PLEASE NOTE THAT YOUR USE OF AND ACCESS TOOUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to delivAI. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@delivAI.com.
We are constantly trying to improve ourServices, so these Terms may need to change along with the Services. We reservethe right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the delivAI website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to theTerms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us
delivAI takes the privacy of its users very seriously. For the current delivAI PrivacyPolicy, please click here.
The Children's Online Privacy ProtectionAct ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@delivAI.com.
delivAI's Services connects individuals and businesses to couriers that can provide on-demand and scheduled delivery services for sending documents and goods in town, nationally and possibly internationally.You may use the Services to schedule third-party gig-service drivers and/or couriers ("Carriers") and delivAI will provide you with the appropriate evidence of scheduling, driver information, tracking, and proof of delivery for your shipments. delivAI serves as an intermediary between you and your selected Carrier. delivAI does not transport or deliver shipments and delivAI is not a party to any contract you form with a Carrier to pick up, transport, or deliver your shipments.
You may be required to sign up for an account and select a password and username ("delivAI User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your delivAI User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and"your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, and business use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You will ensure that the information you supply to us in connection with scheduling a delivery or otherwise ordering Carrier services is complete and accurate. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services, including without limitation contributing anyContent or User Submission (each of those terms is defined below), or otherwise use the Services (or any Delivery services) or interact with the Services in a manner that:
1. (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including delivAI or any Carrier);
2. (b) Constitutes a breach of, or otherwise conflicts with, any Carrier terms, rules, or policies, or your agreements with any Carrier;
3. (c) Violates any law or regulation, including any applicable export control laws;
4. (d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
5. (e) Jeopardizes the security of your delivAI account or anyone else's (such as allowing someone else to log in to the Services as you);
6. (f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
7. (g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
8. (h) Runs Mail list, Listserv, any form of auto-responder or "spam" on theServices, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of theServices (including by placing an unreasonable load on the Services' infrastructure);
9. (i) "Crawls," "scrapes," or "spiders" any page, data ,or portion of or relating to the Services or Content (through use of manual or automated means);
10.(j) Copies or stores any significant portion of the Content;
11.(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed oravailable on or through the Services, including, but not limited to, text,graphics, data, articles, photos, images, illustrations, User Submissions, andso forth (all of the foregoing, the "Content") are protected bycopyright and/or other intellectual property laws. You promise to abide by allcopyright notices, trademark rules, information, and restrictions contained in anyContent you access through the Services, and you won't use, copy, reproduce,modify, translate, publish, broadcast, transmit, distribute, perform, upload,display, license, sell or otherwise exploit for any purpose any Content notowned by you, (i) without the prior consent of the owner of that Content or(ii) in a way that violates someone else's (including delivAI's) rights.
You understand that delivAI owns theServices. You won't modify, publish, transmit, participate in the transfer orsale of, reproduce (except as expressly provided in this Section), createderivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy ordownload certain Content; please remember that just because this functionalityexists, doesn't mean that all the restrictions above don't apply – they do!
You agree that the released value of eachshipment tendered to delivAI using the Full-Service is no greater than $100unless you specify a higher declared value, which is a reasonable value underthe circumstances surrounding the transportation, and that delivAI shall not beliable for more than $100 for each such lost or damaged shipment unless youhave mentioned the value as an additional level of loss or damage coverage inthe notes through the delivAI app during the checkout process. Further, youagree that delivAI shall have no liability for the loss or damage of anyshipment to be sent using the Self-Service Option, unless delivAI offers andyou have purchased a specified level of loss or damage coverage through the delivAIapp during the checkout process. For clarity, any reimbursement for loss ordamage hereunder may not exceed the total actual value of the original shipment,irrespective of the value declared or the maximum amount of loss or damagecoverage purchased in the delivAI app. By declaring a value higher than $100for a Full-Service shipment, or by declaring any value for a Self-Serviceshipment, you acknowledge that you may be required to pay some additionalcharge(s) at the rates set forth in the Services at the time of confirmation ofa shipment to acquire loss or damage coverage up to the declared value. You maynot declare a value in excess of $1,000 per shipment. If you declare value inexcess of what is permitted under this TOS, it is your sole responsibility totimely request an adjustment to cover any additional charges. If you fail to doso, you will be liable for all additional Charges. A "shipment" as itis used in this section means all packages tendered for shipment in a singleorder or transaction, whether or not such order or transaction covers one ormore discrete packages. Acceptance for shipment or receipt of payment for anyshipment bearing a declared value above the limitations set forth herein doesnot constitute a waiver of any provisions of this TOS.
Subject to the foregoing limitations, delivAI'sshall not be liable for loss or damage. TheCarrier’s liability for loss or damage to a shipment shall be the lower of (a)the actual purchase price or (B) the reasonable cost of repair or replacementof the lost or damaged shipment, in each case as shown by reasonable supportingdocumentation.
