Terms of Service

1. Agreement to Terms

By accessing or using ShipSafer ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

The Service is operated by a company registered in the United States, and these Terms are governed by the laws of the State of Delaware and applicable federal laws of the United States.

2. Description of Service

ShipSafer scans for vulnerabilities on domains provided by the user.

3. Account Registration

To use the Service, you must create an account by providing:

• A valid email address
• Your full name
• A secure password meeting our requirements (minimum 8 characters, including uppercase, lowercase, number, and special character)

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring the accuracy of the information you provide

4. Payment Terms

4.1 Subscription Model

ShipSafer operates on a monthly subscription basis. By subscribing, you agree to pay the monthly subscription fee for continued access to the Service. Your subscription will automatically renew each month unless you cancel it before the next billing cycle.

4.2 Automatic Renewal and Cancellation

Subscriptions automatically renew on a monthly basis. You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period, and you will retain access to the Service until that date. No refunds will be provided for partial months.

4.3 Payment Processing

Payments are processed securely through Stripe, a PCI-DSS compliant payment processor. We do not store your credit card information on our servers. By subscribing, you authorize us to charge your payment method on a recurring monthly basis.

4.4 Billing Address

During checkout, you will be required to provide a valid billing address for invoice generation purposes.

4.5 Invoicing

Electronic invoices are generated automatically and sent to your registered email address upon successful payment each billing cycle. Invoices comply with applicable US tax regulations and accounting standards.

4.6 Price Changes

We reserve the right to modify subscription pricing at any time. If we change the price of your subscription, we will provide you with at least 30 days advance notice. Price changes will take effect at the start of your next billing cycle after the notice period. Your continued use of the Service after the price change constitutes your acceptance of the new price.

4.7 Currency

Prices are displayed in USD. The final charge will be processed in the currency selected during checkout.

4.8 Discount Codes

We may offer discount codes for promotional purposes. Discount codes are subject to specific terms and conditions, including expiration dates and usage limits.

5. Refund Policy

5.1 Monthly Subscription Refunds

We offer a satisfaction guarantee for new subscribers. If you are not satisfied with the Service, you may request a refund within 7 days of your initial subscription payment. This guarantee applies only to your first subscription payment.

5.2 Refund Process

To request a refund:

• Contact our support team at contact@shipsafer.app with your refund request
• Our team will review your request (approval typically required)
• You will receive a refund confirmation email upon approval
• Refunds are processed through Stripe to your original payment method
• Refunds typically appear within 5-10 business days

5.3 Refund Eligibility

Refunds are subject to the following conditions:

• Refund requests must be made within 7 days of your initial subscription payment
• Refunds are only available for the first billing cycle of new subscriptions
• Account must not have violated these Terms
• Refunds are granted at our sole discretion
• No refunds are provided for subscription renewals
• Canceling your subscription does not automatically result in a refund

5.4 No Pro-Rated Refunds

We do not provide pro-rated refunds for partial billing periods. If you cancel your subscription, you will retain access to the Service until the end of your current billing period, but no refund will be issued for the remaining days in that period.

6. User Conduct and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Upload or share malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service to harass, abuse, or harm others
• Engage in any activity that disrupts or interferes with the Service
• Scrape, crawl, or automatically extract data from the Service without permission
• Share your account credentials with others
• Resell or redistribute the Service without authorization
• Reverse engineer or attempt to extract the source code of the Service

7. Intellectual Property Rights

7.1 Service Ownership

The Service, including its design, features, functionality, code, graphics, and content, is owned by the operator and is protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain all ownership rights to the scan results, reports, configurations, and content you create or upload while using the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely for the purpose of providing the Service to you.

7.3 Responsibility for Content

You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that:

• You own or have the necessary rights to the content you upload
• Your content does not violate any third-party rights
• Your content does not violate any applicable laws

8. Data Storage and Backups

We use MongoDB for data storage. However:

• We are not responsible for data loss due to technical failures, security breaches, or force majeure events
• You are responsible for maintaining your own backups of important content
• We recommend regularly exporting your reports using available export features
• Deleted items may be recoverable for a limited time, but permanent deletion may occur

9. Service Availability and Modifications

9.1 Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes.

9.3 Updates

We may update the Service with new features, improvements, or security patches. Active subscribers will have access to all updates and improvements released during their subscription period.

10. Account Termination

10.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting our support team at contact@shipsafer.app. Upon cancellation:

• Your subscription will not renew at the end of the current billing period
• You will retain access to the Service until the end of your current billing period
• No refund will be provided for the remaining days in your current billing period unless you are within the 7-day refund eligibility period for new subscriptions
• You may reactivate your subscription at any time by subscribing again

10.2 Termination by Us

We reserve the right to suspend or terminate your account and subscription immediately if:

• You violate these Terms
• Your account is used for fraudulent or illegal activities
• You engage in behavior that harms the Service or other users
• Your payment method fails and you do not update it within the specified grace period
• Required by law or court order

In cases of termination for Terms violations, no refund will be provided for any remaining subscription period.

10.3 Failed Payments

If your payment method fails, we will attempt to charge the payment method on file multiple times. If payment cannot be processed within the grace period (typically 7 days), your subscription may be suspended or canceled, and your access to the Service will be revoked until payment is successfully processed.

10.4 Effect of Termination

Upon termination or cancellation:

• Your access to the Service will end at the conclusion of your current billing period (for voluntary cancellations) or immediately (for Terms violations)
• We may delete your User Content after a reasonable period
• You should export any content you wish to retain before termination or before your access expires
• Provisions regarding intellectual property, liability, and dispute resolution will survive termination

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT RESPONSIBLE FOR DATA LOSS, SERVICE INTERRUPTIONS, OR THIRD-PARTY ACTIONS

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Service operator, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

13. Third-Party Services

The Service integrates with the following third-party services:

• Stripe: Payment processing (subject to Stripe's Terms of Service)
• Resend: Email delivery service
• Upstash Redis: Rate limiting and caching
• MongoDB: Database services

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, policies, or practices of these third parties.

14. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We comply with:

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
• Other applicable US state and federal privacy laws
• International data protection regulations where applicable (e.g., GDPR for EU users)

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Federal laws of the United States also apply where relevant.

15.2 Jurisdiction

Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, United States.

15.3 Informal Resolution

Before initiating formal legal proceedings, we encourage you to contact us to seek an informal resolution of any dispute.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We will notify users of material changes via email or through the Service
• Your continued use of the Service after changes constitutes acceptance of the new Terms
• If you do not agree to the modified Terms, you must stop using the Service

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service, and supersede any prior agreements or understandings.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms at any time without restriction.

21. Contact Information

If you have any questions about these Terms, please contact us at: