ShipSmart Solutions LLC (the “Company,” “we,” or “us”) outlines the terms and conditions in this page. This document outlines the terms of usage of the Shipment Scholar application.

1. Usage of Amazon Seller Partner API

   To perform the required operations of the software, namely, the creation and management of shipment plans into Amazon fulfillment centers, we require you to authorize us access to the product listing and inbound shipment API. This Amazon Seller Partner API is exposed to us only after the seller has authorized us to do so. We will only use the API for purposes of helping sellers create and manage shipments. However, we take no responsibility or liability for issues related or unrelated to authorizing Shipment Scholar to access this API on behalf of the seller. We do not collect any personally identifiable information (PII) of the customers of sellers' accounts.

2. Disclaimers & No Warranties & Waivers of Claims

   All services are provided by Shipment Scholar solely on an “as is " basis and at your own risk.

   Shipment Scholar hereby disclaims all conditions and warranties, whether express, implied, statutory, or otherwise under this agreement and with respect to the services and, to the maximum extent permitted under applicable law, Shipment Scholar specifically disclaims all implied conditions and warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice.

   Without limiting the foregoing, Shipment Scholar makes no condition or warranty of any kind that the services or any products or results of the use thereof, will (a) meet your’s or any other person’s requirements; (b) operate without interruption; (c) achieve any intended result; or (d) be secure, accurate, complete, free of harmful code, or error free. among other things, the operation and availability of the systems used for accessing the service, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the services. without limiting the foregoing, Shipment Scholar is not in any way responsible for any such interference or prevention of Your access or use of the Services.

3. Limitation of Liability

   To the maximum extent permitted by law, in no event will Shipment Scholar be liable under or in connection with this agreement or its subject matter (including any use of or reliance on the service or the website) under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (a) loss of business, revenue, or profit; (b) impairment, inability to use, or loss, interruption, or delay of the services; (c) loss, damage, corruption, or recovery of data; (d) breach of data or system security; or (e) consequential, incidental, indirect, special, aggravated, punitive, or exemplary damages, regardless of whether Shipment Scholar was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

   In no event will Shipment Scholar’s aggregate liability under or in connection with this agreement or its subject matter (including any use of or reliance on the service or the website) under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, exceed the access fees actually received by Shipment Scholar from you in the previous twelve (12) months. the foregoing limitation applies notwithstanding the failure of any agreed or other remedy of its essential purpose.

4. Indemnity

   You hereby agree to indemnify, defend and hold harmless Shipment Scholar against any and all claims, costs, damages and losses arising from Your breach of any of these Terms or any obligation You may have to Shipment Scholar under this Agreement, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

5. Payments & No Refunds

   If You are an Admin or designated as responsible for billing on the Organization’s account, you undertake to pay Shipment Scholar all Access Fees due for your Organization. Access Fees will be billed for each Organization on a per-usage system based on a credit system. Access Fees are non-refundable.