Shippity Terms of Service

Effective as of July 2023

NielsenIQ Shippity is a service that is designed to help you manage your e-commerce transactions by tracking your packages. This Terms of Service (the “Terms”) represents an agreement between you and Nielsen Consumer LLC and its group companies (collectively, “NielsenIQ”, “we” or “us”). These Terms apply to your use of the Shippity website, apps, and related consumer-facing services (the "Service"). By downloading, registering for, accessing, or using the Service, you indicate that you accept and agree to comply with the Terms.

Shippity is a web and mobile-based application service that enables you to track your packages for goods and services purchased online based on the commercial transaction data we collect from your email account(s). As part of the Service, we may also ask you to provide us with access to your retail account(s) to extract commercial transaction data. NielsenIQ uses the transaction information (including registration, subscription and e-receipt confirmations, shipping status, returns and cancellation information and other promotions you receive by email) in our market research and information services to provide manufacturers, retailers and other companies with data to better understand shopper purchasing habits and trends and inform product development and marketing decisions. Your agreement to provide us access to your online email and (to the extent applicable) retailer account(s), as required by the Shippity application, may be mandatory in order for you to use and continue to use Service.

Notice Regarding Dispute Resolution:

These Terms contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes (see “Legal Disputes and Arbitration Agreement” below). Subject to limited exceptions, these Terms require you to submit claims you have against us to binding arbitration, unless you opt-out (see “30 Day Right to Opt-Out” below). Unless you opt-out of arbitration, you will only be permitted to: (a) pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

Changes to the Terms of Service

We may revise and update the Terms from time to time in our sole discretion. Any changes to the Terms will be made by posting the updated version and amending the “Effective Date” at the top of the updated version and such modified or amended Terms shall be effective as to you and your use of the Service as of that revision date. Your continued use of the Services will constitute your acceptance of any such changes to the Terms or, if applicable, you may be asked to assent to new or different terms in the future as a condition of using the Service. Please check for updated Terms any time you access or use the Service to make sure you have reviewed the most recent version.

Accessing the Service and Account Creation

You must be 18 years or older to use this Service.

We reserve the right to withdraw or amend this Service in our sole discretion without notice.

We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Service, to users, including registered users.

You are responsible for ensuring that all persons who access the Service through devices that you control are aware of these Terms, and that they agree to and comply with them.

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete.

We have the right to disable your account, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms.

Intellectual Property Rights

Subject to these Terms, NielsenIQ grants you a limited, personal, non-exclusive, non-transferable and revocable license to use the Service solely for your own personal, individual and non-commercial purposes. All rights not expressly granted by NielsenIQ are retained. Upon termination of your account or the Service, the license to use the Service will be terminated. You grant NielsenIQ the perpetual right and license to use the information derived from the receipts and other commercial transaction information we collect for any purpose relating to the business of NielsenIQ and our affiliates consistent with the Shippity privacy policy (the “Privacy Policy”).

The Service and its content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all intellectual property rights therein, are owned by NielsenIQ, its licensors and/or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to access and use the Service for non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit or distribute any of the material on our Service, except to:

Store copies of such materials temporarily in RAM.
Store files that are automatically cached by your Web browser for display enhancement purposes.
Print a reasonable number of pages of the Service for a permitted use.

You must not:

Modify copies of any materials from our Service.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Service.

You must not reproduce, sell or exploit for any commercial purposes any part of the Service, access to the Service or use of the Service or any services or materials available through the Service.

If you print, copy, modify, download or otherwise use any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on it is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Shippity name, the NIQ trademark and all related names, logos, product and service names, designs and slogans are trademarks of NielsenIQ or its affiliates or licensors. NIELSEN and NIELSENIQ are trademarks of The Nielsen Company (US), LLC in the United States of America and other countries under license for use to NielsenIQ. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

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

In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the us or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

Changes to the Service

We may update the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material. We may change the Service at any time with or without notice. We may suspend access to the Service or terminate it indefinitely.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Linking to the Service

You may link to the Shippity homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any Service that is not owned by you.

The Service must not be framed on any other site, nor may you create a link to any part of the Service other than the homepage.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of the sites or resources accessible from these links and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, FUNCTIONS AND ANY SERVICES OR ITEMS OBTAINED OR MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NIELSENIQ AND AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, VENDORS AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. FOR EXAMPLE, NIELSENIQ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS CONTENT OR ANY SERVICES, FUNCTIONS OR ITEMS OBTAINED OR MADE AVAILABLE THROUGH THE SERVICE, OR THAT THE USE OR RESULTS OF THE USE OF THE SERVICE, WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL NIELSENIQ, ITS AFFILIATES OR ITS OR THEIR THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, VENDORS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless NielsenIQ, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Service, including, without limitation, any use of the Service's content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution. We are available by email at support@shippity.com to address any concerns you may have regarding your use of the Service, these Terms or our relationship with each other. Most concerns may be quickly resolved in this manner. Each of you and us agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution process above, then either party may initiate binding arbitration. All disputes, controversies or claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other, including, without limitation, the relationship between you and any of our agents or employees, and/or your use of the Service, shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and us each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the agreement to binding arbitration set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the “Agreement to Binding Arbitration” and “Class Action and Class Arbitration Waiver” provisions set forth above by sending written notice of your decision to opt-out by emailing us at support@shippity.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation. To the extent that the “Agreement to Binding Arbitration” provision does not apply or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York County, New York (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York County, New York for any litigation other than small claims court actions.

Miscellaneous

No waiver, delay or failure to act by us in exercising any of our rights under these Terms will impair any such right or be deemed to waive any such rights.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable for any reason, such provision shall be deemed severable or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms constitute the sole and entire agreement between you and NielsenIQ with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.
You may not assign or transfer any right or obligation hereunder to any third party. These Terms do not confer any third party beneficiary rights unless otherwise expressly set forth herein.

Your Comments and Concerns

This service is operated by Nielsen Consumer LLC, based in Chicago, Illinois.

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to support@shippity.com.