Notwithstanding the foregoing, delivAIshall not be liable for loss or damage to any shipments which (collectively,"Excluded Shipments"):
1. arecanceled by delivAI or by you pursuant to this TOS.
2. aredamaged or destroyed as a result of handling or inspection by the sender orrecipient.
3. arepre-packaged by you, and that delivAI and its representatives not open,repackage, or otherwise handle except as necessary to deliver the shipment to acarrier, or delivAI reasonably believes that you intend for the shipment to bedelivered to the carrier "as is," without additional packaging orrepackaging (the foregoing, collectively, "Pre-Packaged Shipments").
4. whichare marked as "delivered" or “complete” by the carrier.
5. whichare lost or damaged as a result of a "force majeure" event or"act of God," including without limitation severe weather, war, orriot.
If a shipment is lost or damaged while in theCarrier’s Possession, you may file a claim with the Carrier for reimbursementand delivAI will assist in the process. You may only file one claim pershipment. For damaged shipments, all claims must be submitted within 48 hoursof the delivery date for domestic shipments. A claim filed directly with the Carriernullifies any such claim with delivAI for same shipment. For purposes hereof,an item shall be deemed to be in "delivAI's Possession" from thepoint the Carrier collects the item from you until the item reaches the enddestination via one of our Carrier partners. Any insurance must be purchasedseparately from an insurance provider.
For lost shipments which you report to delivAI,delivAI will conduct an initial investigation to locate lost packages,including by contacting any Carrier, the sender, or the recipient as necessary.If delivAI cannot locate the package within 10 business days, delivAI will sendor electronically provide a "Loss Claim Form" to the sender toofficially open the claim. If delivAI is able to recover a package, delivAIwill return the package to the sender and reimburse you for the actual cost ofshipping billed to the sender.
Supporting documents must be provided to delivAIwithin 7 days of receipt of a Loss Claim Form. The original receipt of theshipping label and an image or photograph of the damaged or non-delivered itemmay be required when filing a claim. If the recipient accepts the shipmentwithout noting any damage on the delivery record, we will assume the shipmentwas delivered in good condition. In order for us to consider a claim fordamage, the contents, original shipping cartons, and original packing must beavailable to us for inspection and retained until the claim is resolved.Written documentation (such as a receipt, invoice or quote for repair services)showing the actual purchase cost of the items or the reasonable cost to repairor replace such a lost or damaged item supporting the amount of a claim willalso be required. All supporting documentation must be submitted within 7 daysof claim initiation and maintained by the sender until the claim is resolved.If a lost item which is the subject of a claim is recovered during the claimprocess, the current claim shall expire, and within 7 days of such expiration,you may submit a subsequent claim for damage, if applicable, as set forthabove.
Most claims are resolved within 15 to 30business days; however, some claims have longer resolutions times due to thetime required to investigate the claim. delivAI shall take all reasonableefforts to resolve a claim as soon as is practical, provided that delivAI shallhave at least 10 business days from initial receipt of a claim to respond.
Your acceptance of reimbursement for aclaim ("Resolution") will extinguish any other rights you may havefor loss or damage the shipment which is subject to that claim, and if suchshipment is recovered following Resolution, you acknowledge and agree that delivAIhas no obligation to return such shipment to you or to pay you any additionalamounts with respect to such shipment, and delivAI shall have the express rightto reclaim or pick up such shipment from wherever the shipment is located.
From time to time, delivAI may offer areferral program which enables you to earn credits or “Zipoints” redeemable fordelivAI services by sharing a unique referral link provided to you by delivAI("Referral Link") with your friends. For more information on how tojoin our referral program, please visit our referral FAQ page. Referral linksmay only be used for personal purposes and may not be used commercially.
To qualify for credits, the referredcustomer must be a new customer of delivAI and use your Referral Link to signup for the Services. You may not collect referrals by:
1. self-referringby using multiple or false names, identities, accounts or email addresses;
2. referringanyone who is an existing delivAI customer, including an existing customer withan account under an alternate email address;
4. postingon message boards, public forums, coupon sites or other online venues;
5. permittinganother individual to use the referring customer's account;
6. referringfake people to delivAI, impersonating another person, or otherwise providing delivAIwith false or misleading information;
7. usingthe Referral Link in any manner that is disparaging or that otherwise portrays delivAIin a negative light; or
8. referringcustomers in violation of any other restriction we impose on participants inour referral program in our discretion upon prior notice.
If delivAI determines in its solediscretion that there has been a violation of these terms, delivAI reserves theright to cancel or rescind any accrued credits and/or determine that either orboth the referred customer and referring customer are ineligible to participatein this or future offers. Referring customers may also be liable for civiland/or criminal penalties under applicable law. delivAI reserves the right tovoid, verify or adjust credits at any time prior to or following posting andredemption.
