Last updated: April 18, 2018
Simpler Postage, Inc. (dba EasyPost) - 1 Montgomery Street, Suite 400, San Francisco, CA 94104 - firstname.lastname@example.org
a. Personal Data Data that identifies, or that could reasonably be used to identify, our User as an individual, or our User's Customer as an individual, is considered "Personal Data". We collect Personal Data when a User registers for an EasyPost account, and when a User sends us Customer Data. The Personal Data we collect includes contact details such as name, email address, phone number, and address.
b. Other Data Data other than Personal Data is considered "Other Data". We collect Other Data through a variety of sources. One source for Other Data is Cookies and technologies that record Data about the use of our websites, and the use of our Services generally. Other Data that we may collect include: browser and device data, transaction data, Cookie and tracking technology data, and authorized third party account data.
a. Personal Data We use Personal Data to: provide the Services, contact the User, authenticate the User, handle payments, respond to inquiries, send service notices, and provide customer support.
The Data Controller processes the Data of Users in proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller headquarters, unless stated otherwise, and by third party data centers in the US.
The Data is kept for the longer of the time necessary to provide the service requested by the User, as stated by the purposes outlined in this document, and the time required by EasyPost's contractual obligations with the United States Post Office. The User can always request the Data Controller for their suspension or removal.
The User's Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of EasyPost or the Services.
For operation and maintenance purposes, we may collect files that record interaction with the Service (System Logs) or use for this purpose other Personal Data (such as IP Address).
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time at its contact information.
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, canceled, updated or corrected. Provider (Simpler Postage) will make such changes to the degree that it is technically feasible but offers no guarantee of deletion or amendment for any data held by the Service. Requests should be sent to the Data Controller at the contact information set out above.
EasyPost does not support “do not track” requests.
To understand if any of the third party services it uses honor the “do not track” requests, please read their privacy policies.
We may collect, use and disclose certain Personal Data about Customers when acting as the User’s service provider. Our Users are responsible for making sure that the Customer’s privacy rights are respected, including ensuring appropriate disclosures about third party data collection and use. To the extent that we are acting as a User’s data processor, we will process Personal Data in accordance with the terms of our agreement with the User and the User’s lawful instructions.
If a User or Customer is located in the EEA or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of Personal Data. EasyPost is in the process of certifying under the EU-U.S. and the Swiss-U.S. Privacy Shield Framework. For more, see our Privacy Shield Policy.
EasyPost is committed to ensuring that our platform is GDPR-compliant. For more, see our GDPR Information Page
All remaining balances on your account are 100% refundable for up to 90 days from the initial transaction. If you would like to initialize a refund please contact us at email@example.com.
Most labels are refundable through the API, but if you have a problem refunding postage you have already purchased and have not shipped, please email us to discuss it. In most cases we can work with the carrier to issue a refund, and we would be happy to help you get your refund.
EasyPost's Label Fee and any collected Postage Fee are refunded back to your EasyPost balance when the appropriate carrier reports a successful refund. Shipment Insurance is not currently refundable, regardless of success in refunding the Label and other fees.
Feel free to cancel your account at anytime. There are no long term obligations and you will only be charged for the services you have used. Any remaining balance in your account can be refunded by sending us an email at firstname.lastname@example.org
By creating USPS labels, you agree (1) that you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the matter as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) that you in fact have the legal authority to reproduce and otherwise use the matter as proposed; (3) that you understand that images or other matter is not provided, approved, or endorsed in any way by the United States Postal Service; and (4) to the United States Postal Service Postage Discrepancy Policy.
EasyPost’s service enables software developers to integrate shipping capabilities into their applications. EasyPost provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). By signing up for the service via www.easypost.com or other mechanism provided you accept the terms of this Agreement.
Please review the terms of this Agreement carefully. Once accepted, this Agreement becomes a binding legal commitment. If you have any questions, you can reach the EasyPost team at email@example.com.
"Customer" means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.
"Customer Application" means a software application that interfaces with the EasyPost Services and include any services (web-based or other services) made available by Customer through that application.
"Customer Data" means data and other information made available to EasyPost through the use of the EasyPost Services under this Agreement.
"Documentation" means all of the instructions, code samples, on-line help files and technical documentation made available by EasyPost for the EasyPost Services.
"End User" means an end user of a Customer Application.
"Rate Schedule" means the schedule of fees located at www.easypost.com/pricing, as such may be updated from time to time. These fees are in addition to the postage required to ship a package.
"EasyPost API" means an application programming interface for the EasyPost Services (or feature of the EasyPost Services) provided to Customer by EasyPost.
"EasyPost Properties" means the EasyPost website, EasyPost API, Documentation, and technical support made available by EasyPost to Customer in connection with the EasyPost Services.
"EasyPost Services" means the services provided by EasyPost to Customer under this Agreement, including all programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by EasyPost, including without limitation the EasyPost APIs and any software provided to Customer in connection with its use of the EasyPost Services.
