ShipThanks

Company Terms of Service

Effective date: 2026-06-19

These Company Terms of Service (the "Terms") are a binding agreement between ShipThanks LLC ("ShipThanks," "we," "us") and the organization that registers for, subscribes to, or uses the ShipThanks platform (the "Company," "you"). By creating an organization, clicking to accept, signing an order form, or using the Service, the individual accepting agrees on the Company's behalf and represents that they are authorized to bind the Company.

If you do not agree, do not use the Service.

1. The Service

ShipThanks is a customer-retention platform that lets a Company's sales representatives ("Sellers") send shipment-triggered, personalized thank-you videos and short messages to the Company's customers ("Customers") over SMS/MMS, maintain a two-way text conversation with those Customers, and view retention and engagement analytics (the "Service"). The Service includes the web dashboard (dashboard.shipthanks.com), the public video watch pages (dashboard.shipthanks.com/watch), APIs, plugins, and related software and documentation.

We may update, add, or remove features over time. Material reductions to a paid feature you rely on will be communicated with reasonable notice.

2. Accounts, organizations, and Sellers

  • Organization. Your use is scoped to an "organization" (a tenant). You are responsible for configuring it, designating administrators ("Org Admins"), and managing Seller membership.
  • Authentication. Account authentication is provided through our identity provider (Clerk). You are responsible for all activity under your organization, including by your Org Admins, Sellers, and anyone using your API credentials.
  • Sellers act for you. Sellers operate on your behalf and under your direction. You are responsible for your Sellers' use of the Service and for the content they record and send. The separate Seller Terms of Service govern the individual Seller relationship; nothing in them relieves you of responsibility for the messages sent under your organization and from your messaging number.
  • API credentials. API tokens (e.g., shpt_live_…) are secrets. Keep them confidential; you are responsible for actions taken with them. Notify us promptly of any suspected compromise.

3. Fees and billing

  • Subscription. Unless your order form states otherwise, the Service is billed as a flat platform fee (currently US$999 per month) plus metered usage (e.g., messaging volume). Pricing and metered components may change with notice as described in Section 14.
  • Payment processor. Billing is handled through Stripe. You authorize us (and Stripe) to charge your designated payment method for all fees as they fall due.
  • Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and similar taxes, excluding taxes on our net income.
  • Non-payment. Past-due amounts may accrue interest and may result in suspension after notice (Section 11). Except where required by law or expressly stated, fees are non-refundable.
  • Pass-through carrier costs. Messaging is delivered via Twilio and underlying carriers. Carrier and 10DLC registration fees, surcharges, and per-message costs may be passed through and reflected in metered usage.

4. Messaging compliance — your responsibilities (important)

The Service sends text messages to Customers on your behalf. You are the sender of record for compliance purposes, and you bear primary responsibility for lawful messaging. You agree that:

  1. Consent (Model A attestation). You will obtain and maintain all legally required consents from Customers to receive text messages before their phone numbers are sent to the Service, and you will attest to that consent during messaging onboarding. Your attestation is a condition of activation, is recorded (including the version of the attestation text and who attested), and you represent it is true and complete.
  2. 10DLC / carrier registration. You will provide accurate brand, campaign, business, and representative information for A2P 10DLC registration (legal business name, EIN, address, use case, sample messages, opt-in description, HELP/STOP copy, etc.). You are responsible for the accuracy of that information; carriers may reject or suspend messaging for inaccurate or non-compliant submissions.
  3. Applicable law. You will comply with all laws and industry requirements applicable to your messaging, including the U.S. Telephone Consumer Protection Act (TCPA), CTIA messaging principles, CAN-SPAM (for email if/when enabled), and equivalent laws in any jurisdiction where your Customers are located.
  4. Opt-outs and honoring STOP. You acknowledge the Service supports and honors STOP/START and HELP keywords and per-recipient opt-out, and you will not attempt to circumvent opt-outs, blocklists, or messaging caps (including the per-conversation message limit).
  5. No prohibited content. You will not use the Service to send unlawful, deceptive, harassing, or otherwise prohibited messages, or content prohibited by carriers (e.g., SHAFT categories).

You are solely responsible for the Customer phone numbers, email addresses, and other data you (or your Sellers, plugins, or integrations) submit, and for your lawful basis to process and share it with us.

5. Company Data and our role

  • "Company Data" means data you, your Sellers, or your integrations provide to or generate in the Service, including Customer records (names, phone numbers, emails, order/shipment data), message content and transcripts, uploaded videos/images and generated previews, templates, and configuration.
  • Roles. As between the parties, you are the controller (or business) of Customer personal data and we act as your processor (or service provider), processing it to provide the Service on your instructions. Our handling of personal data is described in the Privacy Policy and, where applicable, a Data Processing Addendum, which is incorporated by reference for personal data we process on your behalf.
  • Your licence to us. You grant us a non-exclusive, worldwide licence to host, copy, process, transmit, and display Company Data as necessary to provide, secure, and improve the Service and as otherwise permitted by the Privacy Policy/DPA.
  • Your warranties. You represent that you have all rights, consents, and lawful bases needed to provide Company Data to us and to have it processed as described, and that Company Data does not infringe third-party rights or violate law.