By acquiring delivAIry points, you agreeand acknowledge that delivAI is granting you a limited, revocable license to adigital item, and that the credits are not your personal property. Except asexplicitly provided herein, your Referral Link and credits arenon-transferable. You are responsible for keeping track of the credits in youraccount and notifying us of any discrepancy. You may be required to pay taxes,and we may be required to withhold taxes, on the value of redeemed credits ifthe value exceeds certain thresholds.
Credits cannot be applied to previousshipments and are not redeemable for cash. This referral program is subject torestriction, modification, suspension or termination at any time upon notice toyou in delivAI's sole discretion. We may provide such notice in any waycompliant with applicable law including via email to the last email address youprovided to us, by amending this TOS, or posting a change to our referralprogram FAQ page. All credits are voided immediately upon termination of ourreferral program.
The Service includes certain services thatare available via a mobile device, including (i) the ability to upload contentto the Service via a mobile device, (ii) the ability to browse the Service andthe Site from a mobile device and (iii) the ability to access certain featuresthrough an application downloaded and installed on a mobile device(collectively, the "Mobile Services"). To the extent you access theService through a mobile device, your wireless service carrier's standardcharges, data rates and other fees may apply. In addition, downloading,installing, or using certain Mobile Services may be prohibited or restricted byyour carrier, and not all Mobile Services may work with all carriers ordevices. By using the Mobile Services, you agree that we may communicate withyou regarding delivAI and other entities by SMS, MMS, text message or otherelectronic means to your mobile device and that certain information about yourusage of the Mobile Services may be communicated to us. You agree that as partof the registration process, delivAI may request that you verify your mobiledevice via SMS. In the event you change or deactivate your mobile telephonenumber, you agree to promptly update your delivAI account information to ensurethat your messages are not sent to the person that acquires your old number.
You hereby grant delivAI a license totranslate, modify (for technical purposes, for example making sure your contentis viewable on an iPhone as well as a computer) and reproduce and otherwise actwith respect to such User Submissions, in each case to enable us to provide andoperate the Services. You agree that the license you grant is royalty-free,perpetual, irrevocable, and worldwide. This is a license only – your ownershipin User Submissions is not affected.
Finally, you understand and agree that delivAI,in performing the required technical steps to provide the Services to our users(including you), may need to make changes to your User Submissions to conformand adapt those User Submissions to the technical requirements of connectionnetworks, devices, services, or media, and the foregoing licenses include therights to do so.
You are responsible for all Content youcontribute, in any manner, to the Services, and you represent and warrant youhave all rights necessary to do so, in the manner in which you contribute it.You will keep all your registration information accurate and current. You areresponsible for all your activity in connection with the Services.
The Services may contain links orconnections to Couriers or other third-party websites or services that are notowned or controlled by delivAI. Our display on or through the Services ofdelivery service options offered by third parties does not in any way imply,suggest, or constitute any sponsorship or approval of us by any such Courier orany affiliation between any such Courier and us. Our display of specificoptions does not suggest a recommendation by us of the Courier or its deliveryoptions. You agree that we are in no way responsible for the accuracy,timeliness or completeness of information it may obtain from these Couriers.Your interaction with any Courier or other third party found on or through ourServices, including payment and delivery of goods or services, and any otherterms, conditions, warranties or representations associated with such dealings,is solely at your own risk. You agree that delivAI will have no liability withrespect to the acts, omissions, errors, representations, warranties, breachesor negligence of any Courier or other third party or for any personal injuries,death, property damage, or other damages or expenses resulting in any mannerfrom your interactions with any Courier.
You agree to abide by the terms orconditions of purchase imposed by any Courier with whom you elect to deal. Thecircumvention of a Courier's rules is prohibited. The use of prohibitedpractices may result in the termination of your account on the Services, theCourier taking actions including the cancellation of a service order, denieddelivery, additional charges to your credit card, additional charges collectedat the delivery or collection, or future invoicing.
Any information or content publicly postedor privately transmitted through the Services is the sole responsibility of theperson from whom such content originated, and you access all such informationand content at your own risk, and we aren't liable for any errors or omissionsin that information or content or for any damages or loss you might suffer inconnection with it. We cannot control and have no duty to take any actionregarding how you may interpret and use the Content or what actions you maytake as a result of having been exposed to the Content, and you hereby releaseus from all liability for you having acquired or not acquired Content throughthe Services. We can't guarantee the identity of any users with whom youinteract in using the Services and are not responsible for which users gainaccess to the Services
If there is a dispute between participantson this site, or between users and Couriers or any other third party, you agreethat delivAI is under no obligation to become involved. In the event that youhave a dispute with one or more other users or carriers, you release delivAI,its officers, employees, agents, and successors from claims, demands, anddamages of every kind or nature, known or unknown, suspected or unsuspected,disclosed or undisclosed, arising out of or in any way related to such disputesand/or our Services. If you are a California resident, you shall and hereby dowaive California Civil Code Section 1542, which says: "A general releasedoes not extend to claims which the creditor does not know or suspect to existin his or her favor at the time of executing the release, which, if known byhim or her must have materially affected his or her settlement with thedebtor."
