Terms of Service

These Terms of Service ("Agreement") govern your access to and use of the ShipStream Data Border service ("Service") provided by ShipStream, LLC, a Delaware limited liability company ("ShipStream," "we," "us," or "our"). By accessing or using the Service, you ("Customer," "you," or "your") agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization.

1. Definitions

"Amazon Data" means any data retrieved from Amazon's Selling Partner API (SP-API), including but not limited to shipping labels, tracking information, and personally identifiable information (PII) contained therein.

"Amazon DPP" means Amazon's Data Protection Policy applicable to developers accessing Amazon's SP-API, as amended by Amazon from time to time.

"API" means the ShipStream Data Border application programming interface through which Customer may programmatically request Labels and interact with the Service.

"Customer Systems" means Customer's computers, networks, software, and other technology used to access or interact with the Service, including Print Stations.

"Device Hub" means ShipStream's proprietary software client installed on Customer's systems to receive and print shipping labels.

"Documentation" means the user guides, API documentation, and other technical materials made available by ShipStream at https://data-border.shipstream.io/docs, as updated from time to time.

"Label" means a shipping label retrieved from Amazon's SP-API and delivered to Customer via the Service.

"PII" means personally identifiable information, including names, addresses, phone numbers, and other personal data contained in shipping labels.

"Print Station" means any computer or device on which Device Hub is installed and configured to receive Labels.

"Security Requirements" means the Customer Security Requirements document incorporated herein by reference, available at Customer Security Requirements.

"Sub-Tenant" means, for SaaS Provider Plan customers, any third-party client or end user that accesses the Service through Customer's platform.

2. Service Description

ShipStream Data Border provides a secure, managed gateway for accessing Amazon Buy Shipping labels via Amazon's SP-API. The Service:

• Retrieves shipping labels from Amazon's SP-API on Customer's behalf
• Securely transmits Labels to Customer's Print Stations via Device Hub
• Provides a REST API for programmatic label requests
• Maintains audit logs of all Label requests
• Enforces security controls to protect Amazon Data

The Service is designed to enable Customer to print shipping labels for order fulfillment while minimizing Customer's direct exposure to Amazon PII and Amazon DPP compliance obligations. However, the Service does not eliminate Customer's independent legal obligations under applicable law or any agreements Customer has with Amazon.

2.1 Service Availability

ShipStream targets 99.9% uptime for the Service, measured on a monthly basis. This target excludes scheduled maintenance (with at least 24 hours notice) and circumstances beyond ShipStream's reasonable control, including Amazon SP-API outages. While ShipStream strives to meet this target, it is not a guarantee and no service credits are provided for downtime.

2.2 Service Dependencies

Customer acknowledges that the Service depends on Amazon's SP-API and that:

• Amazon may modify, suspend, or discontinue access to the SP-API at any time
• Amazon may revoke or restrict authorization for any seller account
• Changes to Amazon's policies, including the Amazon DPP, may require changes to the Service or to Customer's use of the Service
• ShipStream is not liable for any disruption, limitation, or termination of service caused by Amazon's actions or policies

2.3 Service Modifications

ShipStream may modify the Service from time to time. ShipStream will use reasonable efforts to provide advance notice of material changes that adversely affect Customer's use. Continued use of the Service after a modification constitutes acceptance of the modification.

3. Account Registration and Onboarding

3.1 Registration

To use the Service, Customer must:

1. Complete the account registration process
2. Provide accurate and complete business information
3. Complete the Security Attestation Form
4. Install Device Hub on all Print Stations
5. Pay the applicable Setup Fee

3.2 Account Security

Customer is responsible for:

• Maintaining the confidentiality of account credentials, API keys, and Device Hub credentials
• All activities that occur under Customer's account, whether or not authorized by Customer
• Promptly notifying ShipStream of any unauthorized access or suspected compromise

3.3 Eligibility

Customer represents and warrants that:

• Customer is a legal entity duly organized and in good standing
• The person accepting this Agreement has authority to bind Customer
• Customer has the authority to enter into this Agreement
• Customer's use of the Service is for legitimate order fulfillment purposes

4. Fees and Payment

4.1 Fee Structure - Single App Plan

4.1.1 Fee Structure - SaaS Provider Plan

Customers operating as SaaS providers with multiple Sub-Tenants are subject to the following fees:

4.2 Billing

• Fees are billed monthly in arrears based on Label usage
• For Single App customers: if per-Label fees plus Monthly Minimum base do not meet the Monthly Minimum, Customer will be charged the Monthly Minimum
• For SaaS Provider customers: if per-Label fees do not meet the Minimum Monthly Label Spend (after the waiver period), Customer will be charged the Minimum Monthly Label Spend in addition to the Monthly Platform Fee
• The Setup Fee is due upon account registration

4.3 Payment Terms

• Payment is due upon receipt of invoice
• Customer must maintain a valid payment method on file
• Invoices are automatically charged to Customer's payment method

4.4 Fee Adjustments

ShipStream may adjust fees by providing at least ninety (90) days written notice. Fee adjustments take effect at the start of the billing cycle following the notice period. If Customer does not agree to a fee adjustment, Customer may terminate this Agreement before the adjustment takes effect by providing written notice, in which case the prior fees apply through the end of the notice period.

4.5 Failed Payments

• If a charge fails, Customer has a seven (7) day grace period to update payment information
• If no valid payment method is on file, Customer has forty-eight (48) hours to provide one
• Failure to resolve payment issues within the grace period will result in service suspension
• The Monthly Minimum (or Monthly Platform Fee plus Minimum Monthly Label Spend, as applicable) continues to apply during suspension

4.6 Taxes

All fees are exclusive of applicable taxes. Customer is responsible for all taxes, duties, and other governmental charges associated with the Service, excluding taxes based on ShipStream's net income.

5. Acceptable Use

5.1 Permitted Use

Customer may use the Service solely for:

• Retrieving shipping labels for orders Customer is authorized to fulfill
• Printing Labels on Customer's Print Stations for shipment
• Accessing the API in accordance with the Documentation and any applicable rate limits

5.2 Prohibited Use

Customer shall NOT:

• Use the Service for any purpose other than order fulfillment
• Capture, copy, intercept, store, or retain Label data beyond the printing process
• Install print-to-file, PDF, or virtual printer drivers for Label printing
• Share Device Hub credentials or API keys with unauthorized persons
• Attempt to reverse engineer, decompile, or extract data from the Service or Device Hub
• Use the Service in violation of any applicable law, Amazon's policies, or the Amazon DPP
• Resell, sublicense, or provide the Service to third parties without authorization under the SaaS Provider Plan
• Interfere with or disrupt the Service or its security features
• Exceed rate limits or use the API in a manner that degrades Service performance for other customers
• Use automated means to circumvent usage limits or security controls

5.3 Usage Monitoring

ShipStream reserves the right to monitor usage patterns and may throttle or suspend access if anomalous, abusive, or suspicious activity is detected.

6. SaaS Provider Plan — Additional Terms

This Section 6 applies only to customers on the SaaS Provider Plan.

6.1 Sub-Tenant Obligations

Customer is responsible for ensuring that each Sub-Tenant complies with the terms of this Agreement as if they were the Customer, including the Acceptable Use terms and Security Requirements. Customer must enter into written agreements with each Sub-Tenant that impose obligations at least as protective as those in this Agreement.

6.2 Liability for Sub-Tenants

Customer is liable for all acts and omissions of its Sub-Tenants in connection with the Service as if they were Customer's own acts and omissions.

6.3 Sub-Tenant Onboarding

Customer must register each Sub-Tenant with ShipStream and pay the applicable Per-Client Setup Fee before enabling the Sub-Tenant's access to the Service.

6.4 Sub-Tenant Offboarding

Customer must promptly notify ShipStream when a Sub-Tenant ceases using the Service and must ensure that all Labels and Amazon Data in the Sub-Tenant's possession are deleted.

7. Intellectual Property

7.1 ShipStream Ownership

ShipStream retains all right, title, and interest in and to the Service, Device Hub, API, Documentation, and all related intellectual property, including all modifications, improvements, and derivative works. Nothing in this Agreement transfers ownership of any intellectual property to Customer.

7.2 License to Device Hub

Subject to Customer's compliance with this Agreement, ShipStream grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Device Hub solely on Customer's Print Stations for the purpose of receiving and printing Labels through the Service. This license terminates automatically upon termination of this Agreement.

7.3 License to API

Subject to Customer's compliance with this Agreement, ShipStream grants Customer a limited, non-exclusive, non-transferable (except to Sub-Tenants under the SaaS Provider Plan), revocable license to access and use the API solely for the purpose of programmatically requesting Labels and interacting with the Service in accordance with the Documentation.