2. EasyPost Customer Program and Services
2.1 Provision of Services. Subject to the terms and conditions of this Agreement, EasyPost grants Customer a non-exclusive, revocable right to:
(a) Use the Documentation and EasyPost APIs as needed to develop Customer Applications;
(b) Offer and make the EasyPost Services available to End Users in connection with the use of each Customer Application, in accordance with the Documentation; and
(c) Otherwise use the EasyPost Properties solely in connection with and as necessary for Customer’s activities hereunder.
2.2 Data Storage. Customer acknowledges that data storage is not guaranteed by EasyPost and agrees that EasyPost not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to the loss or deletion of Customer Data.
2.3 Use of EasyPost Services. Customer will be solely responsible for all use (whether or not authorized) of the EasyPost Services and Documentation under its account, including for the quality and integrity of Customer Data and each Customer Application. Customer will take all reasonable precautions to prevent unauthorized access to or use of the EasyPost Services and notify EasyPost promptly of any such unauthorized access or use.
2.4 Restrictions. Except as expressly provided in Section 2.1 (Provision of Services), Customer will not transfer, resell, lease, license or otherwise make available the EasyPost Services to third parties. In any event, Customer will not offer the EasyPost Services on a standalone basis. Customer will ensure that the EasyPost Services provided hereunder are used in accordance with all applicable laws, regulations and third party rights, as well as the terms of this Agreement, Specifically and without limitation, Customer will ensure that EasyPost is entitled to use the Customer Data as needed to provide the EasyPost Services and will not use the EasyPost Services in any manner that violates any data protection statute, regulation, order or similar law. Except as allowed by applicable law, with respect to any software provided to Customer hereunder, Customer will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code of such software.
2.5 Changes to Service. Customer acknowledges that the features and functions of the EasyPost Services, including, the EasyPost APIs, may change over time. It is Customer’s responsibility to ensure that calls or requests Customer makes to the EasyPost Services are compatible with then-current EasyPost APIs. Although EasyPost endeavors to avoid changes to the EasyPost APIs that are not backwards compatible, if any such changes become necessary EasyPost will use reasonable efforts to notify Customer at least 30 days prior to implementation.
3.1 Fees. Customer agrees to pay the usage fees set forth in the Rate Schedule and the prices for postage rates that are returned via the API. Because shipping rates may change day to day, the rates returned via the EasyPost services are the most up to date. When purchasing postage directly from EasyPost, Customer agrees to pay the postage rate purchased via the EasyPost API.
3.2 Net of Taxes. Unless otherwise stated in the Rate Schedule, all applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against EasyPost, will be payable by Customer. Customer will not withhold any taxes from any amounts due to EasyPost.
3.3 Disputes. Customer will notify EasyPost in writing in the event Customer disputes any portion of any fees paid or payable by Customer under this Agreement. Customer will provide such notice to EasyPost within 30 days of the applicable charge and the parties will work together to resolve the applicable dispute promptly. Upon expiration of the 30 day period described in this Section, Customer will not be entitled to dispute any fees paid or payable by Customer.
3.4 Suspension. Customer acknowledges that, in the event Customer’s usage exceeds the amounts prepaid by Customer or any other failure to pay amounts due as described in this Section 3, EasyPost will be entitled suspend the EasyPost Services associated with Customer's account without prior notice to Customer. EasyPost will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to any suspension of EasyPost Services pursuant to this Section 3.
4. Ownership And Confidentiality
4.1 Ownership Rights. As between the parties, EasyPost exclusively owns and reserves all right, title and interest in and to the EasyPost Services, EasyPost Properties and EasyPost's Confidential Information. As between the parties, Customer exclusively owns and reserves all right, title and interest in and to the Customer Data, Customer Applications and Customer's Confidential Information.
4.2 Use of Licensor Marks. Subject to the terms of this Agreement, each party (the "Licensor") grants to the other party (the "Licensee") the right to use and display Licensor's name and marks (the "Licensor Marks") on its website and in other promotional materials solely in connection with its activities under this Agreement. All such use of the Licensor Marks will be in accordance with the Licensor's usage guidelines and will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. In its efforts, Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. Licensee and will not present itself as an affiliate or other legal agent of Licensor. The license described in this Section will terminate automatically in the event of any termination of this Agreement.
(a) Definition. "Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
(b) Use and Disclosure. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
4.4 Injunctive Relief. The Parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.
EASYPOST HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. EASYPOST’S SERVICES AND PROPERTIES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
6. Exclusion of Damages; Limitation Of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EasyPost BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF EASYPOST HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EASYPOST BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
7. Indemnification; Disputes
8.1 Indemnification by Customer. Customer will defend, indemnify and hold EasyPost harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action ("Claim") arising out of or relating to Customer's activities under this Agreement or Customer's acts or omissions in connection with the provision of the Customer Application, including without limitation, any intellectual property claims relating to the Customer Application and any violation by Customer or its End Users of the terms of Section 2.4 (Restrictions). EasyPost will cooperate as fully as reasonably required in the defense of any Claim, at Customer’s expense. EasyPost reserves the right, at Customer’s expense, to retain separate counsel for EasyPost or, if Customer has not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any matter in which Customer is a named party and that is otherwise subject to indemnification under this Section. Customer will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against EasyPost in connection with any Claim. Customer will also be liable to EasyPost for any costs and attorneys’ fees EasyPost incurs to successfully establish or enforce its right to indemnification under this Section.