Youmay not tender for shipment any of the following prohibited items("Prohibited Items"):
1. Cashand currency.
2. Liveanimals, except as provided in the Live Animals and Ornamental Marine Life(Including Live Fish) section. (Edible seafood, such as live lobsters, crabs orother types of fish and shellfish for human consumption, is acceptable,provided the shipper is in compliance with all local, state and federal laws.)
3. Animalcarcasses. (Animal heads and other parts for taxidermy may be accepted but mustbe properly packaged. This restriction does not apply to properly packaged meator poultry products intended for human consumption.)
4. Humancorpses, human body parts, human embryos, or cremated or disinterred humanremains.
5. Shipmentsthat require us to obtain a local, state or federal license for theirtransportation. Some examples are Prescription Drugs and Rx. Shipments that maycause damage or delay to equipment, personnel or other shipments
6. Lotterytickets and gambling devices where prohibited by law.
7. Hazardouswaste. This includes, but is not limited to, used hypodermic needles orsyringes transported for sterilization, recycling, disposal or for any otherpurpose, or other medical waste.
8. Hazardousmaterials of any sort.
9. Packagesthat are wet, leaking or emit an odor of any kind.
11.Itemsor commodities that are prohibited to either be possessed or shipped byapplicable local, state or federal law.
12.Wasteor garbage for disposal.
14.Alcoholor alcoholic beverages, unless authorized by State, County, and Localregulations.
15.Flammableliquids or items of sort.
16.Anyother items prohibited by law as detailed by our partners FedEx, UPS, USPS,DHL, or any of our other carrier partners.
You hereby represent and warrant that (i)none of your shipments contain any illegal, hazardous or Prohibited Items and(ii) you will comply with all applicable shipping laws, including 49 C.F.R. andfederal Hazardous Materials Regulations. You agree to reimburse delivAI for anyexpenses or costs, including consequential damages, we or anyone else may incuras a result of a breach of the foregoing representation and warranty.
We reserve the right, but have noobligation, to open and inspect your Full-Service shipment at any time, takephotographs of the items in your Full-Service shipment for our internal use toprovide the Services, and may permit and/or contact government authorities tocarry out such inspections and seize shipments as they may considerappropriate. We reserve the right to reject, suspend, or cancel the shipment orcarriage of any Prohibited Items, or any shipment that delivAI believes maycontain materials that may damage other shipments or that may constitute a riskto our equipment or employees or to those of our service providers. We may ormay not notify you of any of the foregoing and we are not responsible for andhereby disclaim any liability relating to any non-delivery of any items thatare prohibited by this TOS or by law and any such items may be turned over toauthorities, discarded, or returned to the sender (in each case in delivAI'ssole discretion). You may request that delivAI and its agents or third-partybusiness partners not open, remove packaging, or otherwise inspect yourPre-Packaged Shipment (defined herein). By doing so, you waive any right toreimbursement for loss or damage to your shipment, as further specified in thisTOS. However, you acknowledge and agree that delivAI (and its agents or third-partybusiness partners) may take such actions with respect to your shipment, even ifyou request otherwise, if delivAI determines in its sole discretion that suchaction is necessary to assess compliance with this TOS or is otherwise requiredby applicable law or regulation. You acknowledge and agree that you, and not delivAI,are solely responsible for your compliance with this TOS, including withoutlimitation the AUP. delivAI is not liable for damage to your shipment(including a Pre-Packaged Shipment) or any harm to a person which results fromyour non-compliance with this TOS.
You acknowledge that delivAI or its third-partyrepresentatives may reject, cancel, or suspend the shipment or carriage of anyitem tendered for shipment using the Full-Service option which exceeds thethen-current size and weight limits for Full-Service shipments as describedwithin the Service, or for which inaccurate or incomplete shipment informationis provided (each, a "Non-Conforming Shipment") at any time. delivAIwill notify you in the event that delivAI deems an item to be a Non-ConformingShipment, and will retain such Non-Conforming Item at delivAI's local facilityuntil (i) you have the Non-Conforming Shipment picked up from the designated delivAIfacility during posted hours, (ii) you elect to have the Non-ConformingShipment returned to you by a courier, or (iii) until 20 business days havepassed since you tendered the Non-Conforming Shipment for shipment, at whichtime delivAI may discard or dispose of the item at its discretion.
We're always trying to improve theServices, so they may change over time. We may suspend or discontinue any partof the Services, or we may introduce new features or impose limits on certainfeatures or restrict access to parts or all of the Services. We'll try to giveyou notice when we make a material change to the Services that would adverselyaffect you, but this isn't always practical. Similarly, we reserve the right toremove any Content from the Services at any time, for any reason, in our solediscretion, and without notice.
