breach the security infrastructure, API limits, or authentication systems of ShipCRM.
• Malicious Software: Uploading files containing viruses, Trojan horses, malware, or corrupted data designed to harm the platform or other users.
• Reverse Engineering: Copying, modifying, creating derivative works of, decompiling, or extracting the source code of our platform or underlying software.
• Illegal Activities: Using the platform to store or process illicit, defamatory, fraudulent, or infringing materials.

Violation of this section may result in the immediate suspension or permanent termination of your account without notice or refund.

5. Proprietary and Intellectual Property Rights

Except for your Customer Data, the Services and all underlying materials — including software, source code, database structures, algorithms, user interface designs, website layouts, graphics, documentation, and the ShipCRM and We Ship CRMs LLC trademarks, logos, and service marks — are owned by or licensed to us. They are protected under United States copyright, trademark, and trade secret laws. No license or ownership right is transferred to you through these Terms.

6. Term and Termination

6.1 Termination for Convenience

You may terminate these Terms at any time by closing your account and ceasing all use of our platform.

6.2 Termination for Cause

We reserve the right to suspend or terminate your access to the platform at our sole discretion, without liability, if you materially breach these Terms, fail to pay outstanding invoices, or engage in activity that threatens the technical integrity or legal standing of our network.

6.3 Post-Termination Data Retrieval

Upon termination or expiration of your subscription, your right to access the CRM platform immediately ceases.

Data Purge Policy: We will preserve your Customer Data for a minimum grace period of 30 days following account termination to allow you to export your data. After 30 days, we reserve the right to permanently delete all Customer Data from our active production systems.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE SHIP CRMS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, SECURE, UNINTERRUPTED, ACCURATE, OR THAT DATA LOSS WILL NEVER OCCUR due to structural internet dependencies or third-party server errors.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE SHIP CRMS LLC, ITS MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

The foregoing limitations and exclusions do not apply to your payment obligations, your indemnification obligations under Section 9, or your breach of Section 4 (Acceptable Use) or Section 5 (Intellectual Property Rights).

9. Indemnification

You agree to defend, indemnify, and hold harmless We Ship CRMs LLC, its affiliates, managers, officers, and employees from and against any third-party claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your breach of these Terms or your violation of applicable laws.
• Infringement claims caused by your uploaded Customer Data.
• Claims resulting from prohibited marketing communications (e.g., spam, TCPA violations) sent by you via the platform.

10. Governing Law and Jurisdiction

These Terms, along with any disputes or claims arising out of or related to them, shall be governed by, construed, and enforced exclusively in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located within the State of Delaware. You and the Company hereby consent to the personal jurisdiction and venue of such courts.

11. Amendments to these Terms

We reserve the right to modify or replace these Terms at any time. If an amendment is material, we will provide at least 30 days' notice prior to the changes taking effect by displaying an update notice on our website or sending an email to your registered account email. Your continued use of the CRM following the deployment of modifications constitutes your binding acceptance of the updated Terms.

12. AI Features and Outputs

12.1 AI-Generated Content

The Services include artificial-intelligence features that generate suggestions, drafts, lead scoring, summaries, and other outputs ("AI Outputs"). AI Outputs are generated automatically and may be inaccurate, incomplete, or unsuitable for a particular purpose. You are solely responsible for reviewing, verifying, and approving any AI Output before relying on or acting on it, including before sending any AI-assisted communication to a third party. AI Outputs do not constitute legal, financial, tax, or other professional advice.

12.2 No Training on Customer Data

We do not use your Customer Data to train, fine-tune, or otherwise improve any general-purpose or shared machine-learning model. Customer Data is processed solely to provide the Services to you, as described in Section 3.2. Any model personalization performed for your account is isolated to your workspace and is not used for the benefit of any other customer. We may use aggregated, de-identified, or anonymized data that does not identify you or any individual to operate, secure, and improve the Services.

12.3 Responsibility for AI-Assisted Communications

You remain fully responsible for all communications generated or sent using AI features, including compliance with the acceptable-use restrictions in Section 4 and with the CAN-SPAM Act, the TCPA, and applicable anti-spam and data-privacy laws.

13. Data Processing and Security

13.1 Roles of the Parties

To the extent Customer Data includes personal data governed by applicable data-protection laws, you act as the controller (or business) and we act as your processor (or service provider), processing Customer Data only on your documented instructions and as necessary to provide the Services.

13.2 Data Processing Addendum

Where required by applicable law (including the GDPR, UK GDPR, CCPA/CPRA, or DPDPA), the parties shall enter into our standard Data Processing Addendum ("DPA"), which is incorporated into these Terms by reference and governs sub-processors, security measures, data-subject and consumer requests, breach notification, and international data transfers. In the event of a conflict between the DPA and these Terms regarding the processing of personal data, the DPA controls.

13.3 Security

We will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, loss, alteration, or disclosure. However, no method of transmission or storage is completely secure, and we do not guarantee absolute security.

14. Support Services

We provide technical support to customers on an active paid subscription via email at the address in Section 20, during our normal business hours. Support levels, response targets, and any service-level commitments, if offered, are as described on our website or in an applicable order. Free-trial, unpaid, or suspended accounts may receive limited or no support.

15. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemic, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, power outages, denial-of-service attacks, or the failure or interruption of third-party hosting, infrastructure, or artificial-intelligence model providers.

16. Assignment

You may not assign or transfer these Terms or your account, in whole or in part, without our prior written consent, and any attempted assignment in violation of this Section is void. We may assign these Terms, in whole or in part, without your consent in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all of our assets or equity. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

17. Survival

Any provision of these Terms that by its nature should survive termination or expiration will survive, including Section 2 (as to accrued and unpaid fees), Section 3.1, Section 5, Section 7, Section 8, Section 9, Section 10, Section 12.2, Section 13, Section 16, Section 17, Section 19, and Section 20.

18. Feedback

If you provide suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, incorporate, and exploit the Feedback in the Services without restriction or any obligation to you. Feedback is provided voluntarily and is not your Confidential Information.

19. Miscellaneous Provisions

• Entire Agreement: These Terms, together with our Data Processing Addendum (where applicable) and our Privacy Policy, constitute the complete agreement between you and us regarding the Services.
• Severability: If any provision of these Terms is deemed unlawful, void, or unenforceable, that specific provision shall be severed without affecting the validity or enforceability of the remaining provisions.
• No Waiver: Our failure to enforce any right or provision within these Terms does not constitute a waiver of future enforcement of that right.

20. Corporate Contact Information

If you have questions, feedback, or legal notices regarding these Terms, please contact us at:

• Company Name: We Ship CRMs LLC (dba ShipCRM)
• Registered Office Address: 8 The Green Suite B, Dover, DE 19901
• Attn: Robert Malko, Manager
• Contact Email: support@shipcrm.ai