7.4 Restrictions

Customer shall not: (a) copy, modify, or create derivative works of Device Hub or any part of the Service; (b) sublicense, sell, or distribute Device Hub except as expressly permitted under the SaaS Provider Plan; (c) remove or alter any proprietary notices; or (d) use ShipStream's trademarks without prior written consent.

7.5 Feedback

If Customer provides suggestions, ideas, or feedback about the Service ("Feedback"), ShipStream may use Feedback without restriction or obligation. Customer assigns to ShipStream all right, title, and interest in any Feedback.

8. Security Requirements

8.1 Compliance

Customer agrees to comply with the Security Requirements, which are incorporated into this Agreement by reference.

8.2 Security Attestation

Customer must complete the Security Attestation Form at onboarding and renew it annually.

8.3 Security Tiers

Customer's security obligations may increase based on usage volume. See Security Requirements for tier definitions and requirements.

8.4 Technical Controls

ShipStream enforces the following technical controls:

• TLS 1.2+ encryption for all communications
• No local caching of Labels on Print Stations
• Device Hub heartbeat monitoring
• Audit logging of all Label requests
• Client version enforcement
• Signed installers

9. Data Processing

9.1 Privacy and Data Protection

Customer's use of the Service is subject to ShipStream's Privacy Policy, which describes how ShipStream collects, uses, and protects personal information. The Cookie Policy describes how ShipStream uses cookies and similar technologies on its website.

The Data Processing Addendum is incorporated into this Agreement by reference and governs ShipStream's processing of personal data on Customer's behalf.

9.2 Data Handled

The Service processes the following data on Customer's behalf:

• Shipping labels containing recipient PII (name, address, phone number)
• Order identifiers and tracking numbers
• Customer account and billing information

9.3 Data Retention

• Labels are retained in ShipStream's systems for thirty (30) days, then automatically deleted
• Audit logs are retained for the period required by the Amazon DPP
• Customer account data is retained for the duration of the Agreement plus any legally required period

9.4 Customer Obligations

Customer acknowledges that once Labels are transmitted to Print Stations:

• ShipStream has no control over Labels on Customer Systems
• Customer is solely responsible for the security of Labels on Customer Systems
• Customer must not retain Labels beyond the immediate printing need
• Printed Labels must be handled in accordance with carrier requirements

9.5 Data Deletion

Upon termination of this Agreement:

• ShipStream will delete Customer's Labels within thirty (30) days
• Customer must delete or destroy any Labels in Customer's possession
• Audit logs may be retained as required by law or the Amazon DPP

9.6 Amazon Data Compliance

Customer acknowledges that:

• ShipStream's compliance with the Amazon DPP on its own systems does not relieve Customer of any independent obligations Customer may have under the Amazon DPP or Customer's own agreements with Amazon
• Customer is responsible for ensuring that its handling of Labels after delivery to Customer Systems complies with all applicable laws and Amazon policies

10. Subprocessors

10.1 Authorized Subprocessors

ShipStream uses the following subprocessors to provide the Service:

10.2 Subprocessor Obligations

ShipStream ensures that all subprocessors:

• Are bound by written agreements imposing data protection obligations no less protective than this Agreement
• Meet applicable security requirements
• Are bound by confidentiality obligations
• Process data only as necessary to provide the Service

10.3 Changes to Subprocessors

ShipStream may update subprocessors with thirty (30) days notice to Customer. If Customer objects to a new subprocessor on reasonable grounds and ShipStream cannot reasonably accommodate the objection, Customer may terminate this Agreement by providing written notice within the notice period. Continued use of the Service after the notice period constitutes acceptance.

11. Confidentiality

11.1 Definition

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information, including: business plans, technical data, API keys, pricing, security configurations, and the terms of this Agreement. Amazon Data constitutes ShipStream's Confidential Information to the extent it is in Customer's possession.

11.2 Obligations

Each party agrees to: (a) use the other party's Confidential Information only as necessary to exercise its rights or perform its obligations under this Agreement; (b) protect Confidential Information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care; and (c) not disclose Confidential Information to third parties except to employees, contractors, and advisors with a need to know who are bound by confidentiality obligations at least as protective as this Section.