You agree to pay all fees associated withthe Service. delivAI's current standard pricing, which may be updated from timeto time. You may be subject to alternate pricing as set forth on a separateorder form ("order Form") or in some other written form accepted by delivAI.delivAI reserves the right to revise your pricing at any time by providingwritten notice to you. delivAI will send you an invoice detailing your ordersand the applicable charges at the end of each week in which you place an order.For users with a high volume of orders, delivAI may send invoices morefrequently. Once the invoice has been sent to you, you agree to pay delivAI andyou authorize delivAI to charge the full invoice amount to the payment methodyou provide in your account information. If we are unable to charge the paymentmethod you provide, you agree to pay all amounts due on your outstandinginvoice(s) upon demand.
You must provide current, complete andaccurate payment and billing information for your account. You must properlyupdate all information to keep your account current, complete, and accurate(for example you must notify us of a change in billing address, credit cardnumber, or credit card expiration date). Changes to such information may bemade at the dashboard on https://app.delivAI.com. Failure to keep such paymentmethod details current and accurate may result in delivAI's failure to collectapplicable fees, and may result in the suspension or termination of your accessto the Services.
You may request a refund of cancelledorders through delivAI, but such refunds are subject to the policies of theapplicable Courier. If a Courier refuses to issue a refund, delivAI will not beresponsible for refunding any postage amounts paid to such Courier. delivAImay, at its discretion, issue a refund of any fees paid in addition to the Carrier'sfees. If a refund is issued, it will be provided no earlier than 7 days afterthe order date. Any fee refund claims must be filed within 48 hours after theorder was scheduled to be delivered.
delivAI shall not be responsible for anylocal customs charges, import taxes or duties or any similar charge(s) incurredthrough the carriage and/or delivery of any shipments and you must satisfyyourself as to whether any of these charges will become due, and if so in whatamounts, before completing an order with us. If any such charges become due asa result of a carriage and/or delivery of a shipment on your behalf and arecharged to us by any competent authority you agree to reimburse us fully inrespect of the same within 7 days of our demand.
To the extent the Service or any portionthereof is made available for any fee, you will be required to provide delivAIinformation regarding your credit card or other payment instrument. Yourepresent and warrant to delivAI that such information is true and that you areauthorized to use the payment instrument. You will promptly update your accountinformation with any changes (for example, a change in your billing address orcredit card expiration date) that may occur. When you arrange for shipment, allcharges for the shipment and any additional fees payable to delivAI("Charges") will be charged to the credit card or other paymentinstrument associated with your account. You hereby authorize delivAI to billyour payment instrument for Charges in accordance with this TOS. Except asotherwise agreed by the parties, all Charges shall be those in effect at thetime that an item is tendered for shipment and described in the Service,including through email or SMS messages sent by delivAI, on the Site or in anyMobile Services). The applicable Charges will be based upon the characteristicsof the shipment actually tendered to us. If you dispute any charges, you mustlet delivAI know within sixty (60) days after the date that delivAI bills yourpayment instrument. We reserve the right to change the amount of the Chargesfrom time to time. If delivAI does change any of the Charges, delivAI will postthe new rates to the Service, effective as of the posting date. Your continueduse of the Service after the price change becomes effective constitutes youragreement to pay the changed amount. You shall be responsible for all taxesassociated with Services other than U.S. taxes based on delivAI's net income.
You, as a shipper, understand that you areresponsible for providing accurate and complete shipment information to delivAI,including service selected, number, size, descriptions (including designationssuch as "fragile," if such designations are permitted or requestedthrough the Service) and estimated dimensions of shipments. If any aspect ofthe shipment information is incomplete or incorrect as determined by delivAI inits sole discretion, the actual Charges applicable to such shipment may be morethan what is quoted through the Service, and delivAI may, in its discretion,adjust the actual Charges accordingly and will notify the shipper of suchadjustments. You authorize delivAI to charge the payment instrument associatedwith your account for the difference between the quoted and actual Charges uponnotification. If the shipment has been canceled in accordance with this TOSprior to notification of the adjusted Charges, you acknowledge that additionalCharges may still apply.
3. You acknowledge that certain Charges mayapply to shipments which are canceled (i) by delivAI or its third partyrepresentatives because such item is a Prohibited Item, a Non-Conforming Item,or because the shipping information is incorrect or incomplete; or (ii) by you,for whatever reason, in each case even if the shipment is not handed over to athird party carrier prior to cancellation. Please see our FAQ for moreinformation about Charges for canceled shipments.
You'refree to do that at any time, by contacting us at support@delivAI.com; pleaserefer to our PrivacyPolicy, as well as the licensesabove, to understand how we treat information you provide to us after you havestopped using our Services.
delivAI is also free to terminate (orsuspend access to) your use of the Services or your account, for any reason inour discretion, including your breach of these Terms. Upon deactivation of youraccount for any reason, you shall immediately pay to us all of your outstandingunpaid invoices. delivAI has the sole right to decide whether you are inviolation of any of the restrictions set forth in these Terms.