7.2 Governing Law. Except as provided in Section 8.3, this Agreement will be governed by the laws of the State of California, exclusive of its rules governing choice of law and conflict of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
7.3 Arbitration. Except as provided in this Section, any dispute arising under this Agreement will be determined by binding arbitration in San Francisco, California in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the "Federal Arbitration Act").
(a) Details. The arbitration will be governed by the then-current terms of the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") and will be held with a single arbitrator appointed in accordance with the Rules. The award of the arbitrator will be based on the evidence admitted and the substantive law of the State of California and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify the terms of this Agreement. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction. Each party will be entitled to obtain a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section 8.3 does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.
(b) Injunctive Relief. Notwithstanding any provision in this Section to the contrary, EasyPost may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of the terms of this Agreement.
(c) Individual Basis Only. It is the intent of the parties to require any claims or controversies between them to be submitted to arbitration on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.
8.1 Assignment. Customer will not assign or otherwise transfer this Agreement, in whole or in part, without EasyPost’s prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void.
8.2 Amendment; Waiver. No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
8.3 Relationship. Each party is an independent contractor in the performance of each and every part of this Agreement. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit EasyPost in any way and will not attempt to do so or imply that it has the right to do so.
8.4 Unenforceability. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.
8.5 Notices. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. EasyPost may use Customer’s current address, as provided by Customer in connection with billing and payment activities. EasyPost’s current address may be found on its website.
8.6 Other Terms. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by EasyPost, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.
8.7 Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control (each, a "Force Majeure Event") if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days.
8.8 Government Terms. EasyPost provides the EasyPost Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If Customer (or any of its customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the EasyPost Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. The EasyPost Services were developed fully at private expense.
EasyPost Shipping Insurance does not include:
A. EasyPost will not be liable if packages are not reported to EasyPost and related premiums not remitted. When submitting a claim to EasyPost Insurance, you waive the right to seek a claim with any other insurance provider for the same shipment. EasyPost Insurance will not cover any package that is already being processed by other carrier insurance(s). EasyPost Insurance will not process any claims which are initiated, pending, or completed by, another insurance provider.
B. All claims regarding damage are to be completed with EasyPost within thirty (30) days of shipping label creation. All claims regarding loss are to be completed with EasyPost thirty (30) days past shipping label creation, but no later than sixty (60) days past shipping label creation. You will submit (a) a completed EasyPost claim form, (b) a copy of original invoice to customer, (c) a copy of customer note stating damage sufficient to substantiate loss or stating package had failed to be delivered, (d) and photos displaying the damage to the product and packaging (if applicable). The package recipient should hold damaged items in the event they are requested during claim processing. All damaged property for which payment (not repair cost) or replacement has been requested or made, must on request, be returned to EasyPost. FAILURE TO RETAIN DAMAGE PROPERTY MAY AFFECT FINAL SETTLEMENT OF CLAIM.
C. Claims regarding loss where the carrier’s tracking records have the shipment marked as delivered will not be honored, unless documentation from the carrier is provided, which acknowledges a mistake in the tracking information, or if adequate proof is provided to support theft or mishandling.
D. Claims regarding loss or damage where the shipment is signed for will not be honored, unless adequate proof is provided to support theft or mishandling.
E. For claims regarding damage, EasyPost may request for the item to be examined and a repair quote to be issued and submitted to EasyPost for review. If the repair service is able to restore the item to its intended condition, EasyPost may choose to settle the claim for the value of the repair, rather than the full value of the item.
F. EasyPost may request additional documentation or information during the claim process. Additional documentation or information may be requested from the recipient, carrier, manufacturer, 3PL warehouse, or any other 3rd party along the supply chain.
G. The maximum amount of insurance that can be purchased through EasyPost is $5,000 per shipment.
H. Any covered loss will be paid by check to the insured within 30 days of EasyPost's receipt of all required claim documentation and requested damaged goods. Checks are made to out the insured business name and not to any individual.
I. No suit or action for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless commenced within twelve (12) months after you discover the occurrence which gives rise to the claim, provided, however, that if by the laws of the State within which this Policy is issued, such limitation is invalid, then any such claim shall be void unless such action or suit commences with the shortest limit of time permitted by the laws of that State.
J. This policy may be canceled at any time by your written request or by us upon thirty (30) days written notice, or the number of days if greater, required by the regulations in your State. However, such cancellation shall not affect any shipments already made for which reports and premium have been tendered by you and accepted by EasyPost.
K. The yearly anniversary of the Policy inception date shall be regarded as the annual renewal date.
L. Policy changes can only be effected by EasyPost.
M. This Policy treats banded boxes and pallets of boxes as one single package.
N. If a part of a pair or set is lost or damaged, EasyPost will only pay a reasonable and fair portion of the total value of the pair or set and NOT the total value.
O. This Policy is void if you have intentionally concealed or misrepresented any material fact or circumstance relating to this insurance.
P. This Policy overrides any previously existing forms and documents provided by EasyPost Insurance.
Q. This Policy is subject to change.