6. Acceptable use

You and your users will not: (a) use the Service to violate law or third-party rights; (b) send messages without required consent or after opt-out; (c) upload malware or attempt to breach, probe, or disrupt the Service or its multi-tenant isolation; (d) reverse engineer, resell, or provide the Service to a third party except your own Sellers acting for you; (e) exceed or evade rate limits, messaging caps, or usage metering; (f) use the Service to send spam or content prohibited by Section 4; or (g) upload Customer data you are not authorized to share. We may suspend activity that we reasonably believe violates this Section (Section 11).

7. Third-party services

The Service relies on third-party providers, including Clerk (authentication), Stripe (billing), Twilio and underlying carriers (messaging), and Amazon Web Services (hosting and asset storage). Your use is also subject to those providers' applicable terms. We are not responsible for third-party services' acts or omissions, but we will use commercially reasonable efforts to select reputable providers and pass through relevant protections.

8. Intellectual property

  • Our IP. We and our licensors own the Service and all related software, content, and trademarks. Except for the limited right to use the Service under these Terms, no rights are granted to you.
  • Your IP. You and your Sellers retain ownership of Company Data and the videos/content you create. You grant the licence in Section 5.
  • Feedback. If you give us suggestions or feedback, you grant us a perpetual, royalty-free licence to use it without restriction.
  • Aggregated/de-identified data. We may create and use aggregated or de-identified data derived from use of the Service (data that does not identify you, any Seller, or any Customer) to operate, improve, and benchmark the Service. This data does not include Company Data in identifiable form.
  • AI and machine learning. Subject to the Privacy Policy and the opt-out described there, you grant us the right to use Company Data and content to develop, train, evaluate, and improve the Service, including its machine-learning and generative-AI features. We de-identify or aggregate where feasible, and our AI providers may not use your data to train their own general-purpose models.

9. Confidentiality

Each party may receive the other's non-public information. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and disclose it only to personnel and contractors with a need to know who are bound by similar obligations. This does not apply to information that is public, independently developed, or rightfully received from a third party, or to disclosures required by law (with notice where permitted).

10. Warranties and disclaimers

  • We will provide the Service with reasonable skill and care.
  • EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation, message delivery by carriers, or any particular retention, engagement, or revenue outcome. Analytics figures are estimates and may be illustrative.

11. Suspension and termination

  • Term. These Terms run for the subscription term stated on your order form and renew as stated there, or, for month-to-month use, until terminated.
  • Suspension. We may suspend the Service or specific messaging in whole or part if (a) you breach Section 4 or 6, (b) a carrier or provider requires it, (c) your account is past due, or (d) continued operation poses a security or legal risk. We will give notice where practicable and limit suspension in scope and duration where reasonable.
  • Termination. Either party may terminate for the other's uncured material breach after 30 days' written notice. You may terminate for convenience as stated on your order form.
  • Effect. On termination, your access ends. We will, on request within 30 days of termination, make Company Data available for export; thereafter we will delete Company Data within 30 days, except for de-identified/aggregated data and copies required by law or in routine backups.

12. Indemnification

You will defend, indemnify, and hold harmless ShipThanks and its affiliates from third-party claims, damages, and costs (including reasonable legal fees) arising out of (a) Company Data, (b) your or your Sellers' messaging, including any failure to obtain or honor required consent or to comply with Section 4, (c) your breach of these Terms or violation of law, or (d) your products, services, or relationships with your Customers. We will defend, indemnify, and hold you harmless from third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights.

13. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data; and (b) each party's total aggregate liability arising out of or related to these Terms will not exceed the fees you paid or owed to us for the Service in the 12 months before the event giving rise to the liability. These limits do not apply to your payment obligations, your indemnity obligations, or either party's liability for willful misconduct or for amounts that cannot be limited by law.

Beneficiaries. The disclaimers and limitations in this Section and Section 10 also apply for the benefit of ShipThanks's affiliates, personnel, and sub-processors.

Customer claims. End customers are not parties to these Terms, but the Service lets them reply and converse over SMS, so ShipThanks does not disclaim all responsibility toward them. To the extent ShipThanks has any direct liability to an individual message recipient for ShipThanks's own operation of the messaging channel: (a) the warranty disclaimers and the exclusion of indirect / consequential damages above apply; (b) ShipThanks's aggregate liability to that recipient will not exceed US$100; and (c) nothing limits liability that cannot be limited by law. You will ensure your own consumer-facing terms and privacy notice extend their liability limitations to ShipThanks and its sub-processors and name ShipThanks as a third-party beneficiary, and (per Section 12) you indemnify ShipThanks for customer claims arising from your or your Sellers' messaging and customer relationships.

14. Changes to these Terms

We may update these Terms. For material changes, we will provide reasonable advance notice (e.g., by email to your Org Admins or in-product). Changes take effect on the stated effective date; your continued use after that date constitutes acceptance. If you object to a material change, your remedy is to stop using the Service and terminate as provided in Section 11.

15. General

  • Governing law. These Terms are governed by the laws of the State of Utah, USA, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah.
  • Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets; we may assign to an affiliate or successor.
  • Entire agreement. These Terms, any order form, and the incorporated Privacy Policy/DPA are the entire agreement and supersede prior understandings. An order form controls over a conflict here.
  • Severability; waiver. If a provision is unenforceable, the rest remains in effect; no waiver is implied by a failure to enforce.
  • Force majeure. Neither party is liable for delays caused by events beyond its reasonable control (including carrier or provider outages).
  • Notices. Legal notices to us go to legal@shipthanks.com; notices to you go to your Org Admin contact on file.

Questions: legal@shipthanks.com · support@shipthanks.com