Account termination may result indestruction of any Content associated with your account, so keep that in mindbefore you decide to deactivate your account. We will try to provide advancenotice to you prior to our terminating your account so that you are able toretrieve any important User Submissions you may have stored in your account (tothe extent allowed by law and these Terms), but we may not do so if wedetermine it would be impractical, illegal, not in the interest of someone'ssafety or security, or otherwise harmful to the rights or property of delivAI.
If you have deactivated your account bymistake, contact us immediately at support@delivAI.com – we will try to help,but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, shouldsurvive termination of these Terms shall survive termination. By way ofexample, all of the following will survive termination: any obligation you haveto pay us or indemnify us, any limitations on our liability, any termsregarding ownership or intellectual property rights, and terms regardingdisputes between us.
delivAI may offer Software applicationsthat are intended to be operated in connection with products made commerciallyavailable by Apple Inc. ("Apple"), among other platforms. Withrespect to Software that is made available for your use in connection with anApple-branded product (such Software, "Apple-Enabled Software"), inaddition to the other terms and conditions set forth in this TOS, the followingterms and conditions apply:
delivAI and you acknowledge that this TOSis concluded between delivAI and you only, and not with Apple, and that asbetween delivAI and Apple, delivAI, not Apple, is solely responsible for theApple-Enabled Software and the content thereof. You may not use theApple-Enabled Software in any manner that is in violation of or inconsistentwith the Usage Rules set forth for Apple-Enabled Software in, or otherwise bein conflict with, the App Store Terms of Service.
Your license to use the Apple-EnabledSoftware is limited to a non-transferable license to use the Apple-EnabledSoftware on an iOS Product that you own or control, as permitted by the UsageRules set forth in the App Store Terms of Service. Apple has no obligationwhatsoever to provide any maintenance or support services with respect to theApple-Enabled Software.
Apple is not responsible for any productwarranties, whether express or implied by law. In the event of any failure ofthe Apple-Enabled Software to conform to any applicable warranty, you maynotify Apple, and Apple will refund the purchase price for the Apple-EnabledSoftware to you, if any; and, to the maximum extent permitted by applicablelaw, Apple will have no other warranty obligation whatsoever with respect tothe Apple-Enabled Software, or any other claims, losses, liabilities, damages,costs or expenses attributable to any failure to conform to any warranty, whichwill be delivAI's sole responsibility, to the extent it cannot be disclaimedunder applicable law.
delivAI and you acknowledge that delivAI,not Apple, is responsible for addressing any claims of you or any third partyrelating to the Apple-Enabled Software or your possession and/or use of thatApple-Enabled Software, including, but not limited to: (i) product liabilityclaims; (ii) any claim that the Apple-Enabled Software fails to conform to anyapplicable legal or regulatory requirement; and (iii) claims arising underconsumer protection or similar legislation.
In the event of any third-party claim thatthe Apple-Enabled Software or the end-user's possession and use of thatApple-Enabled Software infringes that third party's intellectual property rights,as between delivAI and Apple, delivAI, not Apple, will be solely responsiblefor the investigation, defense, settlement and discharge of any suchintellectual property infringement claim.
You represent and warrant that (i) you arenot located in a country that is subject to a U.S. Government embargo, or thathas been designated by the U.S. Government as a "terroristsupporting" country; and (ii) you are not listed on any U.S. Governmentlist of prohibited or restricted parties.
If you have any questions, complaints orclaims with respect to the Apple-Enabled Software, they should be directed to delivAIas follows: hello@delivAI.com
delivAI Inc. ATTN: Support 8000 AvalonBlvd, Suite 100, Alpharetta, GA 30009. delivAI and you acknowledge and agree thatApple, and Apple's subsidiaries, are third party beneficiaries of this TOS withrespect to the Apple-Enabled Software, and that, upon your acceptance of theterms and conditions of this TOS, Apple will have the right (and will be deemedto have accepted the right) to enforce this TOS against you with respect to theApple-Enabled Software as a third party beneficiary thereof.
In addition, delivAI is not responsible forthe accuracy, availability or reliability of any information, content, goods,data, opinions, advice or statements made available in connection with ThirdParty Services, including usernames or shipping addresses. As such, delivAI isnot liable for any damage, loss, or delay caused or alleged to be caused by orin connection with use of or reliance on any such Third-Party Services orinformation received from such Third-Party Services. delivAI enables thesefeatures merely as a convenience and the integration or inclusion of suchfeatures does not imply an endorsement or recommendation.
