Legal

Terms of Service

Last updated: 2026-08-21 · EMAY LLC

1. About these terms

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.

2. What we provide

We provide three distinct categories of service, each governed by its own terms and liability boundaries:

(A) Software services

  • On-premise licensing: software deployed on infrastructure you own or designate, used under a licence agreement;
  • Demo environment: for evaluation only, not for production use;
  • implementation, integration and support services, scoped by a separately signed agreement or order form.

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:

  • act as a shipper and use Platform Services to arrange transportation for your own freight; or
  • once approved by us, act as an agent and use Platform Services to serve your own customers — see Section 4, "Agents and downstream customers," below.

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).

3. Account registration and eligibility

By registering an account, you confirm that:

  • you are registering on behalf of a business or sole proprietorship, and are authorized to bind that entity to these terms;
  • the information you provide is true and accurate, and you will keep it up to date;
  • you are responsible for safeguarding your account credentials, and for consequences arising from a failure to do so;
  • we may manually review new account and agent applications; pending approval, some functions (such as placing orders or opening credit terms) may be limited, and we reserve the right to decline a registration.

4. Agents and downstream customers

If you register as an agent (including a sub-agent), the following also applies in addition to the rest of these terms:

  • independent relationship: the contractual relationship, quotes and service commitments between you and the customers you bring on are agreed between you and them; we are not a party to that relationship and are not liable for representations or commitments you make to your customers;
  • tier limit: the agent hierarchy is capped at three tiers (root agent → sub-agent → end customer); an account promotion that would create a fourth tier is rejected by the system;
  • pricing and settlement: the price you see on the platform is our quote to you; the price you charge your downstream customers is entirely your decision. We do not disclose our own upstream cost or markup to your downstream customers, and we do not disclose your markup to us or to other tiers — this does not change how the liability limits in Section 11 apply to each party;
  • you are responsible for all orders placed through your account, for charges you collect from your downstream customers, and for any dispute arising between you and them, and you will indemnify us for losses we incur as a result.

5. Fees and billing

Fees for Platform Services are charged under the payment method you choose:

  • prepaid wallet: you top up in advance, and charges from your orders draw down the balance; the balance never goes negative;
  • credit terms: once approved through review, you may pay by invoice within an agreed period; credit eligibility may be adjusted or revoked at any time based on risk assessment;
  • the specific rate is the quote shown at the time of booking, the pricing rules applicable to your agent tier, and, where applicable, any separately signed agreement;
  • if an account has an overdue balance, we may suspend or restrict its use until the balance is settled.

6. Licence scope and restrictions

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:

  • decompile, disassemble or otherwise attempt to derive source code;
  • copy, resell, lease, distribute or make the software available to third parties beyond the licensed scope;
  • remove or obscure any copyright, trademark or other proprietary notices;
  • attempt to circumvent the platform's tiered pricing or visibility isolation (for example, attempting to access cost or price data not intended for your tier).

7. Intellectual property

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.

8. Your data and confidentiality

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.

9. Third-party integrations

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.

10. Availability and support

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.

11. Limitation of liability

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.

12. Termination

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.

13. Governing law

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.

14. Changes

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.

15. Contact

EMAY LLC
9560 Buffalo Ave #100, Rancho Cucamonga, CA 91730
[email protected]