11.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the Receiving Party
• Was known to the Receiving Party prior to disclosure, as demonstrated by written records
• Is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information
• Is rightfully received from a third party without restriction on disclosure
• Is disclosed pursuant to legal requirement (with prompt notice to the Disclosing Party where permitted, and reasonable efforts to limit the scope of disclosure)

11.4 Duration

Confidentiality obligations under this Section survive termination of this Agreement and continue for three (3) years after termination, except that obligations with respect to trade secrets survive for as long as such information remains a trade secret under applicable law.

12. Breach Notification

12.1 Customer Notification Obligation

Customer must notify ShipStream within twenty-four (24) hours of discovering or suspecting:

• Any unauthorized access to Amazon Data
• Any security incident affecting Print Stations or Customer Systems
• Any breach of Customer's security controls
• Any compromise of Device Hub credentials or API keys

12.2 Notification Method

Breach notifications must be sent to: security@shipstream.io

12.3 Cooperation

Customer agrees to cooperate with ShipStream in investigating and responding to any security incident, including:

• Providing relevant logs and information
• Preserving evidence
• Implementing remediation measures as directed by ShipStream
• Supporting ShipStream's notification obligations to Amazon under the Amazon DPP

12.4 ShipStream Notification

ShipStream will notify Customer of any breach affecting Customer's data without undue delay and in accordance with applicable law and the Data Processing Addendum.

13. Suspension and Termination

13.1 Suspension by ShipStream

ShipStream may suspend Customer's access to the Service immediately upon:

• Non-payment beyond the applicable grace period
• Suspected or confirmed security breach
• Violation of Acceptable Use terms
• Failure to comply with Security Requirements
• Failure to complete required security attestations or questionnaires within the remediation period
• A requirement by Amazon to suspend access

13.2 Effect of Suspension

During suspension:

• Customer cannot access the Service
• Monthly fees (Monthly Minimum, Monthly Platform Fee, and/or Minimum Monthly Label Spend, as applicable) continue to apply
• Customer remains bound by this Agreement
• ShipStream is not liable for any loss or damage resulting from suspension

13.3 Termination for Convenience by Customer

Customer may terminate this Agreement by providing written notice no less than fifteen (15) days before the next billing date.

13.4 Termination for Convenience by ShipStream

ShipStream may terminate this Agreement for convenience by providing written notice as follows:

• No less than ten (10) days if Customer has paid fewer than three (3) months of fees
• No less than ninety (90) days if Customer has paid for four (4) to twelve (12) months of fees
• No less than one hundred twenty (120) days if Customer has paid for more than twelve (12) months of fees

13.5 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if:

• The other party materially breaches this Agreement and fails to cure within fourteen (14) days of written notice specifying the breach
• The other party becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors

ShipStream may also terminate this Agreement immediately upon written notice if Amazon revokes or suspends ShipStream's access to the SP-API in a manner that prevents ShipStream from providing the Service to Customer.

13.6 Effect of Termination

Upon termination:

• Customer's access to the Service will cease
• All licenses granted under this Agreement terminate
• Customer must delete all Labels in Customer's possession
• Customer must uninstall Device Hub from all Print Stations
• Outstanding fees become immediately due
• Sections 1, 7, 9.5, 9.6, 11, 12, 14, 15, 16, and 17 survive termination

14. Warranties and Disclaimers

14.1 ShipStream Warranties

ShipStream warrants that:

• The Service will perform substantially as described in the Documentation
• ShipStream has implemented reasonable security measures consistent with the technical controls described in this Agreement

If the Service fails to conform to the warranty in this Section 14.1, Customer must notify ShipStream in writing specifying the non-conformance. ShipStream shall have thirty (30) days to cure. If not cured within that period, Customer's exclusive remedy is a service credit equal to the fees attributable to the period of non-conformance, applied to Customer's next invoice. ShipStream does not provide cash refunds.

14.2 Customer Warranties

Customer warrants that:

• Customer has the right to fulfill the orders for which Labels are requested
• Customer will comply with all applicable laws, this Agreement, and Amazon's policies
• All information provided to ShipStream is accurate and complete
• Customer has obtained all necessary authorizations from Amazon seller accounts connected through the Service

14.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 14.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." SHIPSTREAM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SHIPSTREAM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. SHIPSTREAM IS NOT RESPONSIBLE FOR ISSUES CAUSED BY AMAZON'S SP-API, CARRIERS, CUSTOMER SYSTEMS, OR THIRD-PARTY SERVICES. SHIPSTREAM DOES NOT WARRANT THAT AMAZON WILL CONTINUE TO PROVIDE ACCESS TO THE SP-API OR THAT AMAZON'S POLICIES WILL NOT CHANGE.

15. Limitation of Liability

15.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Liability Cap

EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO SHIPSTREAM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

15.3 Exceptions

The limitations in this Section 15 do not apply to:

• Customer's indemnification obligations under Section 16
• Customer's breach of Section 5 (Acceptable Use) or Section 7.4 (IP Restrictions)
• Either party's breach of confidentiality obligations under Section 11
• Customer's payment obligations under Section 4
• Fraud or willful misconduct
• Customer's liability for acts or omissions of its Sub-Tenants under Section 6.2

16. Indemnification

16.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless ShipStream, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Customer's breach of this Agreement
• Customer's violation of applicable laws
• Customer's failure to comply with Security Requirements
• Any security incident caused by Customer's negligence or misconduct
• Any penalties, fines, or damages imposed by Amazon resulting from Customer's actions or omissions
• Claims by third parties (including Sub-Tenants and their end users) related to Customer's use of the Service
• Customer's misrepresentation of its authority to fulfill orders

16.2 Indemnification Procedure

The party seeking indemnification ("Indemnified Party") will:

• Promptly notify the indemnifying party ("Indemnifying Party") of any claim
• Provide reasonable cooperation in the defense at the Indemnifying Party's expense

The Indemnifying Party shall have the right to control the defense and settlement of the claim, provided that the Indemnifying Party may not settle any claim that imposes obligations on the Indemnified Party or admits fault on behalf of the Indemnified Party without the Indemnified Party's prior written consent.

17. General Provisions

17.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to conflict of law principles.

17.2 Dispute Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve any dispute arising under this Agreement through good-faith negotiation for a period of thirty (30) days following written notice of the dispute. If the dispute is not resolved through negotiation, it shall be resolved in the state or federal courts located in Knox County, Tennessee. Each party consents to the exclusive jurisdiction and venue of such courts.

17.3 Amendments

ShipStream may amend this Agreement by providing thirty (30) days notice. Material changes will be highlighted in the notice. Continued use of the Service after the effective date of amendments constitutes acceptance. If Customer does not agree to a material amendment, Customer may terminate this Agreement before the amendment takes effect by providing written notice.

17.4 Assignment

Customer may not assign this Agreement without ShipStream's prior written consent. Any purported assignment in violation of this Section is void. ShipStream may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee assumes ShipStream's obligations under this Agreement.

17.5 Severability

If any provision of this Agreement is found unenforceable, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

17.6 Waiver

Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.

17.7 Notices

Notices under this Agreement shall be sent to:

• ShipStream: legal@shipstream.io
• Customer: The email address associated with Customer's account

Notices are deemed received: (a) upon delivery for email, provided no bounce or failure notice is received by the sender; or (b) upon delivery for hand delivery or overnight courier.

17.8 Entire Agreement

This Agreement, together with the following documents incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings:

• Customer Security Requirements
• Privacy Policy
• Cookie Policy
• Data Processing Addendum

17.9 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, or failures of third-party services (including Amazon's SP-API). The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than sixty (60) days, either party may terminate this Agreement upon written notice.

17.10 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.

17.11 Export Compliance

Customer shall comply with all applicable export control and sanctions laws and regulations in connection with its use of the Service. Customer represents that it is not located in, and will not use the Service from, any country subject to a U.S. trade embargo, and that Customer is not listed on any U.S. government restricted party list.

17.12 No Third-Party Beneficiaries

This Agreement is for the benefit of the parties only and does not create any third-party beneficiary rights, except as expressly provided in Section 16 (Indemnification).

17.13 Electronic Acceptance

Customer agrees that this Agreement may be accepted electronically and that such acceptance has the same legal effect as a handwritten signature. Customer's use of the Service, completion of the registration process, or clicking "I Agree" (or a similar mechanism) constitutes Customer's binding acceptance of this Agreement.

17.14 Construction

This Agreement shall be construed without regard to any presumption or rule requiring construction against the drafting party. The headings in this Agreement are for convenience only and do not affect interpretation.

Contact Information

ShipStream, LLC Email: legal@shipstream.io Website: https://shipstream.io

By using the ShipStream Data Border service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.