Warranty Disclaimer.. Neither delivAI norits licensors or carriers makes any representations or warranties concerningany content contained in or accessed through the Services, and we will not beresponsible or liable for (i) the accuracy, copyright compliance, legality, ordecency of material contained in or accessed through the Services, (ii) any failureor delay in purchasing postage or delivering shipments (including, withoutlimitation, any failure or delay arising from the use of or inability to useany part of the Services), or (iii) the performance or non-performance by aCourier or any other provider of postage or delivery services arranged throughthe Services. We (and our licensors and suppliers) make no representations orwarranties regarding suggestions or recommendations of services or productsoffered or purchased through the Services. Products and services purchased oroffered (whether or not following such recommendations and suggestions) throughthe Services are provided "AS IS" and without any warranty of anykind from delivAI or others (unless, with respect to such others only, providedexpressly and unambiguously in writing by a designated third party for aspecific product). THE SERVICES AND CONTENT ARE PROVIDED BY delivAI (AND ITSLICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED ORERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTYLASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLESTEXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGALTHEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OROTHERWISE) SHALL delivAI (OR ITS LICENSORS OR CARRIERS) BE LIABLE TO YOU OR TOANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIALDAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORKSTOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANYAMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THEAMOUNTS PAID BY YOU TO delivAI IN CONNECTION WITH THE SERVICES IN THE TWELVE(12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY ACTS, OMISSIONS, ORFAILURES OF A COURIER, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOMESTATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THEABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed byapplicable law, You agree to indemnify and hold delivAI, its affiliates,officers, agents, employees, partners, carriers harmless from and against anyand all claims, liabilities, damages (actual and consequential), losses andexpenses (including attorneys' fees) arising from or in any way related to anythird party claims relating to (a) your use of the Services (including anyactions taken by a third party using your account), (b) your violation of theseTerms, and (c) your violation of a Carrier’s rules, policies, terms of service,or any agreement between you and a Carrier. In the event of such a claim, suit,or action ("Claim"), we will attempt to provide notice of the Claimto the contact information we have for your account (provided that failure todeliver such notice shall not eliminate or reduce your indemnificationobligations hereunder).
Assignment. You may not assign, delegate ortransfer these Terms or your rights or obligations hereunder, or your Servicesaccount, in any way (by operation of law or otherwise) without delivAI's priorwritten consent. We may transfer, assign, or delegate these Terms and ourrights and obligations without consent.
Choice of Law; Arbitration. These Terms aregoverned by and will be construed under the laws of the State of Georgia,without regard to the conflicts of laws provisions thereof. Any dispute arisingfrom or relating to the subject matter of these Terms shall be finally settledin Fulton County, Georgia, in English, in accordance with the StreamlinedArbitration Rules and Procedures of Judicial Arbitration and MediationServices, Inc. ("JAMS") then in effect, by one commercial arbitratorwith substantial experience in resolving intellectual property and commercialcontract disputes, who shall be selected from the appropriate list of JAMSarbitrators in accordance with such Rules. Judgment upon the award rendered bysuch arbitrator may be entered in any court of competent jurisdiction.Notwithstanding the foregoing obligation to arbitrate disputes, each partyshall have the right to pursue injunctive or other equitable relief at anytime, from any court of competent jurisdiction. For all purposes of thisAgreement, the parties consent to exclusive jurisdiction and venue in the stateor federal courts located in, respectively, Fulton County, Georgia. Anyarbitration under these Terms will take place on an individual basis: classarbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THATBY ENTERING INTO THESE TERMS, YOU AND delivAI ARE EACH WAIVING THE RIGHT TOTRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible forpaying, withholding, filing, and reporting all taxes, duties, and othergovernmental assessments associated with your activity in connection with theServices, provided that the delivAI may, in its sole discretion, do any of theforegoing on your behalf or for itself as it sees fit. The failure of eitheryou or us to exercise, in any way, any right herein shall not be deemed awaiver of any further rights hereunder. If any provision of these Terms isfound to be unenforceable or invalid, that provision will be limited oreliminated, to the minimum extent necessary, so that these Terms shallotherwise remain in full force and effect and enforceable. You and delivAIagree that these Terms (including any applicable order Form(s)) are thecomplete and exclusive statement of the mutual understanding between you and delivAI,and that it supersedes and cancels all previous written and oral agreements,communications and other understandings relating to the subject matter of theseTerms. You hereby acknowledge and agree that you are not an employee, agent,partner, or joint venture of delivAI, and you do not have any authority of anykind to bind delivAI in any respect whatsoever. You and delivAI agree there areno third-party beneficiaries intended under these Terms.
Last Update: April 16, 2023
Alcohol & Tobacco
Alcoholand tobacco deliveries may be limited. Alcohol & Tobacco arerestricted in some markets.
Animals and regulated species
Animal parts, blood, or fluids; noxiousweeds; prohibited seeds; plants or other organisms (including productderivatives) in danger of extinction or whose trade is otherwise regulated bylaw.
Pornographic materials involving minors, orcontent that can be perceived as pedophilia erotica.
Copyright media and software
Unauthorized copies of books, music,movies, and other licensed or protected materials including copies withoutproper attribution; and unauthorized copies of software, video games and otherlicensed or protected materials, including OEM or bundled software, or otherAnimal parts, blood, or fluids; noxious weeds; prohibited seeds; plants orother organisms (including product derivatives) in danger of extinction orwhose trade is otherwise regulated by law. Products enabling unsolicited emailmessages.
