These terms form an agreement between you and EMAY LLC ("we", "us"), located at 9560 Buffalo Ave #100, Rancho Cucamonga, CA 91730, regarding the ShipMay software and related services. By using this website, the demo environment, software we provide, or by registering for and using our hosted platform, you agree to these terms.
We provide three distinct categories of service, each governed by its own terms and liability boundaries:
(A) Software services
Where the relationship is software-only, any transportation relationship, charges or liability arising between you and a carrier through the software is governed by your contract with that carrier; we are not a party to that transportation contract.
(B) Hosted platform access
You may register an account through www.shipmay.com or a white-label domain we authorize, and use our hosted system for rating, booking, tracking, invoicing and reconciliation ("Platform Services"). You may:
Platform Services are a separate mode of use from on-premise deployment under (A): under on-premise deployment we do not access your data; under Platform Services your account runs on infrastructure we host, and data handling is described in Section 7, "Your data and confidentiality." You may not share your account credentials with others. Actions taken through your account are treated as taken by you or someone you authorized.
(C) Logistics services
We also arrange transportation and related logistics services in the capacity of a freight intermediary. In that relationship we arrange carriage by motor carriers; the applicable scope, rates, cargo liability, insurance and claim deadlines are governed by the signed transportation services agreement, rate confirmations and shipping documents such as the bill of lading. These terms do not govern transportation services.
⚠️ Liability under the three categories is separate: the limitations under (A) and (B) (see Section 11) do not apply to transportation services under (C), and transportation-related claims are not governed by the terms under (A) and (B).
By registering an account, you confirm that:
If you register as an agent (including a sub-agent), the following also applies in addition to the rest of these terms:
Fees for Platform Services are charged under the payment method you choose:
Subject to your compliance and payment, we grant you a limited, non-transferable, non-sublicensable right to use the software and, where applicable, to access the hosted platform. Unless otherwise agreed in writing, you may not:
The software, its source code, documentation, interface design and related intellectual property remain owned by us or our licensors. A licence conveys a right to use only, and transfers no ownership. Business data you generate through the software remains yours.
Under on-premise deployment, your business data resides in your own environment and we do not access it. We access relevant data only within the scope necessary when you explicitly request support and authorize it, and cease access on completion.
Under Platform Services, your business data (orders, quotes, shipper/consignee information, etc.) is stored on infrastructure we operate. We use it only to provide the service to you and for necessary operations and security monitoring, not for purposes unrelated to your use of the service. If you are an agent, you remain responsible to your downstream customers for their information; we provide only the system facilities needed to process it under these terms.
Each party will keep the other's non-public information confidential.
The software integrates with third-party services such as carriers and accounting systems. Their availability, data accuracy and terms are outside our control. We are not liable for consequences arising from third-party interface changes, outages or erroneous data, though we will make reasonable efforts to adapt.
The demo environment is provided "as is" and may change or be interrupted at any time. Availability under on-premise deployment depends on your infrastructure. Platform Services are provided on an "as is" and "as available" basis; we maintain them on a reasonable-effort basis but do not guarantee uninterrupted operation. Any service level commitment applies only where agreed in writing.
This section applies only to Software Services (A) and Hosted Platform Access (B) under Section 2, and not to Logistics Services (C) — see the liability allocation note in Section 2. To the maximum extent permitted by law, our aggregate liability will not exceed the fees you actually paid us for the service giving rise to the claim in the twelve months preceding it. We are not liable for indirect, incidental or consequential damages, or for lost profits, goodwill or data.
Either party may terminate as provided in a signed agreement; where no such agreement exists, you may stop using the service and request account closure at any time. We may immediately suspend or terminate your licence and account access upon a material breach, such as use beyond scope, attempts to derive source code, or abuse of the agent hierarchy to circumvent tiered pricing. Sections 5, 7, 8 and 11 survive termination.
These terms are governed by the laws of the State of California, without regard to its conflict of law rules. Disputes are subject to the courts of competent jurisdiction in California.
We may update these terms, posting the revised version here with its date. Material changes will be communicated separately to registered accounts and contracted customers.
EMAY LLC
9560 Buffalo Ave #100, Rancho Cucamonga, CA 91730
[email protected]