Counterfeit and unauthorized goods
Replicas or imitations of designer or othergoods; items without a celebrity endorsement that would normally require suchan association; fake autographs; currency; stamps, tickets; other potentiallyunauthorized goods.
Devices or techniques for unlockingtechnical protection measures
Modchips or other devices for circumventingtechnical protection measures on digital devices, including for unlockingiPhones.
Drugs and drug paraphernalia
Controlled substances, narcotics, illegaldrugs, and drug accessories, including psychoactive and herbal drugs such assalvia and magic mushrooms and materials promoting their use; or legalsubstances, such as plants or herbs, in a manner that suggests ingesting,inhaling, extracting or otherwise using any substance or compound from thelegal substance will provide the same effect as an illegal drug, compound orsubstance or that will provide unsubstantiated health benefits.
Lottery tickets, sports bets,memberships/enrollment in online gambling sites, and related content. Promotionof offline brick and mortar casinos is allowed.
Hacking and cracking materials
Manuals, how-to guides, information, orequipment that violate the law by damaging or enabling unlawful access tosoftware, servers, websites, or other protected property.
Organs or other body parts; body fluids;stem cells; embryos.
Materials, products, or informationpromoting illegal goods or enabling illegal acts; goods you do not own or havethe right to sell; goods produced in violation of a third-party's rights;smuggled goods and goods in violation of export, import or labelingrestrictions; motor vehicles subject to transfer restriction; goods recorded onpublic registers (such as real estate) and whose transfer requires formalitiesthat cannot be legally completed online. You (Postmates Customer) are solelyand completely responsible for verifying that all items you sell are authenticand legal.
Illegal telecommunications equipment
Devices intended to obtain cable andsatellite signals for free, cable descramblers and black boxes, access cards,access card programmers and unloopers, unlawful tools or products to modifycellular telephones, and other equipment deemed unlawful by the FederalCommunications Commission (FCC) or other competent regulatory body in thecountry in which the goods are offered for sale.
Unsubstantiated cures, remedies or otheritems marketed as quick health fixes.
Goods, literature, products, or othermaterials that:
8. Offensivegoods, crime scene photos or items, such as personal belongings, associatedwith criminals or criminal acts.
Bulk sales of rare, scarce, or valuablemetals or stones
Protected cultural items and artifacts
Material covered by the UNESCO 1970Convention on the Means of Prohibiting and Preventing the Illicit Import,Export and Transfer of Ownership of Cultural Property or otherwise restrictedby law from sale, export or transfer; Artifacts, cave formations (speleothems,stalactites, and stalagmites) and grave-related items that are protected underfederal laws, such as The Federal Cave Resources Protection Act of 1988, andthe Native American Grave Protection and Repatriation Act
Pyrotechnic devices and hazardous materials
Fireworks and related goods in marketswhere delivery of such goods are ; toxic, flammable, and radioactive materialsand substances; gunpowder; explosives, gasoline, propane tanks.
Air bags; batteries containing mercury;Freon or similar substances/refrigerants; chemical/industrial solvents; medicalprocedures; car number plates; police badges and law enforcement equipment;lock-picking devices; medical devices; pesticides and insecticides; postagemeters; passive fitness equipment and electrostimulators; recalled items; slotmachines; surveillance equipment that is primarily used to obtain unlawfulinterception of wire, oral, or electronic communications and/or to facilitatethe unlawful view or recording of individuals; goods regulated by government orother agency specifications.
Radar jammers, license plate covers,traffic signal changers, and related products
Firearms, ammunition, and other itemsincluding but not limited to firearms, disguised, undetectable or switchbladeknives, martial arts weapons, silencers, ammunition, ammunition magazines, BBguns, and tear gas.
Discounted currencies or currencyexchanges; currency backed by precious metals.
Primary & Secondary School/UnderageDelivery
We have the right to refuse service to allusers under 18 years of age. In addition, we have the right to refuse deliveryto any locations in or around a primary or secondary school campus.
Misuse of Platform/Abuse
We have no tolerance for abusive languageand/or abusive behavior towards our company and/or service we provide and/orour employees and/or Postmates (couriers). Any customer deemed at our sole discretionto be abusive to our company and/or service we provide and/or our employeesand/or Postmates (couriers) will result in immediate irrevocable accounttermination without any refund. Threats to sue, slander, libel, etc., are allconsidered forms of abuse and will result in immediate irrevocable accounttermination without any refund.
Prepaid cards, gift-cards, passes, monetarycollectibles (stamps, coins etc.) all prohibited.
delivAI reserves the right to seek allremedies available for violations of the Shipping Policy, including withoutlimitation, the right to revoke access to our service/platform.
This Senders Agreement is a part of delivAI’sTerms & Conditions (“Terms”) and is incorporated therein by thisreference. By using and accessing our Platform and requesting DeliveryServices, each Sender agrees, represents, warrants, acknowledges and agreesthat: